Latest news with #Perkins-McVey
Epoch Times
26-05-2025
- Politics
- Epoch Times
Trial for Freedom Convoy Organizer Continues as Defence Argues for Stay of Proceedings
OTTAWA—The lawyer for Freedom Convoy organizer Chris Barber is continuing to argue in court for a stay of proceedings on the basis of an 'officially induced error of law,' claiming that he was given erroneous legal advice on the legality of the trucker protest. Barber and Tamara Lich were already found guilty of mischief, while Barber was also found guilty of counselling others to disobey a court order, for their role in the 2022 trucker protest against COVID-19 vaccine mandates and other pandemic restrictions. Justice Heather Perkins-McVey ruled on April 3 that the pair were not guilty of the other charges of intimidation, obstructing police, and counselling others to do the same. Both were also found guilty of counselling others to commit mischief, but that finding was stayed at the request of Crown lawyers. Crown prosecutors are seeking two years of prison time for Lich and Barber, as well as to auction off Barber's iconic truck 'Big Red,' which he used to travel from Saskatchewan to Ottawa and parked in the downtown core for three weeks. The sentencing for the two organizers has not happened yet. In the meantime, Barber's lawyers are requesting that the proceedings be stayed because he sought legal advice from his previous lawyers, police officers, and a Superior Court judge on the legality of the protest. A stay of proceedings would lead to Barber's case being put on hold, and he would likely not face any charges. Defence lawyer Diane Magas has said that the Ottawa Police Service was aware of the protest ahead of its arrival and directed Barber where to park his truck. At two injunction hearings around silencing the honking of truck horns, Barber was also told by his lawyer at the time that he could continue protesting as long as it was done peacefully and safely, and that he could honk his horn in situations of emergency, and that breaching this injunction against honking would not be a criminal offence. Related Stories 10/28/2023 4/3/2025 Barber was charged with counselling others to disobey a court order for a Feb. 7, 2022, TikTok video where he encouraged protesters to honk their vehicle horns if they saw police arriving. This violated the court injunction that had come into force the same day, Perkins-McVey ruled. Arguments Over Officially Induced Error of Law On May 23, defence lawyer Magas said Ottawa Police Service officers suggested that Barber could remain at the protest. She said that since Barber coordinated with the police to move trucks out of the downtown core on Feb. 14, 'from that conduct and words, he was induced into believing that what he was doing was lawful.' Magas also said Barber had asked his lawyer at the time to seek guidance from the lawyer imposing the injunction about whether they could continue protesting. She added that during this injunction hearing, the justice also said it was a civil process and not a criminal one. Justice Perkins-McVey pushed back and said Barber had not specifically asked the police officers whether what he was doing was legal, and said the injunction hearing was only ruling on the issue of horn honking. Crown attorney Siobhain Wetscher said that while Barber had received 'bad legal representation' from his lawyer, that was not an error on the part of an agent of the state. She said that in order for an 'officially induced error of law' to apply, the erroneous legal advice needed to come from a government official responsible for administering the law. Wetscher also said that Barber had confirmed during cross-examination on May 22 that nobody from the office of the mayor of Ottawa told him that the Freedom Convoy was lawful, peaceful, or safe. Justice Perkins-McVey said if Barber or the other Freedom Convoy organizers had sought specific advice on where they were or were not acting unlawfully, then 'we wouldn't be here.' Crown attorney Wetscher also said that while Barber was told by a police officer that parts of the demonstration were unlawful, but was told by his lawyer that it was not illegal, 'there were no steps taken by [Barber] to get clarity on those two very divergent positions.'
CBC
19-02-2025
- CBC
Armed woman shot by police gets 5-year sentence
A woman who ran down a residential street in Ottawa with a loaded handgun after ditching a car last year — and who was later shot by a police officer — has been sentenced to five years in prison. Morgan Rachel Laplante was sentenced Tuesday in Ottawa. She has more than three-and-a-half years left to serve after being given credit for the time already spent in custody. She was ordered to submit a DNA sample for a national databank, she's banned from possessing weapons for life and she isn't allowed to drive for two years after she gets out of prison. Laplante had pleaded guilty in autumn to one count each of possession of drugs for the purpose of trafficking, possession of a loaded and restricted firearm, breaching a weapons prohibition and dangerous driving. Fled attempted traffic stop On Tuesday, Justice Heather Perkins-McVey told court that in the early afternoon of March 22, 2024, police responded to a call about a silver Audi in the Carlington neighbourhood. Officers in a police SUV later pulled up behind the Audi, which was being driven by Laplante on Carling Avenue, and activated their emergency lights. Laplante turned onto a dead-end street and drove over the curb and rocks at the end of the road, causing significant damage to the car. Laplante continued driving to the intersection of Tweedsmuir and Avondale avenues in Westboro, where she ditched the Audi. She then fled on foot with the gun. Ottawa police Const. Patrick Wiseman stopped his vehicle and chased her on foot with his gun drawn, shouting at her to drop her gun and that he didn't want to shoot her. When Laplante turned in his direction, he fired four shots out of concern for his safety, Perkins-McVey said. Two of the bullets struck Laplante; one in her upper left shoulder and the other in her stomach. Another bullet ricocheted and struck a window in the door of a nearby home, while the fourth bullet was found on a driveway. Laplante dropped her gun when she was shot, Perkins-McVey said, and was taken to hospital in critical condition. Along with the handgun, Laplante had fled with a Louis Vuitton handbag and a small purse belonging to someone else, as well as cocaine, crack cocaine, baggies, a balaclava, a scale and a butterfly knife. Crown wanted 7 years, defence wanted 3.5 max Assistant Crown attorney Matthew Humphreys had earlier argued for seven years imprisonment, while defence lawyer Joe Addelman argued for three to three-and-a-half years. Perkins-McVey told court Tuesday that Laplante's guilty plea was a "significant" mitigating factor, sparing the court substantial costs and the community and officer from being retraumatized by a trial. She added that Laplante's criminal record, including assaults and obstructing police, as well as her attempt to flee police and her "flagrant disregard" of a previous court order banning Laplante from possessing weapons, were aggravating. Laplante said she had to undergo several surgeries after she was shot by Wiseman and that her wounds became infected in jail. Perkins-McVey didn't consider Laplante's injuries mitigating factors, because they were sustained in the commission of a crime involving a firearm she knew she wasn't allowed to possess. Ontario's police watchdog, the Special Investigations Unit, conducted an investigation into the police shooting of Laplante. In July it released its report that cleared police of any wrongdoing.
