Doug Ford sends his Justice Department after Rebel News
Episode Stats
Words per Minute
167.94836
Summary
Ontario Premier Doug Ford wants Rebel News to take down a photo of an OPP officer in uniform. Rebel News has been using the photo for nearly a year, and it's been used millions of times, and then out of the blue, the government wants it taken down.
Transcript
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I want my friends special podcast today. I was threatened by Doug Ford's Justice Department.
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They sent me a crazy two-page letter. So I phoned the Justice Department lawyers
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who wrote the letter. I recorded the call because I'm not dumb. I'll play that for you.
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It might be a little hard to hear so I'd invite you to watch the subtitled version
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which is on our show which you can get just by subscribing.
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Go to rebelnews.com and click subscribe. It's eight bucks a month which isn't bad.
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And you get the video version of these shows. Plus you get shows every week from
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Sheila Gunn-Reed, David Manzies and new from Andrew Chapados.
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It's January 25th and this is the Ezra LeVant Show.
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Why should others go to jail when you're a biggest carbon consumer I know?
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There's 8,500 customers here and you won't give them an answer.
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The only thing I have to say to the government about why I publish it
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You know our Fight the Fines project, we provide a lawyer for people who get charged
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under these abusive, unconstitutional lockdown laws.
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We send a journalist to tell the story of the fine.
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We then send a lawyer to fight for the person who got fined
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and we've actually taken several hundred such cases
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here in Canada but also in Australia and the United Kingdom
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and we're about to launch a major expansion of this project.
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Just type in fightthefines.com and you'll see it.
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The same image we've been using since last April, almost a year now.
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You're probably wondering what my point is, right?
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It's just a generic stock photo of a police vest.
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A few days ago, I received an email from Doug Ford's Justice Department, though,
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threatening me to take down that photo immediately
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and if I don't, they would sue me in about four different ways.
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So, we've been using it for almost a year, literally millions of views
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from the Justice Department of Ontario, Doug Ford's lawyers.
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Here's the email subject line that accompanied this letter to me.
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Ministry of the Attorney General, Civil Law Division, Legal Services Branch, Treasury Board Secretariat.
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let me show you what they said in the actual letter that was attached.
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Re-unauthorized use of photograph depicting Ontario Provincial Police Officer.
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I am counsel with the Ministry of the Attorney General,
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representing the Ontario Provincial Police, OPP,
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This letter is with regards to a photograph that Rebel News published in multiple locations on its website,
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ostensibly in support of a campaign entitled Fight the Fines Canada,
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Right, that's the photo I was showing you, right?
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Those are the two websites that they mentioned in their letter.
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Now, let me go on to tell you what they say about those photos.
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They say the photograph is also used in various other locations on Rebelnews' website
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as part of advertisements to raise funds from readers
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in furtherance of a stated goal to hire a team of lawyers
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to defend every single Canadian who gets a lockdown ticket.
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The photograph in question is of an OPP officer in their service uniform.
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Presently, the origin of the photograph is unclear.
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However, it is being used by Rebelnews without the express authorization
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I mean, there's the photo they're talking about.
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I see a torso of an officer with the photo cropped so as not to show his face.
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So, did the police officer whose torso we showed, did he really complain?
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I mean, this threat letter says the OPP complained and that the cop complained,
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but they say they don't know where the photo came from
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Well, let me read some more and get a load of this.
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The officer's first initial and last name clearly appear on their uniform
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in several of the cropped versions of the photograph across the Rebel News web domain,
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as well as on the URLs listed above, particularly when viewed from a mobile browser.
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Now, here's the mobile image they're talking about.
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I don't think the Justice Department lawyers do either, actually,
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because they say they can't even identify the photo.
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But based on the above, a blurry photo of a policeman's vest
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with an illegible name tag only in a couple of them,
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Doug Ford's Justice Department is threatening to sue us.
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to raise funds for a cause without the express consent
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As such, the unauthorized use of this photograph
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constitutes a tortious misappropriation of personality
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Further, the unauthorized use of this photograph
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Do you believe that the officer here in this photo,
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Do you believe his personal safety is in jeopardy?
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and all illegal proceedings considered advisable
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was done explicitly to be published to the world.
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Now, as I've shown you half a dozen times already,
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we don't actually use the cop's face in our image.
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even though all those uses have the face of the cop on it,
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which is obviously fine because it was published in the world
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It's not illegal to show someone's face on TV or in a newspaper.
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It's not illegal to show even a cop's face or his name.
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you see cops, their faces, their name tags every day,
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because like every other human being in public,
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they have no reasonable expectation of privacy.
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he could understand why he would want to be low-key
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but then he'd probably not be posing for PR photos
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why I was wrong to have published certain things on Twitter
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I listened to him, and I actually was persuaded by him,
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because he was right, I was wrong, he persuaded me.
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He just said, look, I think you've got this one wrong,
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I feel really great about how that whole thing ended.
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The image has been on our website for almost a year.
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It took the idiots at Doug Ford's Justice Department
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and even then they said they couldn't even locate
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I mean, come on, maybe get your kids to internet search it.
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Presumably, that photo, being on the OPP website,
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They threatened to sue me in about four different ways.
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That I was illegally profiting off the cop's image, I'm not.
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I just really embarrassed that I ever supported Doug Ford,
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They don't like the fact we're criticizing their lockdown,
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who threatened me on behalf of stupid Doug Ford.
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and I'm obviously dealing with an attempt to threaten me,
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I thought it would be wise to record the phone call
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I was playing phone tag with Sean White for a while,
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I've just patched in Jennifer Richards from my office.
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And Jennifer, are you with the attorney general as well?
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So I just jumped right in and started asking them about it.
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I'm in the same, yeah, the same branch as Sean.
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The photograph in question is of an OPP officer.
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The OPP officer was, like, was, you know, unaware that he certainly, but it's certainly
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Um, I'm not sure if you, I mean, it was certainly not information.
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We are not aware that it was on the OPP website, but they may know that.
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So, so, in my point of view, it was a PR photo posed on purpose and published to the
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So, they're claiming that the officer involved didn't know he was in a photo being used, but
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I asked them if they dispute the fact that it's actually a PR photo that he posed for
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and that they published and that it is in the public domain.
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So, obviously, there was no concerns about privacy, and I would naturally take the point
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of view that if it's published by the government, it's in the public domain.
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Do you disagree with me on either of those two points?
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Like, I'm happy to bring it back to them, to the OPP, and to ask them whether or not
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I think what would be helpful, though, if you could confirm whether there's any appetite
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So, the picture is literally on the OPP website.
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But whatever it's showing is showing on their own PR photo, on their own website, and they
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want me to blur a name that's blurred already or something.
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Did they know that we cropped out his face, right?
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He actually hasn't had any problems at all, has he?
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This is just a shakedown by Doug Ford's stupider staff, isn't it?
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Now, can I ask you, no baloney, did he actually complain?
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Did he actually complain, or was this a political complaint?
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I don't think we're going to get into that, Ezra.
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They have two lawyers, including the deputy director, write me a threat letter, claiming
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this cop is being harassed for a picture that they published that we cropped out the cop's
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And my question, has the cop actually had any problems?
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That's what they claim is why they're writing to me.
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These Doug Ford lawyers are wicked liars, aren't they?
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Further, this may, quote, create a threat to the individual officer's personal safety and
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is a violation of their right to be free from harassment.
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Can you tell me, has this officer received any threats?
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I don't think we're aware of that occurring to date.
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Not sure how he could, given that we cropped out his face and you can't read his name.
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He's been on the OPP website for years with his face.
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I think that these lawyers at Ontario's Justice Department are just unethical liars.
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They're telling me the truth here, I think, now that I pressed them.
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But their threat letter to me was deliberately deceptive, wasn't it?
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They're just as corrupt as their oafish boss, Doug Ford.
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Is he even aware that you're complaining on his behalf?
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Well, I mean, I wouldn't misrepresent the position of the government.
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Was it the cop who retained you or was it the OPP?
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Because we're fighting the fines for hundreds of people.
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Because we're not bought off like the other media who take the government bailout.
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So I asked them, have you ever threatened anyone else like this?
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Can I tell you why I think you're picking on me politically?
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And I'm sure you're speaking the truth from the information you know.
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Every single day, the Toronto Star, the Toronto Sun carry photos of OPP officers with their...
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Not only their badge visible, but their face visible.
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Have you ever sent a letter like this to the Toronto Star, the Toronto Sun, or any TV station?
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There are literally hundreds of lawyers who work for the government as well.
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You've got the deputy director here and a young lawyer.
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And neither has ever sent such a threat letter to any journalist before.
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And neither has ever heard of one being sent to a journalist before.
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It would be crazy writing letters to the media saying,
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They must really think I'm stupid to believe that's against the law.
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I'll let you decide if I'm stupid, but I tell you I am not scared.
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But I wanted to be 100% sure if this cop really was being picked on
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because his anonymous torso appeared in a background image,
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Well, actually, they had never even spoken with him.
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Can you put yourself in my shoes just for a second?
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I thought, boy, if that cop is getting picked on, that is extremely bad.
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And even though that sometimes comes with the turf of being a cop,
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But you say you don't have any info about that.
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But in fairness, there is a difference between the particular police officer
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being subject to harassment and a police officer.
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Whether or not he's complained is something that we would never disclose
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because that would be confidential between him and his employer, the OPP.
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There's obviously a difference between him actually being subjected to harassment
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or to retaliation or him being the target of severities.
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And him simply maybe having a concern about that or the OPP as his employer
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It's been seen, I'm going to guess, a million times.
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And you're saying, as far as you know, there's never been harassment of this officer
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These lawyers were falling apart in a five-minute phone call with me.
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First, I asked them to undertake to do two things, two undertakings.
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Do you see why I might think that you guys are trying to roll me?
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And at the end of the day, I mean, I think all that would be helpful is whether or not,
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you know, if you're going to sit down, if you're going to blur his name, or if you're not.
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And then we can at least go back to our clients and advise them.
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I think that's like the most constructive part that can flow from this conversation is instead of debating.
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I mean, I wasn't aware I had been up for nine months.
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We're happy to bring that information back to our clients.
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The fact that Sean and I are not aware of other sort of, let's just call them cease and desist letters, really doesn't mean anything.
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We deal with labor and employment issues, you know, so our focus is more narrow than perhaps other areas in government.
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There are, you know, quite literally hundreds and hundreds of lawyers.
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There's, but I really do not want it to be, you know, misunderstood that somehow because we don't know that means it didn't happen, that it's quite the opposite.
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So ultimately, if you want to just confirm your position, that's helpful, and then we can get back to our clients.
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Can you undertake to me to do a couple of things?
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Number one, can you undertake to confirm that this officer has not actually, and I think you have said this,
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but that this officer has not actually had any harassment.
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Well, what I'll undertake is to discuss it with our clients, and we may or may not provide additional information to you.
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The same thing is, can you undertake to see if you or your colleagues in the very large department you work
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have sent a threat letter like this to any other media in Ontario?
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Well, but on this very specific ground, like involving this particular officer?
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Have you, like I say, this officer, we don't use his face.
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So you can imagine, literally every day in the star and the sun and on TV, there's officers with their name and face,
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which I would imagine would make all these issues more acute.
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Have you ever, ever, ever, or your colleagues, can you undertake to see if you ever sent a threat letter to other media, or is it just us?
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Like I said, we'll raise a question with our client, and we may or may not have a threat.
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So I asked them, is this normal for them to threaten journalists like this?
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Do they think I'm that stupid or cowardly, so easy to roll over?
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If there was a problem, why not have the cop call me up, as some cop probably does once a week?
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Why senior staff in Doug Ford's Justice Department?
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Why put the deputy director on the phone to threaten me with, what, four lawsuits?
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Is that actually a question that you want to answer?
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Yeah, sure, you've got two lawyers sending me a threat letter on stationery, threatening to sue me.
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Surely you know that I have to defend our freedom of speech and freedom of the press.
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I mean, like I said, do you want to fight with me or do you want to resolve a real problem?
00:29:51.200
I don't think in any way we were looking for a quote-unquote fight.
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I think it was important, as we always do, to outline our legal position and to put it in writing so that there's no misunderstanding with respect to the issue.
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You didn't even know where the photo was found in, like, a minute just by Googling your site.
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You, you know, like, you didn't even do your homework on that.
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You're obviously, you know, you didn't even know it was your own photo.
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When you could have just picked up the phone and said, hey, Ezra, you know, just, you went straight for the threat letter.
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Because now I'm thinking, I'm being threatened.
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And I'm a journalist, and the only thing a journalist can do who's been threatened by cops is to push back.
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This threat letter and your hostile tone of the letter, and you're very friendly on the phone.
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You've never sent this letter to anyone else that you know.
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I think you confirmed for me this cop hasn't had any harassment.
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You didn't even know this photo was being up for nine months.
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But you spent hours being instructed by clients in writing this letter, and you got two of you on the call.
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What am I going to take from this other than you're trying to rule me?
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And you should Google me, and you'll find out that I don't react well to threats.
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Do you want to start over again on this whole thing?
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That was me offering you all the branch, and you said no.
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His name tag was blurred on the OPP website, and they admitted they'd never even spoken to the guy.
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They didn't even know where the photo was from, so they say, I don't know, can they really be that stupid?
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I told them to have a cop phone me, and I asked these two Doug Ford lawyers for an apology.
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You go back to your client, and you do what you have to do.
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I would be grateful if you helped me out on these two undertakings to see if he has been harassed,
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and to see if you've ever sent a threat letter to other media.
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And I would like you to come back to me with an apology for this threat letter.
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And I'd like you to deal with me as a fellow libertarian that is interested in resolving a problem if there's a real problem to resolve.
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But if this is your attempt to chill my reportage, then my message to you is you're going to have to proceed to litigation.
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And not only will we be fighting in the court of law, we'll be fighting in the court of public opinion.
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And I will show what I'm sure I will be able to show, which is that your office has never threatened a journalist like this ever that your legal theories about the copyright of a public domain photo are fake.
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It's junk law to say that this officer had a reasonable expectation of privacy when he's literally posing for a publicity photo.
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And that generally, this is you trying to roll me.
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And you will find out that that is not as easy as perhaps you think.
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You'll probably win in the end, because you've got the biggest law firm in the province and unlimited resources.
00:34:05.820
I need an apology letter from you guys retracting the tone here.
00:34:09.420
And frankly, if the cop wants to call me out man-to-man and say, hey, Ezra, you know, I'm getting some flack on this.
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So if there's a real problem, have the cop give me a phone call.
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And if it's not that, let's have a five-year fight.
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And by the way, can you preserve all your internal records on this?
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Because I think there's going to be a lot of interesting legal procedures.
00:34:46.120
If it's abuse of office, if it's abuse of process, I want to know who the complainant really is.
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I want to know who gave you the impetus to put two cops on this.
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Or you can just come back with an apology from you, too, and a phone call from the cop.
00:35:09.320
You can take whatever steps you like because it sounds like there's a big strategy behind this letter.
00:35:29.400
Well, after the call, I wrote to them to confirm my two requests for undertakings and to ask for that apology.
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I told them to write back to me on a deadline by Monday night.
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And then they wrote back to me again today after an email, exchanged no supplies.
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They weren't allowed to apologize to me, even though I think they know they were being a bit mean.
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Also not a surprise, they didn't answer the two questions I asked them to undertake to answer, whether the cop actually was harassed or also whether they had sent a threat letter to anyone else.
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And the media, which means if you're not going to answer those questions, it's pretty obvious no and no.
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They tell me they refused to answer my questions.
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It still sounds like they haven't actually spoken to the cop to this day.
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I'm skeptical that the cop actually complained or even knows about us using his torso.
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Remember I told them to have the cop phone me up?
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Not only did they refuse, but they said he wants to remain anonymous.
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But I thought they said he was getting harassed for the use of his torso in a picture.
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Is he anonymous, as they now say, or did we violate his privacy?
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These Doug Ford Justice Department lawyers can't even keep their own story straight.
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I guess the A students become judges, the B students go work for the fancy firms, and the C students go work for Doug Ford.
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And they ended their emails to me by reiterating their threats to me.
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You're little thugs, just like your oafish boss, Doug Ford.
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You're running a political errand for him, and you know it, and you know you don't have a legal case.
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Never before has a media company been threatened for simply publishing a photo, let alone a photo of a chest.
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But there's something much worse and much more gross here.
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And it should deeply shame Doug Ford, if he had any shame.
00:37:53.540
Do you know what I mean by the phrase stolen valor?
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Stolen valor is like what that liberal Harjeet Sajjan did, Trudeau's defense minister, when he lied and claimed that he was the architect of the master plan to destroy the Taliban in Afghanistan.
00:38:13.560
He stole the credit for that from the real heroes who did that.
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Stolen valor can be simple, like wearing a uniform you're not entitled to wear, or wearing medals that you didn't earn.
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And quite often they mean that someone was wounded, or someone who was in great danger but showed courage.
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It's stealing from the honor of the men who really did do those things.
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If there really was a cop who really was being harassed because of our use of this torso-only picture, I'd be shocked.
00:39:01.840
But if a real cop called me up and said, it really happened, I'd be a man and I'd say, all right, I'll take it down right now.
00:39:13.160
This photo has been up for nearly a year on our website, for years on the OPP website.
00:39:23.280
It's just their lame, lying way to threaten us.
00:39:28.860
We don't show his name other than the unreadable, blurred version.
00:39:32.140
The lawyers say he's actually anonymous, which proves the point, doesn't it?
00:39:36.340
And from the phone call and their passive-aggressive letters to me, it's pretty clear they haven't actually ever spoken with him.
00:39:42.180
But they're using his status as a police officer to try to intimidate and threaten us.
00:39:55.340
Doug Ford had his Justice Department lawyers and his OPP brass have several meetings about how to get us, how to threaten us, how to intimidate us,
00:40:05.860
because he hates the fact that we're standing up to him with our fightthefines.com project.
00:40:10.600
So they cooked up a scheme, and they used an anonymous cop as their weapon.
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They stole his valor to make the complaint against us in his name falsely, to make it seem real.
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They stole his valor because Doug Ford has no valor, has no honor of his own.
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And these two disgraceful Justice Department lawyers went along with the scheme.
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And so I say to you, Sean White and Jennifer Richards, you bring it on.
00:40:53.740
You stole this officer's valor to make a false claim where there was none.
00:40:59.500
You threaten me and my company with fake lawsuits because you have no real case.
00:41:05.660
You are wicked people, and I will not bend the knee to you.
00:41:14.460
Because if you dare to bring your abusive, vexatious lawsuits against me, stealing Officer X's valor because you have no case,
00:41:22.580
if you dare to abuse taxpayers' dollars in the courts to silence our voice as journalists and to stop our public interest civil liberties lawsuits,
00:41:34.240
Not just us defending against your nuisance suits, but us suing you.
00:41:49.280
And suing your corrupt bosses, too, you tell the clowns at the OPP brass in the Premier's office,
00:41:58.840
All of their emails, all of their notes from their meetings.
00:42:01.400
Because if I ever see you around here again, expect a lawsuit that turns the tables on your attempted shakedown of us.
00:42:08.120
You know, Doug Ford is too stupid to know about it.
00:42:10.700
But you, you, Sean and Jennifer, you must have learned in law school,
00:42:14.220
a thuggish premier named Maurice Duplessis, he hated the Jehovah's Witnesses and kept having police arrest them and charge them with crimes.
00:42:23.240
But there was this restaurant owner named Ron Corelli who kept posting their bail.
00:42:28.080
And Duplessis was furious that this guy, when a restaurant was getting in his way.
00:42:32.680
So he ordered the province to cancel Ron Corelli's license for his restaurant.
00:42:40.780
And it went all the way up to the Supreme Court of Canada.
00:42:44.080
And they ruled that thuggish premiers cannot be thugs.
00:42:49.320
They cannot abuse their power for political reasons.
00:42:52.740
You can't cancel a liquor license because you're a bigot against Jehovah's Witness and some guy's posting bail.
00:42:58.400
You can't do that, especially if a guy's involved in civil liberties law.
00:43:03.900
So my message to you, Sean and Jennifer, is to tell Doug Ford and to tell Thomas Carrick of the OPP
00:43:10.900
that if they dare to bring their stolen valor case against us, we will bring a Ron Corelli lawsuit against them.
00:43:24.520
And like Ron Corelli, we will not stop until the Supreme Court hears this case.
00:43:33.140
My friends, if you share my fury at this, then do something positive about it.
00:43:48.300
We have helped literally hundreds of people fight back against that bully, Doug Ford.
00:43:57.160
He's trying to silence us, but we're smarter than him.
00:44:00.680
All we need is your help to pay for the lawyers to defend citizens.
00:44:04.520
And God forbid if that bastard comes for us, I'm going to ask for your help to fight him too.
00:44:29.620
I don't know if it's because it's unfair or because they think I'm that stupid or they think I'm that cowardly.
00:44:35.260
Each of those three things pricks me in a different place.
00:44:40.440
I think those lawyers may just be weak and cowardly themselves.
00:44:46.440
If they're ordered by a boss to send me a threat letter, they probably said, oh, no.
00:44:57.980
I can't believe they think they have a legal case here.
00:45:04.220
But I swear on the altar of God, I will fight this until I am dead.
00:45:08.720
Until tomorrow, on behalf of all of us here at Rebel World Headquarters, to you at home, good night.