Freedom Convoy organizer Tamara Lich appeared in court on Wednesday seeking a bail review. Lich, who was denied bail last week, appeared in court wearing shackles around her feet, which made it difficult for her to move.
The Judge asked that those shackles be removed, according to David Akin. Lich was denied bail because, in part, judge Julie Bourgeois believed that there was a risk that she would continue criminal actions.
Lich has argued that the Judge who ruled against her receiving bail was a Liberal candidate in 2011 and holds bias against her therefore. Judge Bourgeois was a Liberal candidate for Glengarry-Prescott-Russell.
The Crown, however, said that the former Liberal candidate had given bail for Chris Barber, another organizer of the freedom convoy protests.
"There is a substantial risk you will continue these actions and will not abide by an order," the judge told Lich.
"Your recent history in our city … satisfies me that your detention is necessary for the safety and protection of the public."
The judge also said that Lich was being "guarded" and that her attitude was "almost to be obstructive."
Lich faces a charge of mischief, meaning she faces up to 10 years in prison.
"The accused is liable, upon conviction, a lengthy term of imprisonment," the judge said.
In her affidavit, Lich said that her Indigenous identity was not fully accounted for in her bail hearing, saying that she is a "card-carrying member of the Metis Nation of Alberta."
Lich's lawyers are arguing that bail hearings should consider the Gladue principles.
According to Legal Aid, the Gladue principles are "a way for the judge to consider the unique circumstances (experiences) of Indigenous peoples."
"These unique circumstances include the challenges of colonization you, your family, and community faced and resisted as Indigenous people, and continue to affect you today. These challenges include racism, loss of language, removal from land, Indian residential schools, and foster care. These challenges are called Gladue factors."
"... Gladue principles try to address these failures and make sure judges don’t repeat the same mistakes that add to discrimination.
"Judges must consider Gladue factors when they make decisions about you. Judges must consider options other than jail to help you address the challenges you face. For example, you might participate in a restorative justice program to help you work with those your crime affected and repair the harm done.
Canadian courts have applied Gladue principles during bail hearings, sentencing, appeals, extradition, and a variety of other occurrences.
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