Tuesday 22 November 2022

MARCO MENDICINO PUBLIC ORDER EMERGENCY COMMISSION INQUIRY Day 28 - November 22, 2022

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Day 28 - EMERGENCY ACT INQUIRY - LIVE COVERAGE

https://www.vidstorm.net  
 Live coverage on DAY 28 of the Public Inquiry into the invocation of the Emergencies Act. 
 
                        __________________________________________ 
 
Disclaimer: The information contained in this program is not professional medical, financial or legal advice. I do not align myself with any group, individual or entity of any kind. This is purely satire and entertainment for your amusement. 
 

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Buried within the comment section of a CBC article entitled "Explainer: Emergencies Act inquiry — what's been said, what happens next" I posted "At the conclusion of the hearing Leblanc claimed that he was gonna smoke a cigar with Mendicino should have been a telling thing to anyone paying attention"
 
 
 
 

Emergencies Act inquiry: Convoy lawyer's ejection and public safety minister's testimony

Journalists Tonda MacCharles (Toronto Star) and Joanna Smith (The Canadian Press) join CPAC's Michael Serapio to discuss a lawyer for the Freedom Convoy's removal from the Public Order Emergency Commission hearings and Public Safety Minister Marco Mendicino's testimony. (November 22, 2022)
 

 
 

Why was a lawyer asked to leave the hearing room at the Emergencies Act inquiry?

CTV News political correspondent Glen McGregor discusses why a lawyer was ejected from the hearing room in the Emergencies Act inquiry.
 

413 Comments

Methinks everybody knows why I love the circus that no doubt will cause a writ to be dropped during the Yuletide Season N'esy Pas?
 
 

 
 

Explainer: Emergencies Act inquiry — what's been said, what happens next

Prime Minister Justin Trudeau among final round of witnesses due to appear this week

You can watch the hearings of the Public Order Emergency Commission here. Here's a breakdown of why the inquiry is taking place, the key takeaways so far, and what will happen next.

What prompted the inquiry?

It all stems from the government's decision to invoke the Emergencies Act on Feb. 14.

The act, used for the first time in its 34-year existence, gave authorities new powers to freeze the finances of those connected to blockades and other protests, to ban travel to protest zones, prohibit people from bringing minors to unlawful assemblies and to commandeer tow trucks, in order to remove the many transport trucks and other vehicles that had clogged the capital's downtown streets since Jan. 29.

The Emergencies Act says it is only to be invoked when a national emergency "cannot be effectively dealt with under any other law of Canada." It also requires the government to hold an inquiry after its invocation. 

Police enforce an injunction against protesters camped near Parliament Hill on Feb. 18. The inquiry heard testimony that some police leaders did not believe the government needed to invoke the Emergencies Act. (Evan Mitsui/CBC)

Who is giving evidence?

This week, several government ministers — including Emergency Preparedness Minister Bill Blair, Public Safety Minister Marco Mendicino, Defence Minister Anita Anand and Deputy Prime Minister Chrystia Freeland — are scheduled to appear as witnesses. 

Prime Minister Justin Trudeau will be the last to give evidence, per this week's witness list. Several of his staff are also due to appear.

Earlier this month, convoy organizers Chris Barber, Tamara Lich and Pat King testified, alongside other protest leaders and participants.

Public Safety Minister Marco Mendicino testifies on Tuesday. (Adrian Wyld/The Canadian Press)

Other witnesses have included City of Ottawa officials and leaders of the three police forces involved — RCMP Commissioner Brenda Lucki, Ontario Provincial Police (OPP) Commissioner Thomas Carrique and former Ottawa Police Service (OPS) chief Peter Sloly.

CSIS Director David Vigneault and other security and intelligence leaders gave evidence behind closed doors.

What are the major revelations so far?

Differing views on need to invoke powers

The inquiry heard conflicting views from police and intelligence agency leaders about whether the Emergencies Act powers were needed. 

The night before it was invoked, Lucki, the RCMP chief, told Mendicino she felt police had not yet exhausted "all available tools," according to an email seen by the inquiry. A former senior OPP officer told the inquiry he did not believe the emergency powers were needed.

But Vigneault, the CSIS chief, supported invoking the Emergencies Act because "the regular tools were just not enough to address the situation." He had previously said he didn't believe the convoy constituted a "threat to national security," based on the definition in CSIS's legal mandate. In a February intelligence assessment, CSIS warned that invoking the act would "galvanize" protesters and radicalize some toward violence, according to documents seen by the inquiry.

Trudeau's national security intelligence adviser, Jody Thomas, said she believed the convoy participants posed a "threat to democracy."

Concerns over border blockade

Mendicino told the inquiry that Lucki — separate from their email exchange that same day about the situation in Ottawa — warned him directly on Feb. 13 about an "urgent" risk of serious violence from protesters at a border blockade in Coutts, Alta., and the conversation led him to believe she supported invoking the Emergencies Act. 

Around dawn the following morning, the RCMP arrested more than a dozen Coutts protesters and seized a cache of weapons, body armour and ammunition — hours before the Emergencies Act was invoked.

Protesters leave Coutts, Alta., on Feb. 15 after blocking a highway to the U.S. border crossing for more than two weeks. (Jeff McIntosh/The Canadian Press)

Ottawa police plan inadequate

Sloly, the Ottawa police chief who resigned the day after the act was invoked,.conceded that his police force's planning — which was based on the assumption that the protesters would only stay in Ottawa for one week — was wrong. But he maintained that the intelligence he received did not suggest that protesters would dig in and remain.

In text messages released at the inquiry, Lucki told Carrique she was already losing confidence in Sloly and his police force, just one week into the protesters' three-week occupation of downtown Ottawa.

Shortly after Sloly's resignation, the RCMP and OPP took over the response to the convoy.

Interim Ottawa Police Services Chief Steve Bell, left, and former Ottawa mayor Jim Watson, seen here on April 28, both gave evidence to the inquiry. Bell replaced Peter Sloly, who resigned one day after the Emergencies Act was invoked. (Adrian Wyld/The Canadian Press)

Ontario premier accused of hiding

Trudeau and Ottawa Mayor Jim Watson were frustrated by Ontario Premier Doug Ford's refusal to participate in a meeting to discuss the situation in Ottawa, and believed Ford was avoiding the issue for political reasons

Ford and Deputy Premier Sylvia Jones successfully challenged their summonses to appear at the inquiry. 

Leaks from police to convoy

The inquiry also heard an allegation from a lawyer representing convoy organizers that police and security agencies leaked operational information to the protesters. Lucki said police were reviewing that claim.

What happens next?

The commission will complete its "factual phase" of witness evidence this week; speaking to those involved in the decision to invoke the act. 

Next week, it will hold a series of panel discussions — also to be heard publicly — featuring academics and other experts on a range of topics which are yet to be announced.

In the meantime, these related policy papers on the commission's site offer some idea of what might be discussed, with topics ranging from the Emergencies Act itself to policing powers, social media and cryptocurrency, which was used to funnel donations to the protesters.

The commission's final report, with findings and recommendations, must be tabled in the House of Commons and Senate by Feb. 20.

Commissioner Paul Rouleau listens to counsel question a witness at the Public Order Emergency Commission on Nov. 4. (Adrian Wyld/The Canadian Press)

 

ABOUT THE AUTHOR

Laura McQuillan is an online journalist with CBC News in Toronto. She covers general news, social issues and science and has a special interest in finding unexpected answers to unusual questions. Laura previously reported from New Zealand and Brazil.

With files from Catharine Tunney, Darren Major and John Paul Tasker

CBC's Journalistic Standards and Practices



Comments

 
David Amos
At the conclusion of the hearing Leblanc claimed that he was gonna smoke a cigar with Mendicino should have been a telling thing to anyone paying attention
 
 

 
 
 

Mendicino says Lucki warned him of 'urgent' threat of violence in Alberta before Emergencies Act was invoked

Public Safety Minister Marco Mendicino called the conversation a 'threshold moment for me'

"This was a threshold moment for me. There is no doubt about it," Mendicino told the Public Order Emergency Commission Tuesday.

The minister said he spoke with Commissioner Brenda Lucki on Feb. 13. During that conversation, he said, Lucki updated him on plans to execute a police operation at the blockade near Coutts, Alta.

"She did call me and only me," Mendicino testified on Tuesday.

"She underlined, for me, that the situation in Coutts involved a hardened cell of individuals armed to the teeth with lethal firearms, who possessed a willingness to go down with the cause."

Court records show the RCMP had undercover officers embedded with the protesters.

"Lives literally hung in the balance," said Mendicino.  "For me, this represented far and away the most serious and urgent moment in the blockade to this point in time."

WATCH: Lucki warned Mendicino that Alberta border blockade could turn violent: 

RCMP had information suggesting convoy protests could turn violent

Duration 2:58
The public safety minister says the head of the RCMP warned him of an urgent threat of violence at the anti-vaccine mandate protests in Coutts, Alta., the day before the Emergencies Act was invoked.

Mendicino was questioned about a Feb. 13 email Lucki sent to his chief of staff Mike Jones, previously entered into evidence. 

In it, she wrote that police had not yet exhausted all available tools. The email chain shows Jones forwarded the message to Mendicino.

The ministers said Lucki was expressing a different view in his conversations with her.

"It also spoke volumes to me about the commissioner's state of mind, which was that we were potentially seeing an escalation of serious violence with the situation in Coutts," he said.

Mendicino said he told Lucki he couldn't keep the information about the potential for loss of life in Coutts to himself. He said he shared it with Prime Minister Justin Trudeau and Katie Telford, his chief of staff — but not with the cabinet table, due to the information's operational sensitivity. 

"I was extremely concerned that this had reached a new height of both urgency and emergency," he said.

The blockade and protest at the Coutts border ended after a Feb. 14 pre-dawn operation that executed warrants on trailers and property. That operation resulted in RCMP seizing more than a dozen firearms, as well as ammunition and body armour.

Later that day in Ottawa, Trudeau announced that the government would be taking the unprecedented step of triggering emergency powers.

Fourteen people have been charged criminally out of Coutts. Four men have been accused of conspiracy to murder RCMP officers.

Mendicino was 'amped' about OPS response: memo

Mendicino also was paying close attention to the actions of law enforcement in Ottawa, texts entered into evidence Tuesday showed.

In a Feb. 6 exchange, Mendicino's chief of staff Jones and the prime minister's deputy chief Brian Clow discussed how hundreds of vehicles were parked on Wellington Street, in front of Parliament Hill, and other downtown streets.

     A collection of weapons the RCMP said it seized from its investigation in Coutts, Alta. (RCMP)

"So, my boss is pretty amped. He's concerned that [Ottawa Police Service] have lost jurisdiction as there's no control at all over what's happening on Wellington," wrote Jones. "Also concerned about PM safety if he is returning to this this week."

Jones wrote that Mendicino "wants to go out and say that OPS needs to get control over the situation and if they need more from OPP they should make that clear but they should get working on removals within the next 24 hours."

"And if they aren't going to do it then we may need to look at other measures."

Mendicino told the inquiry Tuesday that, at the time, the government was considering additional measures for local police, including RCMP resources.

"How do we get more boots on the ground to help Ottawa police?" he said. "When police tried to enforce the law, they were overwhelmed."

Texts a point to 'frosty' call between Mendicino and Sylvia Jones

The commission also got a glimpse of a testy call between Mendicino and former Ontario solicitor general Sylvia Jones about how to handle last winter's convoy protests.

In the Feb. 11 exchange, Mendicino's chief of staff and Samantha Khalil, director of issues management at the Prime Minister's Office, discussed wanting Jones at the table during trilateral meetings. 

"Can have my boss reach out again [to Sylvia Jones] but last call got pretty frosty at the end when [Mendicino] was saying we need the province to get back to us with their plan. 'I don't take edicts from you, you're not my f--king boss," Mike Jones wrote, referring to Sylvia Jones's response.

Sylvia Jones was the Ontario solicitor general during last winter's protest. (Christopher Katsarov/The Canadian Press)

Mendicino said a phone conversation he had with Jones did result in "colourful vernacular."

"The real thrust of the call was to engage Minister Jones to understand exactly where her thinking and the government of Ontario's thinking was in responding to the request of the Ottawa Police Service to get additional resources," Mendicino testified Tuesday.

"It was an important engagement, it was obviously a very stressful time. I think we could all be forgiven for some rather blunt language."

Mendicino said he and Jones have a supportive rapport. 

Tensions between Ontario, federal government 

It's not the first time the commission has heard of friction between the Ontario and federal governments earlier this year over how to address the protests in Ottawa and the blockade at the Ambassador Bridge in Windsor.

The inquiry heard that during a Feb. 8 private call with then-Ottawa mayor Jim Watson, Trudeau accused Ontario Premier Doug Ford of hiding from his responsibilities during the Freedom Convoy protests.

WATCH | 'They were overwhelmed:' Mendicino on police during self-described 'Freedom Convoy': 

'They were overwhelmed:' Mendicino on police during self-described 'Freedom Convoy'

Duration 0:20
Public Safety Minister Marco Mendicino says law enforcement officers were overwhelmed by the protests that took place in Ottawa last winter.

"Doug Ford has been hiding from his responsibility on it for political reasons, as you highlighted," Trudeau said, according to a readout of the call, which is not an exact transcript of the conversation. "Important we don't let them get away from that."

A few weeks later, the commission heard from a senior Ontario government bureaucrat who alleged the federal government was trying to force the province to take the lead on ending the blockades.

Mario Di Tommaso, Ontario's deputy solicitor general, told the inquiry about a meeting where Trudeau's national security and intelligence adviser Jody Thomas asked whether the provincial government would take a more active role in the Ottawa protests if they were happening in Kingston, Ont.

"This question was all about, from my perception, the federal government wanting to wash its hands of this entire thing," Di Tommaso said.

Ford has said he supported the federal government's decision to invoke the Emergencies Act. 

A Federal Court judge ruled that Ford and Jones, who is deputy premier, do not have to testify at the Emergencies Act inquiry because of immunity provided to them by parliamentary privilege.

LeBlanc alleges Kenney felt they had 'screwed the pooch'

Intergovernmental Affairs Minister Dominic LeBlanc testified Tuesday night about his conversations with premiers during the protest and regarding the invocation of the Emergencies Act.

In an interview he gave the commission in September, he said Ontario Premier Doug Ford and his government were less engaged on the file in the early days of the protest.

But according to a summary of that interview, LeBlanc "felt they became more engaged publicly and more engaged with the federal counterparts once the Ambassador Bridge was blocked, because of the economic damage that was being sustained in Southwestern Ontario."

LeBlanc also said Alberta Premier Jason Kenney was frustrated with the federal government's response and was seeking heavy military tow trucks to help clear Coutts.

In a text message to Mendicino and Transport Minister Omar Alghabra, entered into evidence Tuesday, LeBlanc passed on a message he received from Kenney.

Infrastructure and Communities Minister and Intergovernmental Affairs Minister Dominic LeBlanc testitifes at the Public Order Emergency Commission, in Ottawa, Tuesday, Nov. 22, 2022. (Adrian Wyld/The Canadian Press)

LeBlanc wrote that Kenney told him "your guy has really screwed the pooch." He said the premier complained about his inability to source "heavy equipment from private vendors to move these freaking trucks off the border because these crazies are making death threats."

"Speaking of bonkers," Alghabra responded in the ministers' group chat.

"Totally," responded LeBlanc.

LeBlanc was asked about a meeting with the premiers he addressed on the morning of Feb. 14, during which the government announced its intention to invoke the Emergencies Act.

The Emergencies Act requires that the federal government consult with premiers before triggering its emergency policing powers.

Lawyers for Alberta and Saskatchewan have questioned the quality of those consultations before the commission.

Counsel for the province of Saskatchewan argued during opening submissions before the Public Order Emergency Commission that the federal government had decided to invoke the act already before the call on Feb. 14.

"The call was not so much about consulting as it was about telling," said lawyer Michael Morris.

LeBlanc told the commission that the prime minister was clear on the call that the government had not yet made a decision. 

"Minister LeBlanc said he believed this to be true, given that no decision had been announced at the end of the full cabinet meeting the night before," his summary said.

"He explained that cabinet never votes; rather, the prime minister determines whether or not there is a consensus, decides what direction should be taken, and announces this to cabinet."

Lawyer ejected from hearing

Tuesday's hearing saw tensions boiling over, with Commissioner Paul Rouleau temporarily ejecting a lawyer representing some of the protest organizers.

Brendan Miller, lawyer for Freedom Corp., asked for Mendicino's director of communications Alexander Cohen, who was in the hearing room, to be called as a witness.

Rouleau replied that the commission had to stick to its schedule.

              Freedom Corp. counsel Brendan Miller smokes a cigarette as “Freedom Convoy” protest organizer Tamara Lich looks on outside the Public Order Emergency Commission, in Ottawa, Tuesday, Nov. 22, 2022. (Adrian Wyld/The Canadian Press)

"Sir, the schedule's not as important as getting at the truth," Miller shot back.

"There's no question we want to get at the truth, but you know what, it's a very complex issue and it's not all about what you want," Rouleau said.

Miller told reporters outside of the Library and Archives building in Ottawa, where the hearings are being held, that he's made several applications to call other witnesses and to ask that documents provided by the federal government be unredacted.

"I'm trying to do my job," he said.

Miller later apologized for speaking over Rouleau and resumed cross examination.

ABOUT THE AUTHOR

Catharine Tunney is a reporter with CBC's Parliament Hill bureau, where she covers national security and the RCMP. She worked previously for CBC in Nova Scotia. You can reach her at catharine.tunney@cbc.ca

 
 
 
 

Emergencies Act inquiry commissioner rejects convoy lawyer's pitch to call witnesses on Nazi flag at protest

Commissioner Rouleau said convoy lawyer allegations have 'little foundation in evidence'

The Public Order Emergency Commission (POEC) released the decision Wednesday. In it, Commissioner Paul Rouleau said Freedom Corp. lawyer Brendan Miller had raised "serious allegations ... with little foundation in evidence."

Miller sought to have four additional witnesses testify at the commission hearings, including Brian Fox, a partner at the political consulting firm Enterprise Canada.

Miller alleged at the commission Monday — without citing evidence — that Fox had brought a Nazi flag to the convoy protests in Ottawa earlier this year to discredit the protesters.

Miller also alleged — again without evidence — that Fox carried the flag at the direction of government officials.

"In essence, Freedom Corp. alleges that, before the convoy arrived in Ottawa, certain members of the 'political executive' and their staff decided to paint the protesters as racists and extremists," Rouleau said in the decision.

"Freedom Corp. continues that, once the protests in Ottawa began, the political executive and their staff furthered this labelling by pointing to photographs of Nazi and Confederate flags that had been circulating online."

Miller also applied to call others before the commission to testify: David Chan, a freelance photographer who took pictures at the protest, Shawn Folkes — a man who says he spoke with Fox at the protest — and representatives of Enterprise Canada.

In his decision dismissing the application, Rouleau said Miller did not have sufficient evidence for his allegations.

"Given the seriousness of the allegations, the commission would likely have to receive evidence from Enterprise Canada and those individuals targeted by Freedom Corp.'s allegations," Rouleau said in the decision. 

"This would constitute a very significant distraction from the commission's core mandate. In light of the absence of any other factual support, it is not a prudent use of the commission's remaining time to pursue Freedom Corp.'s theory."

The commission is tasked with examining the government's decision to invoke the federal Emergencies Act. The government invoked the act to bring anti-vaccine mandate protests to an end — including a massive protest which occupied downtown Ottawa for weeks last winter.

A lawyer in a suit gestures with a finger as he speaks, surrounded by reporters, outside a building. Lawyer Brendan Miller speaks to the media after being kicked out of the Public Order Emergency Commission in Ottawa on Nov. 22, 2022. Miller made several allegations, without evidence, that racist flags seen at the self-styled Freedom Convoy protest in Ottawa were not brandished by legitimate protesters. (Blair Gable/Reuters)

"As troublesome as Freedom Corp.'s allegations might be, even if they had been supported by compelling evidence the fact is that they would have little, if any, relevance to the key issues that the Commission must determine," Rouleau said.

Miller also wanted the Ottawa Police Service and the Ontario Provincial Police to provide evidence to the inquiry about a truck that was seen displaying the Confederate flag at the protest. Rouleau also dismissed that application.

"The basis for seeking this information is purely speculative ... Having carefully reviewed the  information provided by Freedom Corp., I conclude that this is, in essence, a fishing expedition," Rouleau said in his decision.

Jason Lietaer, president of Enterprise Canada, told CBC's Power & Politics Tuesday that Fox was in Toronto at the time of the protest and that Fox had been receiving death threats since Miller made his allegation.

This is the last week the commission will hear from witnesses. The commission is expected to deliver a final report to Parliament by February 20, 2023.

ABOUT THE AUTHOR


Richard Raycraft

Web writer and producer

Richard is a web writer with CBC News and an associate producer with CBC Radio. He's worked at CBC in London, Ont., Toronto, Windsor, Kitchener-Waterloo and Ottawa.

CBC's Journalistic Standards and Practices
 
 

Comments

 
David Amos
Methinks the Fat Lady ain't sung about this matter yet N'esy Pas? 



 

Enterprise Canada pushes back against Nazi flag claim made by convoy lawyer

Communications firm says employee receiving death threats following lawyer's accusations

The strategic communications firm Enterprise Canada is pushing back against what it says are "irresponsible and reckless" statements made by Brendan Miller — a lawyer representing convoy protest organizers at the Emergencies Act inquiry — about one of the firm's employees.

On Monday, Miller suggested — citing no evidence — that Brian Fox, a partner at Enterprise, carried a Nazi flag in the thick of the protest crowd in Ottawa last winter so that photos would be taken and the protesters would be discredited.

Enterprise President Jason Lietaer told CBC News Network's Power & Politics that Fox is getting death threats due to Miller's "unhinged allegation."

"It's absolutely ridiculous," Lietaer told guest host David Cochrane. "It's having real impacts, I mean the threats ... it's got to stop."

WATCH | Enterprise Canada says convoy lawyer's allegations are 'highly defamatory'

Enterprise Canada says convoy lawyer's allegations are 'highly defamatory'

Duration 7:24
Jason Lietaer, president at Enterprise Canada, said lawyer Brendan Miller's comments are "false, they're defamatory and they've got to stop."

In a letter addressed to Miller Tuesday, Enterprise's counsel Jeff Galway said Fox was not in Ottawa during the protests earlier this year, and that he recalled last visiting the city in 2019.

The letter also notes that Fox is a longstanding member of the Conservative Party. Miller's line of questioning at the inquiry attempted to tie Enterprise to the Liberal Party.

Galway then demands Miller cease and desist and correct the record.

"A formal libel notice is forthcoming," the letter reads. 

On Tuesday, Miller doubled down, saying he isn't worried about any legal action Enterprise might take.

"Guess what? Truth is a full defence," Miller told reporters. Miller claimed that he has a witness who can identify Fox as the man with the Nazi flag.

But Lietaer said the firm has proof — in the form of receipts and eyewitnesses — that Fox was in Toronto during the protests.

"You can't fall for this kind of a hoax. It is patently false and we've got to fight back on this kind of stuff," Lieater said.

Miller temporarily kicked out of inquiry

On Monday, Commissioner Paul Rouleau chided Miller for suggesting that CSIS Director David Vigneault knew Fox was the man with the Nazi flag. Rouleau said the comment was "not a fair statement."

Following another tense exchange Tuesday morning, Rouleau had Miller ejected from the hearing room.

The Public Order Emergency Commission was hearing testimony Tuesday from Public Safety Minister Marco Mendicino. As Rouleau was about to announce the usual mid-morning break, Miller interrupted to say he'd been speaking with Alexander Cohen, Mendicino's director of communications, who Miller said was in the hearing room.

"He has very relevant evidence with respect to the inquiry, as to the circumstances, as to the invocation of the Emergencies Act," Miller said.

Miller claimed Cohen has unheard evidence regarding "misinformation" about a text message exchange that was key "in building the narrative with respect to the protesters in Ottawa being extremists," including some having "Nazi symbolism."

Commissioner Paul Rouleau speaks with Freedom Corp. counsel Brendan Miller before asking security to remove the lawyer on Tuesday. (Adrian Wyld/The Canadian Press)

Rouleau calls security

Miller then asked Rouleau to allow Cohen, who is not on the commission's list of witnesses, to testify after Mendicino.

"I'm not going to do this orally right now," Rouleau replied

"Well sir, we're given 15 minutes to cross-examine, to elicit relative material evidence, and we have relevant and material witnesses here. The Government of Canada has redacted without lawful authority all of these statements from these staffers, and has suppressed records," a visibly frustrated Miller argued.

Rouleau replied that the commission had a schedule to stick to, and asked Miller to come to an agreement with commission counsel during the break

"Sir, the schedule's not as important as getting at the truth," Miller shot back.

"There's no question we want to get at the truth, but you know what, it's a very complex issue and it's not all about what you want," Rouleau said.

After the break, Rouleau advised Miller that any application to add a witness must be done in writing. The two had a brief exchange before Rouleau called for another pause.

"I will return in five minutes, if security could deal with counsel," he said.

Redacted documents

Miller then left the hearing room. Outside, he stopped to speak with reporters, where he again complained about some of the redacted documents presented as evidence before the commission.

"They have redacted these docs claiming they are irrelevant, or they are in fact subject to a cabinet confidence, despite the fact that the law is abundantly clear and undeniably clear that cabinet confidence does not apply to political staffers," he said.

"The Government of Canada has continuously, and every day, dropped hundreds of docs on the parties, and the parties are frustrated. It is not just myself. They have tried to turn this entire proceeding into an inquiry about the failures of [former Ottawa police] chief Sloly as opposed to actually about the invocation of the Emergencies Act."

Miller then walked away with convoy organizer Tamara Lich.

When hearings resumed, Rouleau told lawyer Keith Wilson, who also appeared as a witness before the commission, that counsel for the convoy organizers would have a chance to cross-examine Mendicino after the lunch break.

Miller was later allowed to return to the hearing room, and just before 4 p.m. began cross-examining Mendicino. Before he began, he offered Rouleau a brief apology.

"Just before I start, I apologize for talking over you earlier today," Miller said.

ABOUT THE AUTHOR


Darren Major

CBC Journalist

Darren Major is a senior writer for CBC's Parliamentary Bureau. He can be reached via email darren.major@cbc.ca or by tweeting him @DMajJourno.

 
 

Convoy lawyer kicked out following tense exchange at Emergencies Act inquiry

Brendan Miller clashes with commissioner over request to add witness

The lawyer representing convoy organizers before the Emergencies Act inquiry in Ottawa was ejected from the hearing room late Tuesday morning following a tense exchange with commissioner Paul Rouleau.

The Public Order Emergency Commission is hearing testimony Tuesday from Public Safety Minister Marco Mendicino. As Rouleau was about to announce the usual mid-morning break, Brendan Miller, lawyer for Freedom Corp., interrupted to say he'd been speaking with Alexander Cohen, Mendicino's director of communications, who Miller said was in the hearing room.

"He has very relevant evidence with respect to the inquiry, as to the circumstances, as to the invocation of the Emergencies Act," Miller said.

Miller claimed Cohen has unheard evidence regarding "misinformation" about a text message exchange that was key "in building the narrative with respect to the protesters in Ottawa being extremists," including some having "Nazi symbolism."

Commissioner Paul Rouleau speaks with Freedom Corp. counsel Brendan Miller before asking security to remove the lawyer on Tuesday. (Adrian Wyld/The Canadian Press)

Rouleau calls security

Miller then asked Rouleau to allow Cohen, who is not on the commission's list of witnesses, to testify after Mendicino.

"I'm not going to do this orally right now," Rouleau replied

"Well sir, we're given 15 minutes to cross-examine, to elicit relative material evidence, and we have relevant and material witnesses here. The Government of Canada has redacted without lawful authority all of these statements from these staffers, and has suppressed records," a visibly frustrated Miller argued.

Rouleau replied that the commission had a schedule to stick to, and asked Miller to come to an agreement with commission counsel during the break

"Sir, the schedule's not as important as getting at the truth," Miller shot back.

"There's no question we want to get at the truth, but you know what, it's a very complex issue and it's not all about what you want," Rouleau said.

After the break, Rouleau advised Miller that any application to add a witness must be done in writing. The two had a brief exchange before Rouleau called for another pause.

"I will return in five minutes, if security could deal with counsel," he said.

Redacted documents

Miller then left the hearing room. Outside, he stopped to speak with reporters, where he again complained about some of the redacted documents presented as evidence before the commission.

"They have redacted these docs claiming they are irrelevant, or they are in fact subject to a cabinet confidence, despite the fact that the law is abundantly clear and undeniably clear that cabinet confidence does not apply to political staffers," he said.

"The Government of Canada has continuously, and every day, dropped hundreds of docs on the parties, and the parties are frustrated. It is not just myself. They have tried to turn this entire proceeding into an inquiry about the failures of [former Ottawa police] chief Sloly as opposed to actually about the invocation of the Emergencies Act."

Miller then exited the building with convoy organizer Tamara Lich.

When hearings resumed, Rouleau told lawyer Keith Wilson, who also appeared as a witness before the commission, that counsel for the convoy organizers would have a chance to cross-examine Mendicino after the lunch break.

ABOUT THE AUTHOR


Alistair Steele

Writer and editor

After spending more than a decade covering Ottawa city hall for CBC, Alistair Steele is now a feature writer and digital copy editor at cbc.ca/ottawa.

CBC's Journalistic Standards and Practices
 
 
 
 

Convoy Lawyer Gets Heated With Commissioner

 
 
 
 

Convoy Lawyer Gets Kicked Out Of Inquiry

 
 
 
 
 

Convoy organizers’ lawyer speaks to media after removal from Emergencies Act inquiry – Nov. 22, 2022

Brendan Miller, a lawyer representing a group of Freedom Convoy organizers at the Public Order Emergency Commission, speaks with reporters in Ottawa after being ordered to leave the inquiry’s public hearing by Commissioner Paul Rouleau. The commissioner’s order came following a dispute over Miller’s request to hear testimony from an additional witness. (November 22, 2022)
 
 
 
 

LIVE MARCO MENDICINO PUBLIC ORDER EMERGENCY COMISSION INQUIRY Day 28 - November 22, 2022

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February 14, 2022 Declaration of Public Order Emergency: Explanation pursuant to subsection 58(1) of the Emergencies Act https://www.publicsafety.gc.ca/cnt/tr...

 

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