00:00:24.460Day 8 of the Public Order Emergency Commission hearings in Ottawa
00:00:29.100and as we have talked about last week and two weeks ago on the show we're going to keep following
00:00:34.460this talking about things that are happening in the hearing room and also things that are
00:00:39.060happening outside the hearing room that have a great deal of relevance on what are what's
00:00:44.760happening there and I want to just start right out of the gate on this there was a fascinating
00:00:49.340development today where Ontario Premier Doug Ford and Ontario Solicitor General Sylvia Jones
00:00:55.920who last week said Ford said specifically that he wasn't testifying before the Public Order
00:01:03.000Emergency Commission because he hadn't been asked well this week the commission has said we've asked
00:01:07.680you numerous times and you have not responded or you have declined so now the commission has issued
00:01:14.420Doug Ford and Sylvia Jones a legal summons to compel them to appear before the commission
00:01:20.960hearings as witnesses. Now you may think, okay, that's a little bit of a strange development for
00:01:26.320a guy that just said he wasn't there because he hadn't been asked. But now Ford has applied for
00:01:31.180judicial review to stop himself from having to appear. He says it violates parliamentary
00:01:37.080privilege. So my question here, why on earth does Doug Ford not want to testify? Here's a guy
00:01:42.640who by his own admission said he's a supporter of the Emergencies Act being used. He said he was
00:01:48.680standing shoulder to shoulder with Justin Trudeau and his buddy Christia Freeland and they were all
00:01:53.040working together and this was important and he was taking a stand against the terrible truckers
00:01:58.600by supporting the emergencies act why does he not want to go under oath and talk about that
00:02:02.800if he thinks it was so necessary is it maybe because last week we learned that the federal
00:02:08.320government was trash talking him behind his back Justin Trudeau and Jim Watson weren't being as
00:02:13.240buddy-buddy with him as he was with them or is it because he knows that the government didn't really
00:02:17.960have the basis to do it, as we're hearing from countless witnesses that have been testifying
00:02:23.720before this commission over the last eight days. I'm going to bring into the discussion in just a
00:02:29.500moment's time Keith Wilson, who is a lawyer extraordinaire, a King's counsel, the first
00:02:34.420King's counsel I've ever met because he was the first to change from the QC that he had had for
00:02:39.420so many years. But before I bring in Keith, I just want to play one of the clips that has
00:02:43.940been coming out of the many things today we've learned from Interim Ottawa Police Chief Steve
00:02:50.120Bell and one of them I think is becoming the key theme here when we learned that police had a plan
00:02:58.260police had a plan to deal with what was happening that didn't involve the Emergencies Act we were
00:03:04.060told this last week by police representatives and we were told it again today by Interim Chief Bell
00:03:09.820oh maybe we don't have that clip all right sorry about that we'll we'll get to that clip a little
00:03:21.780bit later on in the show I've oversold but you know what the best way I can fix this is by
00:03:26.200bringing Keith Wilson on now he is he's going to save any show before it goes off the rails
00:03:30.620Keith it's good to talk to you thanks for coming on today thanks for having me on Andrew
00:03:35.740So let me start first off with this business with Doug Ford here.
00:03:40.320Why on earth is it that the Premier would have to be summonsed to appear when just last week he was saying,
00:03:48.620yeah, I'm all for appearing, I'm all for coming, they just haven't asked yet?
00:03:52.360Well, he's given the answer with the judicial review you mentioned that he doesn't want to testify.
00:03:58.560And that, of course, raises some interesting questions.
00:04:01.520What is he worried that he's going to be asked?
00:04:03.600What is he worried that he might have to answer?
00:04:07.680This is very surprising even to me, who, as you can imagine, with all the things I've been through,
00:04:13.920I've got a pretty high threshold for surprise, and this one trips it handily.
00:04:18.680Yeah, I mean, I would say that as far as people that we could benefit from hearing from here,
00:04:25.260the Ontario government will be a fascinating one because this was the government that had to grapple with the Ambassador Bridge blockade.
00:04:32.500And it's the government that managed to clear up that blockade without the Emergencies Act, using regular policing powers just in a matter of about 48 hours.
00:04:41.180So I actually think hearing from Premier Ford about why you couldn't just apply what you did there to Ottawa would be a fascinating revelation for the commission.
00:04:52.380Well, and for all of us, I mean, what's striking is compare it to something else.
00:04:57.460the the premier ford's position as we now have learned in the last number of hours
00:05:02.180which is compare it to the position of the prime minister
00:05:05.300doug ford was not a decision maker with respect to the invocation of the emergencies act the
00:05:09.620prime minister was and he's expressed a willingness to to testify is not requiring to be subpoenaed
00:05:16.980he's coming under his own volition i think he realized he had no choice but you know why
00:05:22.500why premier ford would do this to himself he's likely to lose his judicial review just because
00:05:30.200the case law is so clear um he's not precluded from invoking a privilege when he's asked a
00:05:37.100question if the question triggers privilege so this is um bad political strategy in my view he
00:05:44.860would have been better off to just say yeah i'm happy to come and share whatever mission i have
00:05:49.060and help Canadians get to the bottom of this.
00:05:51.320It's a very important inquiry and happy to be here.
00:05:54.200Instead, he's just embroiled himself in a self-imposed controversy.
00:05:59.520When we talk about the witnesses that are slated to appear,
00:06:03.880we've got members of the Convoy's board,
00:06:06.980we've got more police representatives,
00:06:09.500we've got some bureaucrats from all number of federal departments
00:06:12.820and intelligence agencies, we've got federal cabinet ministers.
00:06:15.580I know that this is fluid and more witnesses could be added here.
00:06:20.360We also have that statutory cutoff where the report has to be tabled by February.
00:06:26.720And I'm wondering, is it possible to cast too wide a net here and bring in more people than are needed for the commissioner to make the decision?
00:06:33.940Or is your view that this witness list is actually so light that key details are being missed?
00:06:40.080Well, you're right that it's a dynamic process.
00:06:43.320the witness list that everyone's seen was the first preliminary witness list there will be a
00:06:49.400new witness list coming out soon and it will have a lot more names on it and that's the nature of
00:06:56.220this process we've been working with the commission's lawyers on on expanding the
00:07:02.360number of witnesses that will speak on behalf of the freedom convoy protesters so it is and
00:07:08.140And the other thing that's happening here is, which is really unusual for lawyers anyway,
00:07:13.580is that normally before you go into something like this, all the documents are disclosed
00:07:19.400We're getting new documents disclosed every day.
00:07:22.280And the last count we had, we were over 15,000 records, well over 20,000 pages of documents.
00:07:32.460So the paper evidence just keeps coming in by the day that, depending on our review of it and what we find and other parties finds, then triggers a request.
00:07:44.460So, for example, one of the things that our group and a number of other lawyers representing other groups made a formal application late last week to have the commissioner issue a subpoena to the head of the CBC to testify.
00:07:58.100because one of the focuses in the ordering council for this public inquiry is to examine
00:08:05.380misinformation and disinformation and given that we couldn't understand why the head of the cbc
00:08:11.820wasn't at the top of the witness list so we know that mendocino and other ministers have routinely
00:08:18.360referred to fake news stories as a basis of their decision making so this inquiry has been
00:08:26.640fascinating since the first day as you know we're on day eight of 38 days of of evidence we still
00:08:33.900have at least 30 days to go assuming we don't start sitting saturdays and i think we're going
00:08:38.320to start sitting the hearing on saturdays very soon just on a on a this is not a question that's
00:08:44.540coming from anywhere but my own mind here is there a mechanism at all to delay the production
00:08:50.920of the report if for some reason they need more time for hearings they need more witnesses more
00:08:57.280time to put it all together or is that a complete no-go under the statute well the what's the
00:09:04.140statute simple says that you have to table your report before the legislatures of the provinces
00:09:09.860and the parliament of canada and the senate within 365 days of the revocation of the invocation
00:09:17.360okay so that puts us into february next year as to whether or not the commissioner decides so he's
00:09:24.200got two blocks of time left hearing time and then review and writing time he may decide to chop a
00:09:31.340week or two off of his his writing time for him and his commission staff and and extend the hearing
00:09:37.900um the only other i've been asked this question many times the only other situation would be if
00:09:44.660the parliament and the senate decide to amend the emergencies act to modify section 63
00:09:51.120and change it from 365 days to some other number so we can all guess at what the mechanics of that
00:10:00.300might be but the commissioner is running a very tight ship we put in a request each day by five
00:10:07.220o'clock for the witnesses we're going to be cross-examining three days from now and that's
00:10:11.420the rule we do every day we're working seven days a week uh many many hours a day and night
00:10:16.700um and we have to identify all of the documents that we're going to put to the witness in cross
00:10:23.020so we would have identified uh interim chief bell what i guess on friday of last week
00:10:28.940um and then we so we may say we need an hour and a half to cross examine uh interim chief
00:10:35.180bell and then the commissioner will say you get 15 minutes or you get 10 minutes or you get 20
00:10:39.500minutes so that's how it works for all the parties and uh and he's got a stop clock up there
00:10:45.400as you probably noticed he'll sometimes let you run over a little bit but he's running a pretty
00:10:50.340tight ship and um uh you know right now we're assuming we're going to finish on time and but
00:10:56.580we're very much alive to the fact that in the next couple of weeks we'll probably be sitting on
00:11:01.020saturdays and holding the hearing on saturdays as well as going till eight and nine o'clock each
00:11:05.540night i want to play a very brief clip here from uh today this is brendan miller representing
00:11:11.520uh freedom corp uh during his cross-examination of interim chief bell earlier today talking about
00:11:18.000this idea of there being a plan by police without the emergencies act but last question just because
00:11:26.520i just want to get this clear but so you're saying that there was existing laws that you
00:11:31.720could have done the same thing under. Is that right? We had a plan. We were going to execute
00:11:37.180a plan. Thank you. Very clear question. You had existing laws. The interim chief says there was
00:11:43.760a plan. We had a plan. You know, when these sorts of revelations came out last week, there was a
00:11:49.200part of me that wondered if, you know, in very dramatic Hollywood-like fashion, Brendan Miller
00:11:53.660could just say, I rest my case, nothing further and go home. Because really that seems to be
00:11:59.880inherently inherently disqualifying for the emergencies act the way the act is written
00:12:05.960well when brendan uh and you know we're thrilled to have him leading our team and being the lead
00:12:10.920barrister that was to be my job but after i assessed brendan's skills and the role that
00:12:17.160i'm taking in this inquiry and the fact that i'm likely to testify it simply wasn't proper to have
00:12:22.280me be the barrister but brendan's doing a terrific job but when he did his opening statement you'll
00:12:27.800You'll recall, Andrew, that he was very straightforward and he laid out, here's the four things that the government has to establish, you know, that there was acts of sabotage or espionage.
00:12:41.800There will be no evidence of espionage.
00:12:44.240There will be that they have to establish that there was threats of serious violence against persons and property.
00:36:01.480Work has already begun on crafting it.
00:36:03.600We worked on it earlier this week at the caucus retreat.
00:36:06.520We still have further work to do, but I've asked for it to be ready by the time I take my seat in the legislature.
00:36:11.000We will then introduce it, and we will pass it, and we will use it to push Ottawa back into its own lane every single time that they step out of line and intrude on our constitutional rights.
00:36:22.720Alberta will no longer ask permission from Ottawa to be prosperous and free.
00:39:23.900During your campaign, you said that not only would you issue an apology
00:39:26.920to those prosecuted during COVID restrictions,
00:39:29.220but you would also grant them amnesty. When can we expect those apologies?
00:39:33.560I can apologize right now. I'm deeply sorry for anyone who was inappropriately subjected
00:39:41.840to discrimination as a result of their vaccine status. I'm deeply sorry for any government
00:39:48.400employee that was fired from their job because of their vaccine status, and I welcome them
00:39:53.460back if they want to come back. As for the amnesty, I have to get some legal advice on
00:39:58.380So I've already asked my staff to request that advice so I can see how we would be able to proceed on that.
00:40:06.380My view has been that these were political decisions that were made,
00:40:10.380and so I think that they could be political decisions to offer a reversal.
00:40:14.380But I do want to get some legal advice on that first.
00:40:17.380Would that also have to do with the timeline for the proposed amnesty?
00:40:20.380I would have to see. If I can do it, I would do it at the earliest opportunity.
00:40:25.380So that was a clip courtesy of our friends over at Rebel News on the spot says yes I am going to issue us Premier of Alberta an apology to the unvaccinated for what they have suffered and again that was a very clear position that she took and I think it was a very important one and I think there's a reason that has done as well globally so well online.
00:40:55.160Now, obviously, she's not after Rob Schneider's votes, unless Rob Schneider has some property in Grand Prairie I don't know about, but she is after the votes of ordinary Albertans that were put in an incredibly difficult situation by their government, which was so far unflinching in defending these mandates, even when they had previously said they would never, ever happen.
00:41:16.140And Danielle Smith also said that despite that comment that the Calgary Herald reported on from her new health minister, Jason Copping, mandates and restrictions are not coming back for COVID.
00:41:26.920We are moving beyond that, and I think that is a very clear message that Albertans needed to hear.
00:41:32.080So I hope you'll forgive the little dalliance away from the Public Order Emergency Commission, but it was too big to not talk about, and I think this is what we'll do.
00:41:39.660We'll spend most of the shows dealing with the Public Order Emergency Commission and then as other things come up that tie in or maybe they don't tie in, we'll bring them in and we'll try to do a well-rounded show for you.
00:41:50.280But truly, I want to just say thank you to all of you who have been supporters of me, supporters of True North, not just throughout the last few weeks and months, but throughout the Freedom Convoy, throughout the last federal elections, whether you joined us four years ago or you joined us four minutes ago in the middle of this show.
00:42:06.200I thank you so much for it. Please do. If you want to see more of this, head on over to donate.tnc.news
00:42:12.760and you can make a one-time donation. You can sign up for a recurring donation and you can
00:42:17.860keep the lights on, which is sometimes in this studio literal, not figurative. If the lights go
00:42:22.480out midway through, I'm immediately pivoting to a fundraising pitch. But these ones we just got,
00:42:27.080so I think we're good for a few months anyway. But to all of you, have a great day. Thank you
00:42:31.800so much for tuning in. We'll talk to you on Wednesday with more of Canada's Most Irreverent
00:42:36.300Talk Show. Thank you, God bless, and good day to you all. Thanks for listening to The Andrew Lawton
00:42:42.580Show. Support the program by donating to True North at www.tnc.news.