Tamara Lich admits accepting award is related to Freedom Convoy in fiery day in court

Tamara Lich admitted in court Thursday thatacceptinganaward for organizing the Freedom Convoy "is related" to the convoy, but testified she doesn't believeshe violated a bail condition not to support anything related to the protest that occupied somedowntown Ottawa streets for weeks.

She made the comments on the first day ofher second bail review in Ottawa's Superior Court, a proceeding pepperedwith tense, dramaticexchanges between Crown prosecutor Moiz Karimjeeand Justice Kevin Phillips.

Lich, who ischarged jointly with fellow convoy organizer Chris Barber, is accused ofmischief, counselling mischief, obstructing police, counselling to obstruct police, counselling intimidation, and intimidation by blocking and obstructing one or more highways in relation to the protest.

She has been out on bail since March 7, bound by anotherSuperior Court justice's order not to "verbally,in writing, financially, or by any other means, support anything related to the Freedom Convoy," and to stay out of Ontario, among other conditions.

Lich emailed to say she'd be honoured to accept

During examinationby defence lawyer Lawrence Greensponon Thursday, Lich testifiedvia a Zoom video link from Alberta that she wants her bail conditions changed to allow her tovisit Ottawa. The reasons are subject to a court-ordered publication banand cannot be disclosed.

She also testified she would "love to attend" an event in Toronto in June to accept a freedom award, "however Iwon't be breaching my bail conditions in order to do so."

On March 28, a charity called theJustice Centre for Constitutional Freedoms emailed Lich to notify her she'd been selected forits 2022 George Jonas Freedom Award, she told court.

The email, which she read aloud, said the honour was being given "in recognition of your leadership role in the Freedom Convoy."

The award announcement on the centre's website states Lich "took the initiative to help organize a peaceful protest and serve as one of its leaders. The resulting peaceful protest in Ottawa awakened many Canadians to the injustice of Charter-violating lockdowns and mandatory vaccination policies."

It also states she "suffered for the cause of freedom by spending 18 days unjustly jailed, and exemplifies courage, determination and perseverance."

The day after receiving the email, Lichemailed back to say she was"honoured" to accept. She didn't inquire about whether it would be OK, she testified under cross examination by Karimjee.

Asked whetherby accepting the award she was supporting something related to the convoy, Lich said, "I guess, yeah. I guess so.

"Idon't feel that this is a breach. Idon't feel that that's what the recognition is for. ... Ifeel that the recognition is for inspiring Canadians to hold the government to account to the rule of law and to upholdtheir Charter rights," shecontinued.

"I guess it is related, because of what happened," she added.

Crown asks judge to recuse himself

Just before a 15-minute late afternoon break, Phillips told court Karimjee's decorum surprised him, and asked Karimjee to "contemplate that."

When court reconvenedKarimjee said he was just "doing my job" and began to list some of his problems with the justice's remarks and rulings, including that Phillips had earlier refused to allow the email notifying Lich about her awardto be submitted to court.

Phillips interrupted. "I'm not interested in an argument," the justice told the Crown."Proceed with your cross examination."

"No, I'm not arguing with you" Karimjee began.

"I don't want to engage in this," Phillipsinterrupted again."Proceed with your cross examination. I don't want to hear from you. I want you to cross examine the witness. Proceed, please."

"Your honour, I frankly need to consider whether I need to bring a mistrial application given your honour's comments," Karimjee replied.

"I'm asking you to cross examine the witness, Mr. Karimjee," Phillips said.

"No your honour, it's more than that," Karimjee replied."... This is a significant case. ... When confronted with things that Ibelieve to be improper, I'm not going to remain silent."

"Have you got a question for the witness?" Phillips asked after a long pause.

"Iam asking your honour to recuse yourself," Karimjeereplied.

"That request is denied. Go ahead with your cross examination," Phillips said, andKarimjeepromptlycontinued questioning Lich.

Off to a rocky start fromthe get-go

Proceedings had gotten off to a rocky start hours earlier.

The Crown had beenexpected to argue that Lich shouldbe put back in jail for allegedly continuing to support the Freedom Convoy, andLich's defence team was expected to fight abail condition that she stay offsocial media entirely.

But instead the Crown asked the judge to rule on whethera Superior Court justice has the authority to respond to alleged errorsof law by otherSuperior Court justices.

Karimjee argued that Phillips coulddeal onlywith arguments about material changes in circumstances. Ruling on a fellow justice's errors of law could result in counsel seeking bail review after bail review until a justice gave them a favourable ruling, Karimjee told court.

After a 20-minute recess Phillips rejected the Crown's argument, opening up submissions to alleged errors of law as well as material changes in circumstance. By then it was "regrettably" 12:30 p.m.and hearing evidence had still not yet begun, Phillips told court.

Judge says it's not his job to determine Lich violated conditions

The Crown's first and only witness was Ottawa police Sgt. Mahad Hassan, the file co-ordinatorin the case. (Det. Chris Benson is the lead investigator, but was busytestifying in a homicide case, court heard.)

Hassan testified hebelieved the more expensive VIP tickets to the Toronto freedom award event would give those ticketholders"a chance to meet the VIPs that are featured on the pamphlets" in this case Lich and columnist Rex Murphy.

During cross examination by Greenspon, Hassan admitted there was no mentionthatLich would be in attendance.

While Karimjee was leading Hassan's evidence in chief, Phillips bristled at the idea that he might be asked to decide whether Lich violated her bail condition, instead of police.

"That's a task I'm unfamiliar with. I'm not usually a police officer of release conditions. ... Are you trying to put me in a position to find a breach here, to declare that she's broken the law?" Phillips asked.

Karimjee responded that he's entitled to lead evidence provingLich violated the terms of her release, citingthe Criminal Code.

Lich arrested in February

Lich was arrested Feb. 17 and originally charged with counselling to commit mischief, shortlybefore a major police operationcleared protesters and vehicles from Ottawastreets.

She was initially denied bail by Ontario Court Justice Julie Bourgeois, who told court she found Lich to be guarded and "almost obstructive" at times, and whowasn't convinced Lich would go home, stay homeand stop her alleged counselling.

Lich and her then lawyer Diane Magas appealed Bourgeois' decision, leading to her first bail review in the higher court inearly March.

Superior Court Justice John Johnston ruled in Lich's favour after the one-day proceeding, saying she had beena "valued employee" in Alberta and had lived a "crime free" life, and that the risk in Ottawa had been minimized after police cleared streets.

Lich was released after spending about 18days in custody at the Ottawa-Carleton Detention Centre. Otherbail conditionsincluded that sheleaveOttawa within 24 hours, refrainfrom using social media, and have no contact with certain co-organizers.

A surety for Lich who cannot be identified due to a court-ordered publication banput up a $20,000 cash bond, whileLich herself put upan additional $5,000 cash bond.

Lich's bail review continues Friday morning.