Tamara Leach's trial is in the final days, and the government has run out of options to get her on the stand. She's been charged with mischief, a relatively minor crime, but it's the kind of thing typically used for vandalism where kids are just messing around. Usually a judge just says, don't do that again. And it's over.
00:00:16.900Ezra LeVant here. I am back in Ottawa, back at the courthouse, back for another day of the trial of Tamera Leach, the leader of the truckers, and her co-accused, Chris Barber.
00:00:39.320I think this is like day 43 or something. It is by far the longest-running mischief trial in Canadian history, and indeed, the entire Commonwealth.
00:00:50.680It's not that complicated a case. Mischief is the most minor crime in the criminal code.
00:00:56.140It's the kind of thing typically used for vandalism, where kids messing around.
00:01:00.360Usually a judge just says, don't you do that again! I don't want to see you in my court again! And it's over.
00:01:06.180But, you see, it's just the pretense of a trial. This is actually the punishment itself. The process is the punishment.
00:01:14.200The government is so determined to destroy the reputation of the leader of the truckers that they've thrown the book at her.
00:01:21.620This is literally the second team of prosecutors they've deployed against her.
00:01:26.860The first team was led by Moise Karimji, an out-of-control, vendetta-driven, Liberal Party donor.
00:01:34.600That is bad to have as a prosecutor, bad for justice, and it turned out bad for the government itself.
00:01:41.640They replaced the prosecutor on the eve of trial because he was just so damn irritating, even the judge was sick of him.
00:01:49.080So you have the B team in there now, and when I say the B team, part of me is sympathetic because they were handed this case that just makes no sense.
00:01:58.540You don't prosecute a mischief trial with millions of dollars of resources.
00:02:03.340Last time I was here last week, I asked Lawrence Greenspawn, the leader of the three defense lawyers for Tamara Leach,
00:02:12.460I asked him to estimate how much money the government has spent going after Tamara Leach.
00:02:18.340And between the prosecutors, the court system, and the police, he said it was between $5 and $10 million.
00:02:26.540So obviously the decision is being made at a higher level.
00:02:30.720No prosecutor would say, yeah, I'm going to put aside assault cases, robberies, rapes,
00:02:36.640and focus on a mischief case from two and a half years ago.
00:02:40.580So that's a political decision, not a legal decision, and in that way it's obviously an abuse of process.
00:14:08.020So I think one of the problems for the Crown, just from outside looking in, is, is the Crown doesn't have the smoking gun here about what Miss Leach was thinking or was, was doing.
00:14:21.420So she wasn't, I don't think around physically the protest much.
00:14:32.340That was a point that Mr. Granger made.
00:14:33.880So there's no big moment where Miss Leach necessarily physically interfered or even, even counseled a lot of, you know, violent or obstructing conduct.
00:14:49.100So what the Crown has to do then is, is build their case circumstantially.
00:14:53.020So I have to revert to little pieces of evidence.
00:14:54.940And so one of those pieces of evidence they refer to as the use of pronouns, we, they say that connects her with the actions of the protesters.
00:15:02.100And there was some pushback from the court, I think.
00:15:04.380And Mr. Granger pointed out that, that there's different interpretations for the use of we.
00:15:48.020It's a crime to have a conspiracy to commit a crime.
00:15:51.600But here's what they chatted about just before the lunch break today is conspiracy to come to Ottawa, conspiracy to have trucks in Ottawa, conspiracy to protest, conspiracy to stay on Parliament Hill.
00:16:04.080Well, conspiracy, yeah, it means a plan that they're trying to organize, but none of those underlying things were a crime.
00:16:11.940And so the judge asked the defense lawyer, lawyer, are you aware of any other case where someone is charged with an offense like this, where the means of doing something was the crime, but the actual purpose itself was not?
00:16:28.240As in, is it even a crime if you conspire together to do something lawful and no one could think of such a case before?
00:16:37.980I just thought that was such a clever point.
00:16:42.760I don't know if I explained it very well, but basically the word was, if you have a secret plan to do something totally legal, what are we doing here in court?
00:16:52.420No, I think you've done a great job explaining it, Ezra.
00:16:54.840The problem for the Crown is that the common, the purpose here wasn't unlawful.
00:17:02.360It was to get together to pressure the government to end the mandates.
00:17:06.480Usually in a conspiracy case, as a judge noted, it's like murder or sort of a mob drug conspiracy or something like that.
00:17:13.100So obviously the purpose there is unlawful and then the means follow that unlawful purpose.
00:17:19.280The problem, as you say, is, is the purpose was perfectly fine.
00:17:25.600You can petition your government to do things all you like as long as you protest peacefully and lawfully.
00:17:30.780So I think the shocking part for me was when the court just asked straight out, is there any case law on this point?
00:17:40.160And the answer from Mr. Granger was I've not been able to find any.
00:17:44.780And certainly the Crown, they would have led with that case if it existed.
00:17:49.100So I never like to be in a position as a lawyer where I don't have case law that helps my case.
00:17:56.120That's always a problem because then you're making new law and making new law is very difficult, as you probably know.
00:18:02.300Yeah, judges want to follow the precedent.
00:18:04.680That's really the basis of our system.
00:18:06.160There's one last thing I want to run by you and it's related.
00:18:08.380During the convoy itself, you sometimes heard politicians, like Trudeau did this a lot, and what I call the regime media, calling it an illegal convoy, an illegal protest, an illegal occupation.
00:18:24.860Families and small businesses have been enduring illegal obstruction of their neighborhoods.
00:18:30.020But those things are not illegal just because someone says they are.
00:18:34.240They have to be determined illegal through a court or I suppose under the Riot Act, a police can determine a certain manifestation illegal for that moment if you don't skedaddle.
00:18:43.960I think there might be some extreme cases where a policeman can declare some, like a riot, an unlawful gathering.
00:18:51.300My point is, every single time you hear Trudeau or the CBC saying illegal occupation, illegal protest, illegal convoy, that's just not true.
00:19:00.020And my theory is this, and again, I'm just engaging in some speculation.
00:19:03.580If you've got the political and media class, the CBC liberal industrial complex, calling this trucker gathering illegal a million times, and then you say to the prosecutors, hey guys, go prosecute them for their illegal stuff.
00:19:17.200And the prosecutors say, well, yeah, you've been saying they're illegal, but as we've just discussed, it's not illegal to protest.
00:19:25.120I think that the rhetoric of the politicians was so overheated, and these prosecutors were given the unhappy task of catching up to the overheated rhetoric, but there's nothing there.
00:19:37.760I think these prosecutors, I don't know them at all, obviously, but I got to think that they would rather be doing something else, something that's more in the public interest, something that gives them a greater likelihood of conviction.
00:19:49.440There are some very serious crimes that are being let go because of delay, because court resources are limited.
00:19:55.620I think that Trudeau sort of tried to speak into effect, this is an illegal gathering.
00:20:03.000And what we're finding out in this hearing is, no, it ain't, even if you say it is, you've got to prove it's illegal, and that hasn't happened.
00:20:12.000Look, it's hard for me to speculate as to the motives behind the prosecution or what the Crown would rather do.
00:20:19.720I do agree that some cases should be prioritized over others.
00:20:23.320This is more serious stuff like sex assaults, aggravated assaults, and murders obviously should be at the top of that hierarchy.
00:20:30.400But I will say that the narrative spin that politicians put on something is different than the words used by the Crown in a criminal trial.
00:20:42.460And I think there was some pushback early on in this case where the Crown started to use words like illegal occupation, illegal protest, and the defence rightly pushed back on that and said,
00:20:54.980there's been no evidence of that before the court at this point, and we're here to prove or defend against specific charges.
00:24:31.420That's when Lawrence Greenspan, the senior of the three defense counsel for Tamara Leach, is expected to make his presentation.
00:24:40.120But I have to say, the judge herself said she is still holding open some dates in September for possibly extending the trial then, if time is needed.
00:25:14.480In fact, I didn't quite understand the point of them until the defense counsel who played them summed it up.
00:25:21.020Like, it was just her standing amongst other people saying it was like Canada Day on steroids, I think.
00:25:27.220And then another time someone said, hold the line, and she said, hold the line.
00:25:30.500I was thinking, why are they playing these five video clips?
00:25:33.640And the answer is, that is the totality of evidence this trial has seen about what Tamara Leach actually did during the time of the convoy.
00:25:45.020She had some video comments that she made on social media calling for people to be peaceful and calling for donations.
00:25:53.040She would have those famous viral Facebook videos.
00:25:56.860But they were often filmed in a nondescript location.
00:26:00.420The only evidence before the court about what Tamara Leach actually did in this city through the whole period of time were those five little clips, not even taken by her.
00:26:10.820They were just, she shows up in the background of another clip.
00:26:58.800I do not believe that there will be a likelihood of conviction.
00:27:01.820This is purely a punishment tactic to punish her for daring to defy the establishment and to defame her and through her to defame the trucker convoy.
00:27:11.680They thought there would be such a mania in Ottawa that all the judges would go along with convictions.
00:27:17.840Maybe that would have happened back in 2022.
00:27:19.840But it's almost 2025, and I think people have sobered up from the madness of the lockdowns.
00:27:25.520And we're starting to see the insanity that was done over the years during the lockdowns and realizing that the government got carried away.
00:27:34.340But the prosecutors in this case are still getting carried away.
00:27:37.660They're still insisting on going through this.
00:27:39.740I just simply don't understand how they can put away so many more important legal matters, criminal matters, aggravated assault, sexual assault.
00:27:49.420So many other cases are taking a backseat while these prosecutors and this judge break over what little there is about Tamera Leach.