Rebel News is on location at Tamara Leach's sentencing hearing outside the Ottawa Courthouse. She and Chris Barber were both convicted of mischief for their part in blocking a trucker convoy in the G20 protests in 2011.
00:01:59.720The Crown prosecution went first, and one of the things they were trying to say is how much money the convoy cost the city.
00:02:07.320And they claimed that estimates were in the tens of millions of dollars.
00:02:11.380Now, how that is on the head of two of the tens of thousands of protesters, I won't know.
00:02:17.880But there was this particular moment when a prosecutor was mentioning hotels that were seeking millions of dollars in compensation.
00:02:26.220And I thought to myself, hang on, I remember what it was like because I came for the trucker convoy and this city was shut down.
00:02:32.380And the judge recognized that, in fact, the Chateau Laurier, the fanciest hotel in the city, they claimed they lost money.
00:02:39.600And the judge said, hang on, weren't they shut down because of the lockdowns, not because of the convoy, because of the lockdowns.
00:02:46.980In fact, wasn't that why they were able to be the hotel for all the cops to stay in.
00:02:52.400And in fact, the trucker convoy was a windfall for both the hotel and the cops.
00:02:58.480Another weird lie from the prosecution.
00:03:02.120And I think the big lie of the prosecution was this, that in order to justify their astonishing and authoritarian demands for seven and eight year sentences,
00:03:12.760they have to argue that this mischief is unlike anything that the court has ever seen, ever, ever, ever.
00:03:21.240And so on that basis, the court should ignore other precedents.
00:03:24.660You know, the one thing about our legal system is precedent.
00:03:29.200If you only understood one idea, it would be that in Latin they say stare decisis, stand by the decision.
00:03:35.840It's essential to have the rule of law for people to be treated the same way for the same offense.
00:03:41.080If you have the same facts and the same charges, you should theoretically receive the same result.
00:11:24.700The prosecutor at one point tried to distinguish between those cases I mentioned in Alberta at the Lethbridge Courthouse between Alberta and Montana where there was a blockade.
00:11:36.480The court had heard that there were zero prison terms for two of the men, zero days in custody, and a 30-day term for another one for a particular reason.
00:11:46.220And the crown actually said, well, that's just Coutts, Alberta.
00:12:06.100There is so much hubris in this prosecution.
00:12:08.920And I'm embarrassed that the judge has allowed it to go on this long.
00:12:11.780And I do want to mention, and I can't remember if I mentioned it before here or if I was talking to someone else, there is a civil suit in this city, a class action against the trucker convoy.
00:12:22.480People who say their mental happiness was distraught by it.
00:12:26.340Again, like I say, part of Ottawa's purpose is to allow people to come here and protest.
00:12:32.720I worked on Parliament Hill 25 years ago or more, and I had a view of the lawn outside Centre Block.
00:12:39.100Like, literally every day there were protests.
00:12:41.760Sometimes there was two or three protests, one after each other.
00:12:46.120This city is where you go to protest and petition your government.
00:12:49.980And yes, that includes having some truckers who leave a lane open for emergency vehicles, who work with police to make it as amenable as possible.
00:12:58.460The hubris of saying you're not allowed to come to our town, and we're actually going to sue you for $300 million.
00:13:07.180Again, they haven't sued any other left-wing protests.
00:13:10.820They haven't sued any Hamas protests in this town that are far more abusive.
00:13:15.400It's just the trucker freedom protesters that are being sued.
00:13:18.580But even the ambulance-chasing lawyer for that, his name is Paul Champ, he issued a tweet today saying that the law is plain.
00:13:27.940Tamara Leach deserves zero time in jail.
00:13:32.300Now, someone might say he's trying to help Tamara Leach now so he can get punitive damages from her later.
00:13:39.500But I think the simple meaning of his tweet is the most important one, which is even the people who hate Tamara Leach, and this city is full of them,
00:13:52.240even they acknowledge that every legal precedent says she goes free.
00:13:57.560In fact, she's already spent 49 days in jail.
00:14:02.360And I think there's another thing at play with Paul Champ.
00:14:04.780He's a left-wing activist, extremist on the left.
00:14:08.040He knows, as I said, that the vast majority of protests in Canada are on the left.
00:14:14.520And the vast majority of political violence in this country is on the left.
00:14:19.300And if suddenly, because of one hard case, the trucker convoy, there's a new precedent of seven years in prison,
00:16:10.900Someone who's a little bit cooler under the collar than me is our friend Mark Joseph,
00:16:15.180senior litigator at the Democracy Fund.
00:16:17.080As you know, the Democracy Fund is crowdfunding Tamara's legal bills.
00:16:22.300Mark, what did you think of this morning?
00:16:23.820Well, I mean, the Crown made their case that this is an unprecedented event.
00:16:30.460The protests were harmful, harmed the community.
00:16:33.900And they presented, I think, a number of cases, which they say stands for the proposition that that should result in a severe penalty,
00:16:43.020custodial penalty of seven or eight years.
00:16:45.280And then Diane Magus, counsel for Chris Barber, got up and noted, I think properly, that a lot of those cases don't apply.
00:16:54.960Those cases, in particular the G20 cases, involved a lot of violence, a lot of property damage, assaults, thefts, that really distinguished them.
00:17:05.560So, I think the Crown is on the back foot a little.
00:17:08.400They're going to have a difficult time establishing that seven years is an appropriate sentence.
00:17:12.460You know, when I saw Paul Champ, the class action lawyer who's suing Tamara Leach, Chris Barber and the truckers,
00:17:22.060even he, who hates Tamara Leach, tweeted that the precedents show she should get zero jail time.
00:17:30.300Why would any lawyer who has an obligation to be temperate and, I think, lawful,
00:17:39.060why would they go to such extremes that feel so political to me?
00:17:42.940I, like, I have, I've covered so many of these cases.
00:17:47.460Seven years is so far outside the norm.
00:17:50.120How can a, how can a lawyer be true to their professional ethical obligations and say,
00:17:55.740oh yeah, throw her in prison for seven years for something that's really akin to a shoplifting charge?
00:18:01.300Well, I mean, the process of the Crown's reasoning is opaque to us, defense lawyers.
00:19:29.140I thought, well, it's a flawed system, but it's the best system we have.
00:19:32.560There's that phrase that I remember learning in law school, bringing the administration of justice into disrepute.
00:19:40.160And that was something you never wanted to do.
00:19:42.660You didn't want people to laugh at the law or mock the law or hate the law because the law is what we've got to keep us away from barbarism.
00:19:50.240And prosecutions like this that are so clearly double standards, I think they bring the administration of justice into disrepute.
00:20:24.020Well, our truck has been driving around Ottawa.
00:20:35.460We love to have it here at the courthouse because it irritates all the right people.
00:20:39.100But we've taken it around town, too, including to a neighborhood that I used to live in way back in the day when I worked at Parliament Hill.