Trial by social media: Court struggles under weight of 'Freedom Convoy' evidence

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OTTAWA — As thousands of demonstrators clogged the streets around Parliament Hill in early 2022, many of them had phones in hand, taking video of the different scenes around them for almost three weeks.

For some participants, the"Freedom Convoy" protests had a festival-like atmosphere. For those who weren't part of the fun, it felt more like an occupation.

They connect to large TV screens that are wheeled in and jerry-rigged to lawyers' laptops as they try to display Facebook posts and TikTok videos to make their case. Justice Heather Perkins-McVey had to request a larger monitor for the trial, which has so far featured more than 90 exhibits. "It isn't nicely, neatly organized for you to figure out what's important and what isn't, which takes quite a bit of time to go through," said Eric Granger, a lawyer representing Lich in the criminal trial, about social media evidence in general.

"Courts prefer to have witness evidence in the form of a live body sitting in the courtroom on the witness stand, describing things that they've seen," said Granger. "When it comes to understanding how a platform works, they may need to actually hear evidence about that from a witness," Dufraimont says.

 

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