Justin Trudeau sends the Canadian military on a friendship mission to China, while Chinese military veterans start a legion here in Canada. And a Chinese dissident is trying to sue the Prime Minister for defamation because he thinks Trudeau is too soft on China.
00:10:15.140Members of the Canada Chinese Veterans Society like to gather and pay homage to the forces that crushed the Tiananmen Square protests in Canada.
00:11:14.140Dressed in the uniform of China's People's Liberation Army,
00:11:17.140the 40 or so singers stood proudly in neat rows and belted out an old favorite.
00:11:23.140I am a soldier talks of defeating the Japanese, vanquishing Nationalist leader Chiang Kai-shek in the Communist Revolution,
00:11:31.140and being tested by the Revolutionary War.
00:11:33.140The performance brought forth a whirlwind of Chinese military spirit in a foreign land, said a report on the concert.
00:11:40.140This recital earlier this month at the Center for Performing Arts in Richmond Hill, Ontario, was not offered by a visiting martial choir from Beijing.
00:11:48.140It was the work of a surprising new Canadian association dedicated to retired troops of the Canadian people...
00:11:54.140China's People's Liberation Army, or PLA, China's armed forces, who are now settled in this country.
00:12:00.140I'm not going to read the end of the story, but it goes on in this vein for...
00:12:04.140It's fascinating. I recommend the story.
00:12:06.140Let me read just a couple of final paragraphs, okay?
00:12:09.140In a free country, the society members have every right to commemorate their military backgrounds and retain a fondness for their country of origin,
00:12:16.140noted Christian Luprecht, a political science professor at RMC.
00:12:20.140But if you take on Canadian citizenship, then you sign up for a certain loyalty to our country, and particularly loyalty to our values, our way of life, he said.
00:12:29.140Ha ha! What country are you talking about, professor?
00:12:32.140That may be incompatible with proud membership in a veterans group whose military reports directly to the Chinese Communist Party
00:12:38.140and contributes to instability domestically and internationally, said Luprecht.
00:12:43.140Wang, a Beijing native whose Tiananmen book, Inconvenient Memories, was published in May, suggested the leaders of the veterans group are likely China loyalists,
00:12:52.140while some other members may simply feel nostalgic for their youth.
00:12:55.140But even casual participation cannot be justified, she argued.
00:12:59.140We all said our oath of citizenship, said Wang, who came to Canada in 2006.
00:13:04.140The moment we became a Canadian, we swore to be loyal to our adopted country and abandon our loyalty to the home country.
00:13:09.140If they are permanent residents, I suggest the government take this record into consideration when they apply for citizenship.
00:13:15.140Ha ha ha! I'm sorry! I love that! I love that!
00:13:19.140Do you think any immigrants have to take a values test before Justin Trudeau admits them to Canada as citizens?
00:13:25.140I mean, Quebec is taking baby steps talking about that now, but they won't cover this, loyalty to a communist military regime.
00:13:32.140In Canada, immigrants don't even have an in-person interview anymore.
00:13:37.140Ha! And imagine anyone thinking that Justin Trudeau, of all people, would bring in such a values test,
00:13:44.140and against Chinese communists, of all people.
00:13:47.140Heck, I'm surprised that Trudeau didn't invite this team of communist war veterans to have a special delegation
00:17:34.140So, getting past that first hurdle, what has to happen to go further, and did anything come from getting through that first hurdle in those cases?
00:17:46.140I'm trying to learn a little more about private prosecutions from you, a guy who's actually done them, before we move on to talk about Trudeau.
00:17:55.140The first step is you just appear before a justice of a peace, and you provide them the paperwork stating exactly who the person is,
00:18:04.140what the date of the offense is, and what criminal charge you are trying to prosecute the person on.
00:18:11.140And all the JP does at that level is verify that you're actually seeking a charge that exists,
00:18:17.140because a lot of times people don't read through the criminal code very carefully.
00:18:22.140Once that process is done, he sets a date for you to appear in camera, meaning that only I get to appear, the Crown gets to appear,
00:18:31.140the person who's accused of the offense, he's not allowed to be there, he's not allowed to have any lawyers there,
00:18:37.140no evidence from his side is allowed to be permitted, and I present the evidence that I have,
00:18:43.140and then the court makes a decision whether or not to issue a charge.
00:18:47.140Once the charge is issued at that level, it then goes to the police, and they have to serve the summons to the accused to appear in court to respond to the charges.
00:18:58.140Generally, the Crown then takes over the case at the first court appearance, and then they follow through their normal process of whether or not they stay the charge or prosecute the person.
00:19:09.140In the examples that I've done with OPP officers, of course, the Ontario government immediately jumped in and stayed all the charges at the first court appearance.
00:19:18.140There were some charges I did get against some of the native protesters that the Crown did prosecute and did get convictions on.
00:19:26.140Oh, interesting. So, obviously, when you went after the police themselves, I would imagine their internal affairs may have looked at it,
00:19:34.140and they said, no, this is too political, this is, they probably called it a stunt, and they took it over and quashed it.
00:19:40.140But you're saying that in some of the private prosecutions, you had the law right, you had the facts right, you had the accused right,
00:19:49.140and so the Crown said, yeah, he's got us there, and they took it over and took those to completion.
00:19:55.140Is that what you're saying? Some of your private prosecutions resulted in a conviction?
00:20:02.140For some of the native protesters, there was at least two that I used to charge against.
00:20:07.140Actually, there was three, and the Crown reached a deal with two of them for a peace bond, and the third one was convicted of assault.
00:20:15.140Isn't that interesting? So, I mean, I've never, I mean, I haven't been a practicing lawyer in 15 years,
00:20:23.140so this is a very rare procedure that I don't think one in a hundred Canadian lawyers has done a private prosecution.
00:20:31.140Sounds like you've done more than one. So, what is happening in Ottawa on Monday?
00:20:37.140Well, I've done the formal issuing of the step one. I did that in Hamilton.
00:20:43.140You can go to any court to swear out the information. That's what they call the charge sheet.
00:20:49.140But the charges, all criminal cases have to be heard in the jurisdiction of where the crime was allegedly committed.
00:20:56.140And so, I have to drive to Ottawa on Monday to present the evidence there before a justice of the peace,
00:21:02.140that Justin Trudeau did commit obstructing justice under the criminal code.
00:21:08.140And is that the hearing that's private, where the Crown is there as well, Trudeau's lawyers are not,
00:21:16.140and you have to convince that judge to issue a charge? Is that the step we're talking about?
00:21:22.140Yes, that's the step. And I'm allowed to call witnesses if I want. On Monday, I will be presenting the evidence that's already on the Justice Department's website.
00:21:34.140There's the taped phone calls. There's the sworn testimony from various people. There's some video.
00:21:43.140And so, I'll present all that step by step and go through the, I'll present also the case law on what are the elements needed for each charge that I'm alleging.
00:21:53.140And as long as I provide some evidence for each one of the elements, the justice piece must issue the charge.
00:21:59.140Huh. Now, are you, from a procedure point of view, do you know if the Crown will be there?
00:22:09.140Have they been in contact with you? Has the Justice Department assigned lawyers to this case?
00:22:16.140Are they taking it seriously, or do they regard this as a gimmick?
00:22:20.140Well, the Crown's always there. There's always a Crown in every criminal courtroom in this country.
00:22:27.140And so, there will be a Crown. It won't be assigned just for this particular case, because what will happen on that day is any other private prosecution,
00:22:37.140and they are becoming more common. And any peace bonds that people are trying to get, which are also done in camera,
00:22:43.140those will all be assigned to one courtroom. So, the Crown will handle all those cases in one day.
00:22:48.140Someone else attempted to lay this charge three weeks ago. They got the paperwork wrong. I did drive up to Ottawa to present the evidence,
00:22:59.140and the Crown withdrew it before we even got into the courtroom. But they did give a very detailed explanation to the court,
00:23:07.140and we ordered a transcript, and it seemed like they took it seriously. They just saw all the flaws in the paperwork,
00:23:14.140and said, based on the errors in the paperwork, it shouldn't proceed. And so, that's why I re-swore out the information in Ottawa,
00:28:02.140So, we were thinking of sending a reporter on Monday, but you're saying the entire court is evacuated while you make your case.
00:28:10.140I suppose afterwards, you would be able to give an update and we would also know if the Crown had immediately disposed of the case.
00:28:20.140So, perhaps it is worth attending in court on Monday anyways. Am I right?
00:28:24.140Well, certainly you can attend and I can give you a copy of the evidence I'm going to present.
00:28:29.140And obviously, afterwards, I can give an update of exactly what took place.
00:28:35.140I actually expect there's a 50-50 chance the Crown is going to let me present all the evidence.
00:28:42.140And if the evidence is presented, there's no doubt in my mind that the charges will go forward.
00:28:47.140I will say that I did win at the Court of Appeal.
00:28:51.140I'm one of the few people who have ever challenged the Crown withdrawal on a criminal charge.
00:28:55.140The Court of Appeal did agree with me and re-established the private prosecution that the Crown had withdrawn.
00:29:04.140So, there are limits on what they're allowed to do.
00:29:07.140Well, listen, this is all very new to me.
00:29:11.140I think it would be new to most practicing lawyers, and I'm not a practicing lawyer.
00:29:16.140I think it would be new to most criminal lawyers because it's so rare.
00:29:20.140It's interesting to me that you have used this legal procedure in the past, including with some success.
00:29:27.140And as you said, you've actually litigated it to the Court of Appeal.
00:29:30.140I have to tell you that I'm skeptical that this will move forward.
00:29:34.140If the RCMP has not acted, if a letter from five attorneys general across the country did not press them to act.
00:29:42.140And I know the Justice Department is right in the middle of it.
00:29:45.140It's their own operations that were allegedly compromised by corruption.
00:29:50.140This is a case that reaches to the very highest heights of this country.
00:29:55.140In fact, the Prime Minister's office talked about bringing in Beverly McLaughlin, the former Chief Justice of the Supreme Court, to settle it down.
00:30:04.140So this goes straight to the top, Gary.
00:30:06.140I would be surprised if a Justice of the Peace said, yeah, go lay charges against the Prime Minister.
00:30:13.140I would be very surprised if that happened.
00:30:15.140But this story has been a story of surprises.
00:30:18.140I think we will send someone to the court on Monday, and I wish you well.