Juno News - October 28, 2022
Trudeau’s crumbling case against the Freedom Convoy (Ft. Ari Goldkind)
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Summary
The Public inquiry into the use of the Emergency Act by the Trudeau government to get rid of the Freedom Convoy is entering its second full week of witness testimony and cross-examinations, and the government's case for invoking the act is falling flat on its face. However, with each passing day, more and more testimonies are heard, the government s rationale for the emergency act is looking extremely weak, and I m no lawyer. However, I am a criminal defence lawyer, and as a result of that experience, I m here to share with us his impressions and professional judgment as a lawyer about what we ve learned so far from the public inquiry and where we re likely to go from here.
Transcript
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hi everybody welcome back to the show thank you for tuning in once again and i hope that you're
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all doing well wherever you are and enjoying the fall wherever you are in the country
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we're now into the second full week of hearings into the public inquiry into the emergencies act
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now such an inquiry is automatically triggered when the act is invoked i've shared my initial
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impressions of the public inquiry so far i wrote a column in my regular national post column
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do check it out if you can in my opinion at the time of writing the government's rationale for the
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emergency for invoking the emergencies act has fallen flat on its face based on the testimonies
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of some key expert witnesses who have essentially disagreed with the official narrative that the
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protesters were violent insurrectionists bent on overthrowing the justin trudeau government
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um and i feel that with each passing day into the inquiry and more and as more and more testimonies
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uh are heard uh the government's rationale uh the government's case for invoking the emergencies act
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is looking extremely weak however i'm no lawyer and today i have a great guest with me um he is
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a well-known attorney well-known criminal lawyer uh who's been on the show before ari goldkind um and
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he is here to share with us uh his impressions uh and his professional judgment as a lawyer about what
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we've learned so far from the public inquiry and where we're likely to go from here so please welcome
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ari goldkind to the show so hey ari welcome back uh to my show it's great to have you here again and uh
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today we're gonna talk about uh your thoughts on the um ongoing public inquiry into the use of the
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emergencies act by the trudeau government this past february uh to get rid of the freedom convoy
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protesters who uh had uh were in the city for almost three weeks protesting the vaccine mandates and other
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pandemic restrictions so um it's great to have you here ari it's great to be with you rupa and i know
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our last conversation about tamara leach being an enemy of the state i i saw how many people
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watch that i think that's more of a compliment to you than me but i don't think i've gotten as much
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positive feedback from an interview in 10 years of doing tv that has clips watched by millions of
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people so it must mean you're doing something right and that was a great conversation and i'm
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looking forward to this oh you're too kind ari i think you you were the real star there i just asked a
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bunch of questions but uh you know you just uh it was it was what you were saying and it resonated
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with a lot of people uh my my local noodle uh guy noodle uh chinese noodle place uh he recognized me
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and he said oh i saw that show with that lawyer and uh so you're you're the real real celebrity here
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are i i don't know that that's the case but i often get called that lawyer and i'll take that as a
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call all right so so ari so we're going to talk about the public inquiry into the use of the
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emergencies act we're now into the second full week of witness testimony and cross-examinations
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at the inquiry i found it very striking that so far at least in my opinion there seems to be
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very little support for the government's case especially from public officials uh and not the
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politicians um but i want to get your view what do you think we've learned uh and not yet learned so
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far in these first couple of weeks uh what's your general impression so i have a bit of a different
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number of takeaways to me that jump out from the first week or two of this i don't think the things
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i think are things most canadians turn their mind to or even talking about it basically comes from my
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life as a criminal defense lawyer which i sometimes separate from the politics i mean anybody should hear
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me go off about crime you know you'd be hard-pressed to think oh he defends people so my takeaways and
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i'll give you the number one uh one group and then we'll get into some other ones the number one takeaway
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for me of the last two weeks is that for canadians who are paying attention to this inquiry and i think
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a lot are i think most aren't we're worried about inflation another stupid interest rate hike that's
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going to take apart the middle class we're in the middle of a real problem in the western world right now
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so i appreciate people are not distracted by the newest shiniest object there's a lesson to be
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learned here that i don't think canadians are learning and that lesson is the importance of
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cross-examination and i know that sounds a little bit boring or legal easy but let me try and explain
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why to me that's what this emergencies act inquiry should be demonstrating to the canadian people we
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don't have cameras in the criminal courtrooms canadian people didn't watch gomeshi's trial
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and watch how people that were complete liars were decimated we're not watching the kevin spacey
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trial where his accuser was decimated and the jury came back in an hour this is a man whose career was
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destroyed we don't have cameras in the courtroom now what's the link with my answer to you on that
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versus what canadian should be taking away here and this does tie into doug ford refusing to testify
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i'm sure you're going to ask me about that later there is a connection here and much to your
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audience's chagrin and i'm going to link this all together i have to give justin trudeau credit
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for being willing to do what doug ford isn't willing to do we'll get to that because it ties into
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the theme here of why this inquiry is important i don't think the result of it will be important
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you certainly saw jagmeet singh basically act in the most ideologically dishonest way and say
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even if it comes back that this should never have been invoked the government usurped
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uh its power this was completely undemocratic freezing canadians bank accounts was horse manure
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rounding people up and pretending they were violent was disgusting and kafka-esque
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you see jagmeet singh go no no i want to stay in the hell in the halls of power there's all
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connections here the reason i say i give justin trudeau some credit here is because he's willing
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to be on the hot seat and my takeaway from the first two weeks is look at how we've come to all of
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the answers where canadians are actually seeing that the emergencies act was a bit of a cluster you can
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fill in the rest of it you have a an officer from the opp i think his name is pat morris i'm having a
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brain cramp any canadian interested in this who's ideologically honest not tribalistic not partisan
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should watch pat morris's testimony where he basically in one fell swoop decimated the rationale for
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the invocation of the act and the point that i'm making to this and then i'm going to take it to a
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little detail which i don't know how many of your viewers have seen they should watch it the clips are
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out there where some disingenuous full of crap witness was testifying in english he had a bit of a
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french accent but he's testifying in english he's more well-spoken than me and i'm a pretty well-spoken
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guy but then he gets caught by one of the lawyers for the convoy people and he gets cross-examined
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and the person running for mayor who lost the other day whispers to him answer in french answer in
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french and the reason i mentioned cross-examination again just for people who don't understand why i'm
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saying this is because we live in a country where there's a movement to do away with cross-examination
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holding people to account not believing all women not believing all politicians cross-examination is
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not rupa it is not standing at queen's park press gallery and deciding who you're going to take
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questions from or saying the minister only has five minutes to answer two softballs every moment of
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this inquiry has come because well-prepared well-skilled intellectually curious lawyers
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are putting people on the hot seat and they don't get to get out of the chair like politicians do where
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their assistant their young parliamentary assistant comes yank them and say oh the minister has a two
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o'clock this to me is my number one takeaway that i don't think is going to be talked about enough there
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is an actual camera in a quasi courtroom here justice rouleau is the former uh justice from the
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court of appeal these are all lawyers that are trained litigation lawyers and the public needs to wake
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up and here's the link back to the interview we did about tamara leach and the enemy of the state and
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covet all roads lead back to the search for truth yeah the search for truth for two years has been put on
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hold where you can't question anything you can't ask questions the science you're told is from fauci
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and nobody else even though he gets everything wrong all of the time and twice on sunday
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you're not allowed to ask questions doctors who have a good faith basis and hippocratic oath
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we're not allowed to challenge the science the whole point of science rupa is that it's constantly
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questioned and the emergencies act inquiry this is why i'm so passionate about what canadians
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should be seeing don't worry about whether the the horns were honking or whether steve bell the
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interim police chief butchers the term violence which was one of the most disingenuous moments in
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the hearing again cross-examination steve bell who's a master linguist a very cunning linguist people
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can get what i just said comes to the inquiry there you go comes to the inquiry and says well we had
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all this intelligence i use that term loosely that people were going to be violent now there is no
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violence here you can you can sit here i'll debate any listener who says differently yes the horn honking
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was disgraceful no i'm not in favor of it no i don't not in favor of blockades just so people have full
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disclosure but he comes and says there was violence and we were worried about violence and the cross
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examination which wouldn't have happened if steve bell was at a press conference this is the key
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if steve bell wasn't under cross-examination the following exchange wouldn't have happened well wait
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a minute sir what kind of violence do you mean do you mean horn honking do you mean having trouble
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walking down the street or do you mean criminal code defined violence i know i'm getting into the
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weeds rupa but there's a point here and it's only it's only because the cross-examiner didn't accept
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the pablum that steve bell who is again very good at doing this i've experienced it personally in cases
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i've done with the ottawa police service where he's extraordinarily gifted at communicating but saying
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actually nothing and when the cross-examiner the lawyer pushed back and said well wait a minute
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you're here under oath do you mean violence like annoying people or do you mean violence as defined
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in the criminal code remember he's a police chief he knows what violence is he resiles from it and goes
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no no you're right i don't mean criminal code violence i mean the annoyance the intimidation the
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yelling at people about masks why is that important rubel that's important because so much of
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the subtext of this inquiry because you did ask me at the beginning what do i think about it i think
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it's a bit of a kangaroo court i think it's a charade i think it's become partisan and political
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freedom convoy people bad people in ottawa inconvenienced in the main drag of the main city in
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the main province of the place that you're supposed they're they're all good that's what this has been
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the smear of the right wing the white supremacist bullcrap i'm not going to swear on your air but all of
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this has become partisan and the only reason we're we're seeing that the narratives don't add up
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the pieces of the puzzle don't come together we'll see what trudeau does he'll probably be better than
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people think he'll be but right now we have no justifiable theme other than we don't like the
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freedom convoy people why this emergencies act needed to be invoked and all of the other powers of
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the state couldn't that will lead me into a little bit of doug ford in the summons issue but let me
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pause there that's my takeaway rupa of really what this act is about for canadians who look more deeply
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into what they're seeing not just myopically at do i like the convoy do i not yeah no that's a great
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summation ari of uh you know what what's happened so far it's uh it's excellent but um i will get to
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doug ford in a in a little bit but uh but but do you think that so far the government's rationale for
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invoking the emergencies act looks extraordinary just looks really really weak i mean they just uh
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this was overreach if just putting it mildly so let's look at that and i like that term overreach one of
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the things that has bothered me the most about this the fundamental lack of due process that
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came into this and the way ordinary average canadians were treated if the use of the
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emergencies act rupa full disclosure was limited to forcing the tow truck drivers who didn't really
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want to yank out some of their friends in the big rigs of forcing that ottawa protest convoy whatever you
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want to call it i'm not talking about the blockades those were being moved out coots and others even
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certain provinces didn't think they needed the act to deal with that let's look at downtown ottawa because
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you have people and lawyers making their living off of basically turning this into january 6th you've seen
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people invoke that idiotic asinine absolutely ridiculous stupid comparison even though i think january
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6th was a big nothing burger uh i have my own views about that i saw somebody on msnbc the other
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day compare january 6th and say it was worse than 9 11. anybody who says that should be taken up to the
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92nd floor of a burning building with no fire escape or root out and be forced to sit there and stew in it
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i mean that literally anybody who makes that comparison the reason that i say that is because
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if the emergencies act powers were granted in the most limited way the tow truck drivers were forced
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go get rid of the big rigs line them up told maybe i'm okay with that but when you start freezing the
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ordinary bank accounts the non-money laundering tax evading i mean this is a country where 27 million
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people out of about 30 something pay taxes most evade taxes uh the money laundering in this country
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is insane check the housing markets if you don't believe me if you're in vancouver toronto montreal
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but when you have ordinary people giving 25 bucks or 50 bucks to a cause that they believe in to protest
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mandates and lockdowns which look at where the science has us now just look at where the science
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in quotation mark science trademark has us now that to me is where the emergencies act became disgusting
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it wasn't limited in its scope it was an excuse for free land to go do what she wanted to do
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in her plutocratic way which by the way is a betrayal of who she was 11 or 12 years ago as a journalist
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she wrote her book so for me full disclosure i have trouble believing something was a terrible
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crisis emergency in a civilized western country because a downtown part of ottawa was messed up
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and look i sympathize with the people who had to hear the horns i do but when you have on the weekend
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or week of the emergency being invoked in ontario let's not just call it canada in ottawa ontario but
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the premier of the province is snowmobiling he's out snowmobiling i'm not knocking him more power to
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him i wish i had a snowmobile but when you have the premier of the province in the middle of this dire
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federal provincial emergency snowmobiling you can make all the intellectual ideological esoterical
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of arguments that you want to me i have real skepticism that this needed to be invoked and who
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backs me up on this a lot of the opp members who have testified so far so let's talk about doug ford
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uh i believe that um that um that you know he would he and uh doug ford and sylvia jones and
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she was a solicitor general at the time at the time yeah and she's the current health minister um
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they've been summoned uh to testify at the emergencies act uh inquiry and uh and i i believe
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ontario i mean this is breaking news from from earlier today has filed an application uh for judicial
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review seeking to uh squash the summons um so let's let's talk about what you know why why do you think
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that doug ford why do you think doug ford uh should be uh present at the inquiry um the attorney general
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says in documents filed in the federal court that irreparable harm will occur if ford testifies can you
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tell us could you explain to us what this harm would be and uh and and and of course the optics
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of doug ford not testifying versus just a trudeau testifying sure so let me break it down for people
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who hear judicial review stay of proceedings quashing a summons let's make it more easy to understand i
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think it's important because these big words tune people out if i say quash judicial summons you know
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everybody's eyes glaze over if i say kanye west everybody wakes up that's the shiny object world
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that we live in so what's happened here is that anybody who underestimates doug ford's political
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instincts does so at their own peril now doug ford has filed an application saying this is about what's
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called parliamentary privilege which is if somebody in parliament such as a premier has to come before
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a body and be cross-examined on how the sausage is made let's make it simple that that runs a problem
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or an affront to the ordinary good workings of democratically elected officials that they won't
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be able to speak freely do their business it will do damage to democracy now i think anybody hearing
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me say that can probably say well i don't think that sounds all that compelling here here's the problem
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the way the rules are written he's probably going to succeed in that challenge he's probably going
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to succeed in having the summons quash there are rules about when parliament's in session uh not
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parliament um the legislature you got to remember we're in ontario now there are rules about when it's
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in session before and after somebody can't be compelled to do it no he's not going to go to jail
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like steve bannon did for defying it what would be interesting to me is if the legislator
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legislature actually drafted a motion saying he should go testify that would be really interesting
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to me that the legislature itself passes something but he is probably going to be able
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to get a court to agree that there's some kind of error of law here because the rules are clear
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he can't be compelled to do it now whether i'm right or wrong on that and i'm hoping that i'm wrong by
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the way i don't often hope i'm wrong i'm hoping i'm wrong the optics of this are really really
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interesting and where does it take us back to rupa he and i've not spoken to him but i don't throw
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him under the bus i think he's a lot more clever than people give him credit for okay he understands
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that whatever he he's going to take being called a coward by people in ottawa somebody offered to drive
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him there some mp or mpp offered to like literally pick him up like an uber and take him he understands
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and you'll remember where this answer is going where he said he shouldered a shoulder
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with prime minister trudeau the other day remember he said i stand as the guy who funds this province
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or vice versa arguably was standing behind him he doesn't want to bite the hand that feeds him
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so the op the optics of being called the coward or the judicial state he has made a decision that
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it's much more politically expedient for him to go this way and be called a bunch of names
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some of them may be fair i think he'd be the first to say look i'm a man of the people but i can't come
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testify before the people think through that i mean people always say and i was talking about this with
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anthony fury the other day he's a man of the people he's a populist you know maybe rob ford was a
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little bit more of that doug ford is a very wealthy man lived most of his life in chicago he's a
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millionaire many times over i know he looks the part of you know the bob and doug guy at an arena but
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he's really you know you know people say the new prime minister unelected in in britain you know is
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the goldman sachs guy and married to the million you know if you're not a working person it's very
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easy to say you're a working person and a man of the people and have a barbecue and a picnic
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where a bunch of people show up because you're kind of famous it's another thing
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to have the calculation to say look i know there's an inquiry i know i'm the premier of the province
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where the emergencies act was invoked i know the opp it's not called the rcmp the opp was critical to
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the decision making that went into the act he knows in my view he knows exactly what happened here
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i believe and look i would say this to him respectfully he knows this wasn't an emergency
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he knows this could be dealt with otherwise i don't think he wants to go be cross-examined because again
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he's never been cross-examined the experience is one he does not want he has made that calculation
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with the support of some law i don't want to spend time on it it's kind of boring but he could very
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very easily have said i don't care whether there's privilege or not the argument that if i talk about
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whether this act should have been invoked as the as the head of the province that's somehow going to
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make the business of parliament be destroyed that's horse manure to me the point of the story
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and why again this matters to me is because we're living through a climate group and i think there's
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a bigger story here there's midterms coming up in the states right where we have a problem with
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accountability in this world that's a really important word to me we have a problem with somebody
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taking responsibility have any heads rolled because of the withdrawal from afghanistan no have any heads
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rolled in the military industrial complex because we're pissing billions of dollars away on the
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ukraine no are any heads going to roll because covid lockdowns mandates children's schools have any of
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that those people being held accountable no because they're almost always on the left or the far left
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doug ford says well there's two senior officials and a bunch of cops that can answer everything
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are they as accountable as the leading democratic figure in the province that's where the story
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becomes more interesting to me and what will be interesting to me is to whether ford's own base ford nation
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cares a lick about this because to me you're if you're brave you testify if you've got something
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to hide you don't it's got nothing to do with parliamentary privilege he knows the cross-examination
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for him would either be his worst day because he doesn't want to say what he really thinks or he could
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surprise us all if he's there and go you know what i'm not gonna kiss posterior i don't think this
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should have been done i think the protesters were yahoos but there were other ways opp rcmp other
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people to do it and the point that i want to close on on this so people understand i'm not partisan i
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look at any issue and decide whether i think it's right wrong fair or not if justin trudeau can testify
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the prime minister who literally has never been cross-examined and i think he will do better than a
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lot of people think he will i really think people underestimate what he will do at his own peril
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i give justin trudeau credit even though the inquiry is federal and people don't need to write
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an email say it's federal it's this i i get but for justin trudeau to be willing to do it to get on the
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hot seat where he will have convoy lawyers where this is the case of their life this is the cross
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examination of their life this is the only way they're ever going to get on cbc city tv true north
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youtube for justin trudeau to do it rupa and doug ford to be taking this albeit probably successful
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path that troubles me not only as a person interested in transparency and accountability
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it troubles me as an ontarian because i happen to live in ontario as well yeah i i fully agree with
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you i yeah the optics of this look terrible for doug ford maybe this political expediency uh maybe comes
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out of this uh comes ahead uh uh politically but i i don't see how that's that's going to be the case
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maybe he's just uh you know the fact that he doesn't have to fight an election for a while
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right that that's a huge it's a huge huge part of it rupa that's why i say because if he was sitting
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here i wouldn't be saying any of this any differently than if he was sitting next to you i would say this
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directly i i have an admiration for somebody who looks down the road sees the forest through the
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trees he's going to be teflon this will not matter when some moron on the far left runs against him and
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whenever the next election is he's made that calculation much better to do it through the
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lawyers through the judicial review than having moments caught live on tape to use an old phrase
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where he's tripped up on a question he says something that's demonstrably provably wrong
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he's making a very very wise decision i would probably if i knew the details which i don't but if i
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knew how the sausage was made i if i was his counsel probably give him the same advice which
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is worse for you doing this through the lawyers letting it pass worrying about inflation talking
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about crime handguns hunting rainy river uh the bus to this uh lrt subways or being literally under oath
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and cross-examination where you can't get out of it and there may be a clip or two in this youtube
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15 second youtube doug ford destroyed doug ford undressed all of these stupid things that become
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viral i don't think he's making a stupid decision i'm not saying it sits well with me yeah but you
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know you have to think a little higher level than all the people calling him a coward today that's not
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