Volume 19 (November 8, 2022)

(jump to testimony)

Volume 19 has 297 pages of testimony. 30 people spoke before the Commission, including 3 witnesses.

Very important disclaimer: testimony from this site should not be taken as authoritative; check the relevant public hearing for verbatim quotes and consult the associated transcript for the original written text. For convenience, testimony includes links directly to the relevant page (where a speaker started a given intervention) in the original PDF transcripts.

The testimony below is converted from the PDF of the original transcript, prepared by Sandrine Martineau-Lupien.

Speakers, by number of times they spoke:

  1. Dana Earley, Superintendent (Supt) - Ontario Provincial Police / Government of Ontario (ON-OPP) (spoke 673 times)
  2. Paul Leschied - Convoy participants, Windsor (spoke 323 times)
  3. Frank Au, Senior Counsel - Public Order Emergency Commission (POEC) (spoke 275 times)
  4. Marco Van Huigenbos, Councillor - Fort Macleod (spoke 274 times)
  5. Alexandra Heine, Counsel - Public Order Emergency Commission (POEC) (spoke 168 times)
  6. Allison McMahon, Counsel - Public Order Emergency Commission (POEC) (spoke 163 times)
  7. Tom Curry, Counsel - Peter Sloly (spoke 145 times)
  8. Paul Rouleau, Commissioner - Public Order Emergency Commission (POEC) (spoke 96 times)
  9. Andrea Gonsalves, Counsel - Government of Canada (GC) (spoke 79 times)
  10. Sajeda Hedaraly, Counsel - Public Order Emergency Commission (POEC) (spoke 77 times)
  11. Cynthia Lau, Counsel - Government of Canada (GC) (spoke 75 times)
  12. Ryann Atkins, Counsel - Government of Canada (GC) (spoke 60 times)
  13. Alan Honner, Counsel - Democracy Fund / Citizens for Freedom / Justice Centre for Constitutional Freedoms Coalition (DF / CfF / JCCF) (spoke 55 times)
  14. Thomas McRae, Counsel - Windsor Police Service / City of Windsor (Win-WPS) (spoke 54 times)
  15. Lani Rouillard, Counsel - Paul Leschied (spoke 41 times)
  16. Jennifer L. King, Counsel - City of Windsor (Win) (spoke 37 times)
  17. Stephanie Bowes, Counsel - Government of Alberta (AB) (spoke 29 times)
  18. Martin Rejman, Counsel - Marco Van Huigenbos (spoke 28 times)
  19. The Registrar - Public Order Emergency Commission (POEC) (spoke 16 times)
  20. Jessica Barrow, Counsel - Ottawa Police Service / City of Ottawa (Ott-OPS) (spoke 11 times)
  21. Anne Tardif, Counsel - City of Ottawa (Ott) (spoke 4 times)
  22. Jinan Kubursi, Counsel - Ontario Provincial Police / Government of Ontario (ON-OPP) (spoke 3 times)
  23. Antoine D’Ailly, Counsel - Democracy Fund / Citizens for Freedom / Justice Centre for Constitutional Freedoms Coalition (DF / CfF / JCCF) (spoke 2 times)
  24. Bath-Sheba Van den Berg, Counsel - Freedom Corp / Convoy Organizers (spoke 2 times)
  25. Nikolas De Stefano, Counsel - Peter Sloly (spoke 2 times)
  26. The Clerk - Public Order Emergency Commission (POEC) (spoke 2 times)
  27. Unidentified speaker (spoke 2 times)
  28. Emilie Taman, Counsel - Ottawa Coalition of Residents and Businesses (spoke 1 time)
  29. Eva Chipiuk, Counsel - Freedom Corp / Convoy Organizers (spoke 1 time)
  30. Lauren Pearce, Counsel - National Police Federation (spoke 1 time)

Upon commencing on Tuesday, November 8, 2022 at 9:30 a.m.

The Registrar (POEC)

Order. À l’ordre. The Public Order Emergency Commission is now in session. La Commission sur l’état d’urgence est maintenant ouverte.

Volume 19 (November 8, 2022), page 7 19-007-03

Paul Rouleau, Commissioner (POEC)

Good morning. Bonjour. Another beautiful day in Ottawa. Okay. We have a -- let me guess; another witness.

Volume 19 (November 8, 2022), page 7 19-007-06

Frank Au, Senior Counsel (POEC)

Good morning, Commissioner.

Volume 19 (November 8, 2022), page 7 19-007-12

Frank Au, Senior Counsel (POEC)

It’s Frank Au for the Commission, and our next witness is Superintendent Dana Earley from the OPP. (SHORT PAUSE)

Volume 19 (November 8, 2022), page 7 19-007-14

The Registrar (POEC)

For the record, please state your full name and spell it out.

Volume 19 (November 8, 2022), page 7 19-007-17

Dana Earley, Supt (ON-OPP)

Dana Earley. Dana is D-a-n- a; Earley is E-a-r-l-e-y.

Volume 19 (November 8, 2022), page 7 19-007-19

SUPT. DANA EARLEY, Sworn

EXAMINATION IN-CHIEF BY MR. FRANK AU

Frank Au, Senior Counsel (POEC)

Good morning, Superintendent Earley.

Volume 19 (November 8, 2022), page 7 19-007-24

Frank Au, Senior Counsel (POEC)

It’s good to see you again.

Volume 19 (November 8, 2022), page 7 19-007-27

Dana Earley, Supt (ON-OPP)

Thank you. You as well.

Volume 19 (November 8, 2022), page 7 19-007-28

Frank Au, Senior Counsel (POEC)

So you attended an interview with me and my Commission colleagues back on the 9th of September?

Volume 19 (November 8, 2022), page 8 19-008-01

Frank Au, Senior Counsel (POEC)

And a summary of that interview was prepared afterwards. I understand that you recently had an opportunity to review that summary, and there's some corrections you’d like to make.

Volume 19 (November 8, 2022), page 8 19-008-04

Frank Au, Senior Counsel (POEC)

So if we can bring up that document; it’s WTS00000022. (SHORT PAUSE)

Volume 19 (November 8, 2022), page 8 19-008-09

Frank Au, Senior Counsel (POEC)

If we go to page 13. So I understand there are two corrections you’d like to make on this page, and the first correction is at the first paragraph; am I right?

Volume 19 (November 8, 2022), page 8 19-008-12

Dana Earley, Supt (ON-OPP)

No, it’s actually just the third paragraph, in regards to decision-making. I just wanted to make it clear that ultimate decisions in regards to the Operation Plan were mine.

Volume 19 (November 8, 2022), page 8 19-008-16

Frank Au, Senior Counsel (POEC)

Okay. The third paragraph that starts with, “Following this call,” right?

Volume 19 (November 8, 2022), page 8 19-008-20

Frank Au, Senior Counsel (POEC)

So tell us what exactly you want changed.

Volume 19 (November 8, 2022), page 8 19-008-23

Dana Earley, Supt (ON-OPP)

There is a sentence there that indicates the direction came from the Commissioner and Deputy Commissioner Harkins. That is incorrect; the decision to move forward was mine.

Volume 19 (November 8, 2022), page 8 19-008-25

Frank Au, Senior Counsel (POEC)

Okay. So that sentence that starts with, “She informed them that the change in direction came from Commissioner Carrique and Deputy Commissions Harkins.” Should be deleted, right?

Volume 19 (November 8, 2022), page 9 19-009-01

Frank Au, Senior Counsel (POEC)

And I understand that the first sentence that reads currently, “Following this call, at 7:06 p.m., Superintendent Earley advised her command table that they should proceed,” you want that revised as, “advised her command table that she had decided that they would proceed”; am I right?

Volume 19 (November 8, 2022), page 9 19-009-06

Frank Au, Senior Counsel (POEC)

So I thought there was another change you wanted to make to the first paragraph; no?

Volume 19 (November 8, 2022), page 9 19-009-12

Frank Au, Senior Counsel (POEC)

Okay. All right.

Volume 19 (November 8, 2022), page 9 19-009-15

Frank Au, Senior Counsel (POEC)

So is there any other corrections you’d like to make?

Volume 19 (November 8, 2022), page 9 19-009-17

Frank Au, Senior Counsel (POEC)

Okay. So we’ll have those corrections made and this will be entered into evidence. Now, you’re a Superintendent with the Ontario Provincial Police?

Volume 19 (November 8, 2022), page 9 19-009-20

Frank Au, Senior Counsel (POEC)

And how many years have you served with the OPP?

Volume 19 (November 8, 2022), page 9 19-009-25

Dana Earley, Supt (ON-OPP)

Twenty-eight (28) years now.

Volume 19 (November 8, 2022), page 9 19-009-27

Frank Au, Senior Counsel (POEC)

Did you start your policing career with the OPP?

Volume 19 (November 8, 2022), page 9 19-009-28

Frank Au, Senior Counsel (POEC)

And back in January when the Freedom Convoy events began, you were a Strategic Commander for the West Region.

Volume 19 (November 8, 2022), page 10 19-010-03

Dana Earley, Supt (ON-OPP)

Yes, that’s correct.

Volume 19 (November 8, 2022), page 10 19-010-06

Frank Au, Senior Counsel (POEC)

What areas were covered by the West Region?

Volume 19 (November 8, 2022), page 10 19-010-07

Dana Earley, Supt (ON-OPP)

West Region is basically Collingwood all the way down to Windsor, all the municipalities in that area that do not have their own police service, is the responsibility of West Region OPP.

Volume 19 (November 8, 2022), page 10 19-010-09

Frank Au, Senior Counsel (POEC)

And how many superintendents were there for that region?

Volume 19 (November 8, 2022), page 10 19-010-13

Dana Earley, Supt (ON-OPP)

There’s three Superintendents.

Volume 19 (November 8, 2022), page 10 19-010-15

Frank Au, Senior Counsel (POEC)

Who are the other two?

Volume 19 (November 8, 2022), page 10 19-010-17

Dana Earley, Supt (ON-OPP)

At the time it was Supt. Frankie Campisi, and Supt. Lisa Darling.

Volume 19 (November 8, 2022), page 10 19-010-18

Frank Au, Senior Counsel (POEC)

Okay. And do all three of you report to a Chief Superintendent?

Volume 19 (November 8, 2022), page 10 19-010-20

Dana Earley, Supt (ON-OPP)

Yes, that’s correct.

Volume 19 (November 8, 2022), page 10 19-010-22

Frank Au, Senior Counsel (POEC)

Who was that in January?

Volume 19 (November 8, 2022), page 10 19-010-23

Dana Earley, Supt (ON-OPP)

It is C/Supt. Dwight Thib.

Volume 19 (November 8, 2022), page 10 19-010-24

Frank Au, Senior Counsel (POEC)

Okay. And as a Superintendent of the West Region, what were your responsibilities back in January of this year?

Volume 19 (November 8, 2022), page 10 19-010-25

Dana Earley, Supt (ON-OPP)

As part of my responsibilities, I support four of the 13 detachments that we have in West Region; and, also, I support the Operational Support Inspector, and take on the role of Strategic Commander.

Volume 19 (November 8, 2022), page 10 19-010-28

Frank Au, Senior Counsel (POEC)

Okay. And at that time were you based in London?

Volume 19 (November 8, 2022), page 11 19-011-04

Frank Au, Senior Counsel (POEC)

And I understand that on the 9th of February, you assumed a new role when D/Comm. Harkins appointed you as the Critical Incident Commander in Windsor.

Volume 19 (November 8, 2022), page 11 19-011-07

Dana Earley, Supt (ON-OPP)

That’s correct. I received a call from D/Comm. Harkins on the night of February 9th.

Volume 19 (November 8, 2022), page 11 19-011-10

Frank Au, Senior Counsel (POEC)

And we heard from D/Chief Crowley yesterday from the Windsor Police Service that you established the joint or unified command with the Windsor Police Service that oversaw all the successful resolution of the blockade in Windsor.

Volume 19 (November 8, 2022), page 11 19-011-12

Frank Au, Senior Counsel (POEC)

So we’ll come to those events a bit later.

Volume 19 (November 8, 2022), page 11 19-011-18

Frank Au, Senior Counsel (POEC)

But I want to start by asking you about your training and experience that qualified you to take on those roles in January and February. Let’s begin with your background with the Incident Command system. What kind of training have you received?

Volume 19 (November 8, 2022), page 11 19-011-21

Dana Earley, Supt (ON-OPP)

I have been a crisis negotiator for 13 years of my career, and crisis negotiators are used quite often in incidents, so I had experience that way. I am an Incident Commander as well as of 2012, and then in 2017, I was trained to become a Critical Incident Commander.

Volume 19 (November 8, 2022), page 11 19-011-27

Frank Au, Senior Counsel (POEC)

And in terms of the courses that you had to attend before you assumed those roles, tell us about that, too.

Volume 19 (November 8, 2022), page 12 19-012-04

Dana Earley, Supt (ON-OPP)

The Critical Incident Commander is a four-week course where you receive training in regards to larger incidents; how to manage them, communication, the execution, the options. You hear several different presentations from your subject matter experts, which include our Emergency Response Team.

Volume 19 (November 8, 2022), page 12 19-012-07

Paul Rouleau, Commissioner (POEC)

Could I ask you ---

Volume 19 (November 8, 2022), page 12 19-012-13

Paul Rouleau, Commissioner (POEC)

--- to go a little slower for the interpreters, please?

Volume 19 (November 8, 2022), page 12 19-012-15

Dana Earley, Supt (ON-OPP)

Sure. My apologies. Subject matter experts, that would include crisis negotiators, our Emergency Response Team, our Tactical Rescue Unit, our canine units, all options that would be used in a critical incident.

Volume 19 (November 8, 2022), page 12 19-012-17

Frank Au, Senior Counsel (POEC)

And which institution offer that course?

Volume 19 (November 8, 2022), page 12 19-012-22

Dana Earley, Supt (ON-OPP)

It’s through the OPP.

Volume 19 (November 8, 2022), page 12 19-012-24

Frank Au, Senior Counsel (POEC)

And what year did you complete those ---

Volume 19 (November 8, 2022), page 12 19-012-25

Dana Earley, Supt (ON-OPP)

Two thousand and seventeen (2017).

Volume 19 (November 8, 2022), page 12 19-012-27

Frank Au, Senior Counsel (POEC)

Were there different levels of training for an Incident Commander or Critical Incident Commander?

Volume 19 (November 8, 2022), page 13 19-013-01

Dana Earley, Supt (ON-OPP)

The Critical Incident Commander with the OPP is somewhat the highest at this point, ---

Volume 19 (November 8, 2022), page 13 19-013-04

Dana Earley, Supt (ON-OPP)

--- as far as the training.

Volume 19 (November 8, 2022), page 13 19-013-08

Frank Au, Senior Counsel (POEC)

And I understand you met some colleagues that you worked with ultimately when you were deployed to Windsor in February.

Volume 19 (November 8, 2022), page 13 19-013-09

Dana Earley, Supt (ON-OPP)

Yes, that’s correct. I took the Critical Incident Command course with now Interim Chief Jason Bellaire of Windsor Police.

Volume 19 (November 8, 2022), page 13 19-013-12

Frank Au, Senior Counsel (POEC)

And now you also took on some leadership training more recently. Tell us about that, too.

Volume 19 (November 8, 2022), page 13 19-013-15

Dana Earley, Supt (ON-OPP)

I was fortunate enough to complete the Canadian Police College Executive Leadership in Policing course, which is a year course. And I also finished the Rotman Leadership Course just in the fall of 2021.

Volume 19 (November 8, 2022), page 13 19-013-17

Frank Au, Senior Counsel (POEC)

And you met another colleague who was to work in the Windsor Incident Command; right?

Volume 19 (November 8, 2022), page 13 19-013-21

Frank Au, Senior Counsel (POEC)

Who was that?

Volume 19 (November 8, 2022), page 13 19-013-24

Dana Earley, Supt (ON-OPP)

Inspector Karel DeGraaf and I completed the Rotman course together.

Volume 19 (November 8, 2022), page 13 19-013-25

Frank Au, Senior Counsel (POEC)

Okay. And isn’t it true that you not only attended those courses and you had experience as an Incident Commander and Critical Incident Commander, you also taught courses in that regard?

Volume 19 (November 8, 2022), page 13 19-013-27

Dana Earley, Supt (ON-OPP)

Yes, I have debriefed different calls on the Incident Command course as well as the Critical Incident Command course.

Volume 19 (November 8, 2022), page 14 19-014-03

Frank Au, Senior Counsel (POEC)

Now, there are two frameworks that we’ve heard a little about that, as I understand from our interview, kind of guided you when you approached the situation in Windsor. One was the OPP framework for police preparedness for Indigenous Critical Incidents. For those of us who are not familiar with that framework, can you tell us -- give us a quick overview of what that is?

Volume 19 (November 8, 2022), page 14 19-014-06

Dana Earley, Supt (ON-OPP)

It stresses the importance of communication and a tiered response, almost like a stepladder that you explore different options amongst -- during the incident to see what option would be best to safely resolve it. An important part of that policy is the fact, as I said, communication and also the introduction of our provincial liaison team. That’s part -- a key part of the framework as well.

Volume 19 (November 8, 2022), page 14 19-014-14

Frank Au, Senior Counsel (POEC)

Okay. We’ll come to a little bit more about that. And the other framework is the CACP, or Canadian Association of Chief of Police, national framework. And you mentioned in our interview that that was consistent with the OPP critical policy. Tell us more about that.

Volume 19 (November 8, 2022), page 14 19-014-22

Dana Earley, Supt (ON-OPP)

That’s correct. It certainly highlights communication and the different tiered responses depending on the situation.

Volume 19 (November 8, 2022), page 14 19-014-28

Frank Au, Senior Counsel (POEC)

So were you familiar with both frameworks when you took on the role of Critical Incident Commander in February?

Volume 19 (November 8, 2022), page 15 19-015-03

Frank Au, Senior Counsel (POEC)

All right. Let’s turn now to -- before we get to your role as the Critical Incident Commander in February, I want to start with your role as the Strategic Commander for the West Region in January. So that was when you were still working out of London, Ontario.

Volume 19 (November 8, 2022), page 15 19-015-07

Frank Au, Senior Counsel (POEC)

And what -- you talked to us a little bit about your responsibilities as the Strategic Commander, but what, specifically, were your involvement with respect to the Freedom Convoy or the protests travelling through the west?

Volume 19 (November 8, 2022), page 15 19-015-14

Dana Earley, Supt (ON-OPP)

We had -- at the time, we had numerous slow rolls and protests happening throughout our different municipalities. I had oversight on the events, worked with the Operational Support Inspector and each Detachment Commander to ensure that we had the proper resources to effectively look after the protests or slow rolls that were going through our municipalities.

Volume 19 (November 8, 2022), page 15 19-015-19

Frank Au, Senior Counsel (POEC)

Now, when Commissioner Carrique testified at the hearing, he told us about a blockade on Highway 402 on or around February the 6th. Were you familiar with that incident?

Volume 19 (November 8, 2022), page 15 19-015-26

Dana Earley, Supt (ON-OPP)

Yes, I was involved in that incident.

Volume 19 (November 8, 2022), page 16 19-016-02

Frank Au, Senior Counsel (POEC)

Tell us about your involvement.

Volume 19 (November 8, 2022), page 16 19-016-04

Dana Earley, Supt (ON-OPP)

On February 6th, which was a Sunday, we became aware that the protestors had blocked the bridge, the Blue Water Bridge, in Lampton County. As a result, our Provincial Liaison Team as well as our frontline members were deployed to the area. Our Provincial Liaison Team were able to develop a rapport and a relationship with the protestors and, ultimately, there was a number of different trucks that weren’t able to cross the border at that time, and one of them ultimately was a friend of one of the protestors. And one of the truck drivers -- I believe it was livestock. He had some -- he was travelling with something that needed to be in a certain area by a certain time. PLT liaised with the ruck driver that was stuck and with the protestors and were able to work out the opening of the bridge, so that was a success. The bridge did reopen. We also learned around that time that that group or similar to that group of protestors were planning on doing a slow roll on Highway 402 that week. So we liaised with the organizers of the slow roll and -- to try to find out as much information as possible so that we could have the proper resources in place.

Volume 19 (November 8, 2022), page 16 19-016-05

Frank Au, Senior Counsel (POEC)

So first with respect to the incident on the Blue Water Bridge, how long did it take to resolve that event?

Volume 19 (November 8, 2022), page 16 19-016-26

Dana Earley, Supt (ON-OPP)

I’d have to make reference to my notes, but I know it was maybe two hours, at most two to three hours.

Volume 19 (November 8, 2022), page 17 19-017-01

Frank Au, Senior Counsel (POEC)

So it was really short.

Volume 19 (November 8, 2022), page 17 19-017-04

Frank Au, Senior Counsel (POEC)

And was Highway 402 the highway that led to Sarnia, the Blue Water Bridge?

Volume 19 (November 8, 2022), page 17 19-017-06

Frank Au, Senior Counsel (POEC)

And would that be within the OPP jurisdiction of the police?

Volume 19 (November 8, 2022), page 17 19-017-09

Dana Earley, Supt (ON-OPP)

Highway 402 is, correct.

Volume 19 (November 8, 2022), page 17 19-017-11

Frank Au, Senior Counsel (POEC)

Okay. Now, you spoke about other slow roll events and we heard a little bit about that yesterday from Deputy Chief Crowley. What other protests or slow rolls were happening in the West Region around that time?

Volume 19 (November 8, 2022), page 17 19-017-12

Dana Earley, Supt (ON-OPP)

If memory serves me, we almost had a slow roll in each municipality, but ones that I can recall specifically would be Essex County, Norfolk County, Brant County, South Bruce County, Huron County, so there was quite a few.

Volume 19 (November 8, 2022), page 17 19-017-17

Frank Au, Senior Counsel (POEC)

And as the Strategic Commander at that time responsible for these events, what steps did you take to monitor the situation or to prepare for any further escalation of the events?

Volume 19 (November 8, 2022), page 17 19-017-22

Dana Earley, Supt (ON-OPP)

Each event was specifically assigned to the Detachment Commander. He or she would then assign an Incident Commander to have oversight of the specific event happening in their area. They would also work with our Provincial Liaison Team to find out as much information from the protestors. And we would ensure, from a regional level, that they had the supports that they needed.

Volume 19 (November 8, 2022), page 17 19-017-26

Frank Au, Senior Counsel (POEC)

Now, were you a recipient of the OPP Hendon Reports?

Volume 19 (November 8, 2022), page 18 19-018-05

Frank Au, Senior Counsel (POEC)

And did you read them regularly?

Volume 19 (November 8, 2022), page 18 19-018-08

Dana Earley, Supt (ON-OPP)

Yes, but I focused on the areas that were involving our municipalities.

Volume 19 (November 8, 2022), page 18 19-018-09

Frank Au, Senior Counsel (POEC)

So turning now -- turning our attention now to Windsor, we heard yesterday that there was a Hendon Report on February the 4th that deals specifically with the potential blockade. So I could take you to that report. The document number is OPP00000825. If we go to page 6, please. If we go down -- so you see the second bullet says: “Commercial truck drivers and supporters may conduct slow rolls on roadways near the Ambassador Bridge over the next three days and may attempt to block bridge on February 7.” So this seems to be -- compared to the earlier reports, this seems to be more specific warning particular to the bridge and with a date. Do you remember if you received this report or read it at around that time?

Volume 19 (November 8, 2022), page 18 19-018-11

Frank Au, Senior Counsel (POEC)

Okay. And do you know what actions, if any, were taken by the OPP to mitigate that risk?

Volume 19 (November 8, 2022), page 19 19-019-01

Dana Earley, Supt (ON-OPP)

I can speak to February 7th. That’s when I became aware through Superintendent Crowley, now Interim Deputy Chief, that the bridge had been blocked. I received an email from him. I then had a conversation with him asking him what he needed, and at that time, he was looking for information in regards to what was available. I said basically whenever you needed ---

Volume 19 (November 8, 2022), page 19 19-019-03

Frank Au, Senior Counsel (POEC)

I think I know the one you’re referring to. Did you say February the 7th?

Volume 19 (November 8, 2022), page 19 19-019-11

Dana Earley, Supt (ON-OPP)

Seventh. That’s ---

Volume 19 (November 8, 2022), page 19 19-019-13

Frank Au, Senior Counsel (POEC)

But before we get to that, I think there was another email earlier that you were copied on, so if I could take you to that earlier email?

Volume 19 (November 8, 2022), page 19 19-019-14

Frank Au, Senior Counsel (POEC)

I believe it’s dated February the 4th, and the document number is WPS000001880. So for context, I believe this is an email from Chief Superintendent Thib to ---

Volume 19 (November 8, 2022), page 19 19-019-18

Frank Au, Senior Counsel (POEC)

--- Deputy Chief Crowley, and you were copied on that. So you see the headings, “Windsor Slow Roll” ---

Volume 19 (November 8, 2022), page 19 19-019-23

Frank Au, Senior Counsel (POEC)

--- “Bridge Protest”. So you weren’t the direct recipient but you were copied on this.

Volume 19 (November 8, 2022), page 19 19-019-27

Frank Au, Senior Counsel (POEC)

And so in this email, Chief Thib talked about the prospect. So if we go to the second line, he said, "Should intel be received or actioned by demonstrators thinking to shut down the Ambassador Bridge, don't hesitate to reach out for joint systems." (As read)

Volume 19 (November 8, 2022), page 20 19-020-03

Frank Au, Senior Counsel (POEC)

And then you were copied because you were overseeing the Emergency Response Team for the region. First of all, what were the responsibilities as -- for oversight over the Emergency Response Team? What's the Emergency Response Team?

Volume 19 (November 8, 2022), page 20 19-020-12

Dana Earley, Supt (ON-OPP)

So as part of the Strategic Commander, that's one of the teams that I support. So it's an oversight in regards to do they have the proper resources, training up to date. I work with their team lead in regards to making sure that they have what they need.

Volume 19 (November 8, 2022), page 20 19-020-17

Frank Au, Senior Counsel (POEC)

So in this email, it seems like the OPP was taking a kind of wait and see approach; is that fair?

Volume 19 (November 8, 2022), page 20 19-020-22

Dana Earley, Supt (ON-OPP)

We were waiting to see what Windsor actually required. So in this email, Deputy Chief Crowley was obviously given my name because of my role as Strategic Commander.

Volume 19 (November 8, 2022), page 20 19-020-25

Frank Au, Senior Counsel (POEC)

And beyond waiting for a further request from Windsor, was there anything that in your view the OPP could do proactively to mitigate the risk at this point before the blockade materialized?

Volume 19 (November 8, 2022), page 21 19-021-01

Dana Earley, Supt (ON-OPP)

Not that I'm aware of.

Volume 19 (November 8, 2022), page 21 19-021-05

Frank Au, Senior Counsel (POEC)

Okay. Well, let's go then to February the 7th. Now you mention an email from Deputy Chief Crowley?

Volume 19 (November 8, 2022), page 21 19-021-06

Frank Au, Senior Counsel (POEC)

I believe that email is actually dated February the 8th, if we're thinking about the same email, so I'll call up that document, WPS00000 -- or 6 0s, WPS000000374. Now is this the email you had in mind or was there another one?

Volume 19 (November 8, 2022), page 21 19-021-10

Dana Earley, Supt (ON-OPP)

There was one prior, and we had a conversation as well.

Volume 19 (November 8, 2022), page 21 19-021-16

Frank Au, Senior Counsel (POEC)

Okay. So tell us about that earlier exchange.

Volume 19 (November 8, 2022), page 21 19-021-18

Dana Earley, Supt (ON-OPP)

It was basically confirming that the bridge had been blocked and that he was looking for an awareness of resources available. We then had a conversation. I wanted to confirm if he was asking for resources or if he was just trying to figure out options at that time. So I learned that he was trying to figure out options of what was available, and it was at that time that we had decided to send together -- jointly, we decided to send Provincial Liaison Team members to Windsor to see if they could assist.

Volume 19 (November 8, 2022), page 21 19-021-20

Frank Au, Senior Counsel (POEC)

M'hm. So is this email a follow- up to that earlier exchange?

Volume 19 (November 8, 2022), page 22 19-022-01

Frank Au, Senior Counsel (POEC)

And so when he was asking you, "I know your people are very spread out but my ask at this point is if we were to need to POU or PLT down here, what would availability be?" So it seems like he's ascertaining the potential availability of OPP resources.

Volume 19 (November 8, 2022), page 22 19-022-04

Dana Earley, Supt (ON-OPP)

Absolutely. He's looking for options.

Volume 19 (November 8, 2022), page 22 19-022-11

Frank Au, Senior Counsel (POEC)

And you'd mentioned earlier that you were sending some PLT members to Windsor.

Volume 19 (November 8, 2022), page 22 19-022-13

Frank Au, Senior Counsel (POEC)

Was that before or after this email?

Volume 19 (November 8, 2022), page 22 19-022-16

Dana Earley, Supt (ON-OPP)

That was immediately after. I believe they went down the -- like, that day, because the email's at two o'clock in the morning, so I wouldn't have got it until I woke up in the morning, but ---

Volume 19 (November 8, 2022), page 22 19-022-18

Frank Au, Senior Counsel (POEC)

So the sending of the two PLT members was a response to this request?

Volume 19 (November 8, 2022), page 22 19-022-22

Frank Au, Senior Counsel (POEC)

What about POU? He asked about POU here as well.

Volume 19 (November 8, 2022), page 22 19-022-25

Dana Earley, Supt (ON-OPP)

Again, he confirmed that he was just looking for options, so we discussed options.

Volume 19 (November 8, 2022), page 22 19-022-27

Frank Au, Senior Counsel (POEC)

So this is February the 8th. Now we heard yesterday that Chief Mizuno from the Windsor Police Service sent a letter on February the 9th, the following day, to Minister Jones. I won't -- I don't think I need to call up that document, but for reference, the document ID is WIN00001648. And in that letter, Chief Mizuno requested a minimum of 100 officers. Now was that request before or after you were appointed as the Critical Incident Commander to Windsor?

Volume 19 (November 8, 2022), page 23 19-023-01

Dana Earley, Supt (ON-OPP)

I wasn't appointed until the night of the 9th.

Volume 19 (November 8, 2022), page 23 19-023-09

Frank Au, Senior Counsel (POEC)

So probably before.

Volume 19 (November 8, 2022), page 23 19-023-13

Frank Au, Senior Counsel (POEC)

And we saw also on February 9th a document prepared by Deputy Chief Crowley. Before I take you to that document, I want to take you first to something you said in your interview about the relationship between resource request and planning. So if we go to your summary at page 9, please?

Volume 19 (November 8, 2022), page 23 19-023-15

The Clerk (POEC)

Sorry, Counsel, could I get the ID for that document again?

Volume 19 (November 8, 2022), page 23 19-023-20

Frank Au, Senior Counsel (POEC)

Yes, it's WTS00000022. And, Mr. Clerk, I'll be making frequent references to this summary, so it may assist to have that document.

Volume 19 (November 8, 2022), page 23 19-023-22

Frank Au, Senior Counsel (POEC)

So if we go to page 9? So, Superintendent, you see under the heading "Relationship between Resource Requests and Planning", you told us that, "...when [you] took command on February [the] 9[th], [Windsor Police Service] did not know the specific numbers and types of officers it required and that the on-the-ground situation on February 9[th] dictated bringing in additional frontline and traffic officers to ensure public and officer safety. OPP accordingly sent as many officers as possible. After Superintendent Earley arrived in Windsor on the morning of February [the] 10[th] and began to develop a plan, she was able to develop more specific numbers and types of resources required to ensure that police had options to respond to various contingencies." So I want to show you a document that Deputy Chief Crowley prepared as of the 9th and ask you if that reflects the kind of lack of specific types that you mentioned in the summary. And that document is WPS000000610. So we heard from Deputy Crowley yesterday that he prepared this on the 9th when Windsor made the request for a hundred officers. If we scroll down a bit, so it talks about different shifts and so on, and then there's more about the situation at that time.

Volume 19 (November 8, 2022), page 23 19-023-26

Frank Au, Senior Counsel (POEC)

Does this reflect your understanding of the nature of the request that was sent on the 9th?

Volume 19 (November 8, 2022), page 24 19-024-28

Dana Earley, Supt (ON-OPP)

I'm not sure if I know what you're asking, but it reflected what they thought at the time they required.

Volume 19 (November 8, 2022), page 25 19-025-03

Dana Earley, Supt (ON-OPP)

So when I arrived and we were able to assess the entire situation together, that's when we started to figure out plans and options and then therefore the resources to support those.

Volume 19 (November 8, 2022), page 25 19-025-07

Frank Au, Senior Counsel (POEC)

So I guess what I'm wondering is, how is this kind of request in terms of what was needed different from the kind of request that you would have made to the different POU units across the province, for instance, after you arrived and started developing a plan?

Volume 19 (November 8, 2022), page 25 19-025-11

Dana Earley, Supt (ON-OPP)

Well, this specific request that you have posted here is for the frontline. So POU was in addition to that.

Volume 19 (November 8, 2022), page 25 19-025-16

Dana Earley, Supt (ON-OPP)

So I don't know if we could compare the two. But when the unified command was created, we had a mission, and that was to open the bridge, to get the flow of traffic back with officer and public safety being paramount, and then that's when we started to develop the plans which included a POU option.

Volume 19 (November 8, 2022), page 25 19-025-20

Frank Au, Senior Counsel (POEC)

Okay. If we go back to your interview summary, to that page that we were on before, you see the last sentence of that paragraph, "She explained that developing an operational plan was essential to ensure that the deployment of resources would be impactful and resolve the blockade." Why was it essential? Why was an operational plan essential?

Volume 19 (November 8, 2022), page 25 19-025-26

Dana Earley, Supt (ON-OPP)

Well, before you request resources or you have officers attend, you need to be able to articulate to them the expectations of their role, why they're coming, and the tasks that they are -- will be given. And without a plan and a mission as to what you want to achieve, that would be very hard to do.

Volume 19 (November 8, 2022), page 26 19-026-08

Frank Au, Senior Counsel (POEC)

Okay. So these are the initial steps before you became the Critical Incident Commander. So let's turn our attention now to February the 9th when you got a call from Deputy Commissioner Harkins ---

Volume 19 (November 8, 2022), page 26 19-026-14

Frank Au, Senior Counsel (POEC)

--- appointing you as the Critical Incident Commander. Tell us about that initial call?

Volume 19 (November 8, 2022), page 26 19-026-19

Dana Earley, Supt (ON-OPP)

Deputy Commissioner Harkins called me. He asked if I could attend Windsor to assist, that my role would be the CIC of the event, and that it was an urgent situation, so that I would receive the resources that I needed. He also alerted me that I had a teleconference that I needed to join within minutes. So the phone call was very quick.

Volume 19 (November 8, 2022), page 26 19-026-21

Frank Au, Senior Counsel (POEC)

So there was an urgency that he impressed on you. And just to understand the nature of the role of a Critical Incident Commander, ---

Volume 19 (November 8, 2022), page 26 19-026-28

Frank Au, Senior Counsel (POEC)

--- we’ve heard evidence before about the different tiers of command. There’s the strategic command, there’s the operational command, and there’s the tactical command. Now, you were operating as a strategic commander ---

Volume 19 (November 8, 2022), page 27 19-027-04

Frank Au, Senior Counsel (POEC)

--- before this appointment.

Volume 19 (November 8, 2022), page 27 19-027-10

Frank Au, Senior Counsel (POEC)

And what is the role of a Critical Incident Commander? Is it operating at a strategic or operational level?

Volume 19 (November 8, 2022), page 27 19-027-12

Dana Earley, Supt (ON-OPP)

It’s at an operational level, and specifically assigned to an incident.

Volume 19 (November 8, 2022), page 27 19-027-15

Frank Au, Senior Counsel (POEC)

So what was the objective of your appointment as the Critical Incident Commander? Or for short, I’ll just call it the operational commander.

Volume 19 (November 8, 2022), page 27 19-027-17

Dana Earley, Supt (ON-OPP)

M’hm. The mission was to restore the flow of traffic to and from the bridge and into Canada and the U.S. with respecting the Charter of Rights and keeping public and officer safety paramount.

Volume 19 (November 8, 2022), page 27 19-027-20

Frank Au, Senior Counsel (POEC)

Now, I understand that you went to Windsor the next day?

Volume 19 (November 8, 2022), page 27 19-027-24

Frank Au, Senior Counsel (POEC)

But on the 9th, you were still in London?

Volume 19 (November 8, 2022), page 27 19-027-27

Frank Au, Senior Counsel (POEC)

What time did you get that call from Deputy Harkins?

Volume 19 (November 8, 2022), page 28 19-028-02

Dana Earley, Supt (ON-OPP)

It was approximately 7:30/quarter to 8:00, and then I was on teleconferences until well into the early morning.

Volume 19 (November 8, 2022), page 28 19-028-04

Frank Au, Senior Counsel (POEC)

So you got the call in the evening and you started to make some other calls?

Volume 19 (November 8, 2022), page 28 19-028-07

Frank Au, Senior Counsel (POEC)

Tell us about those other calls, the initial call that you made.

Volume 19 (November 8, 2022), page 28 19-028-10

Dana Earley, Supt (ON-OPP)

There was a call to my Chief of West Region to provide him updates, and he was well aware, because the Deputy Commissioner had contacted him. I also had teleconferences with the POU hub and the different team leaders of the POU teams.

Volume 19 (November 8, 2022), page 28 19-028-12

Frank Au, Senior Counsel (POEC)

What are the POU hubs?

Volume 19 (November 8, 2022), page 28 19-028-17

Dana Earley, Supt (ON-OPP)

They were hubs created that consisted of different POU teams from different services that were being deployed throughout the province to assist with protests.

Volume 19 (November 8, 2022), page 28 19-028-18

Frank Au, Senior Counsel (POEC)

And when you said services, are these OPP detachments or are these municipal services as well?

Volume 19 (November 8, 2022), page 28 19-028-22

Dana Earley, Supt (ON-OPP)

OPP and municipal.

Volume 19 (November 8, 2022), page 28 19-028-24

Frank Au, Senior Counsel (POEC)

How many POU units are there across Ontario? Can you say?

Volume 19 (November 8, 2022), page 28 19-028-25

Dana Earley, Supt (ON-OPP)

I can’t, sorry. I can tell you who was on the calls or who I dealt with, but it included, obviously, our team, it included Hamilton at the time, and Waterloo, and ultimately London assisted as well, and RCMP.

Volume 19 (November 8, 2022), page 28 19-028-27

Frank Au, Senior Counsel (POEC)

So you reached out to the POU units in these municipalities that evening?

Volume 19 (November 8, 2022), page 29 19-029-03

Dana Earley, Supt (ON-OPP)

Yes. So the Deputy Commissioner had advised me that the teleconference was already set, it was already scheduled, and that I would be joining them, and they would learn that I was going to be the CIC and unified command in heading to Windsor.

Volume 19 (November 8, 2022), page 29 19-029-05

Frank Au, Senior Counsel (POEC)

What did you find out from the teleconference about the availability of these POU teams?

Volume 19 (November 8, 2022), page 29 19-029-10

Dana Earley, Supt (ON-OPP)

We discussed numbers and what was available. We discussed relative, like, to the incident, you know, in regards to when could they attend, who was available to assist with planning. So those were the basis of the conversations.

Volume 19 (November 8, 2022), page 29 19-029-12

Frank Au, Senior Counsel (POEC)

Was there a request to deploy those units on that evening?

Volume 19 (November 8, 2022), page 29 19-029-17

Frank Au, Senior Counsel (POEC)

What did you ask for?

Volume 19 (November 8, 2022), page 29 19-029-20

Dana Earley, Supt (ON-OPP)

I asked for the planners. So each team identified basically a team lead or a planner. So I asked for the planners to join me in Windsor the next day.

Volume 19 (November 8, 2022), page 29 19-029-21

Frank Au, Senior Counsel (POEC)

Now, at this stage, you didn’t have a plan yet; right?

Volume 19 (November 8, 2022), page 29 19-029-24

Frank Au, Senior Counsel (POEC)

So if we go back to what we talked about earlier, about the need for a plan to inform the asking of resources, what did you ask for and what could reasonably be expected at this stage?

Volume 19 (November 8, 2022), page 29 19-029-27

Dana Earley, Supt (ON-OPP)

I needed them to become very familiar with the incident and all the details of the incident, and then create a plan.

Volume 19 (November 8, 2022), page 30 19-030-03

Frank Au, Senior Counsel (POEC)

What about numbers?

Volume 19 (November 8, 2022), page 30 19-030-06

Dana Earley, Supt (ON-OPP)

Well I needed to know what would be available. But again, it wasn’t until they had a plan that they would say, “That this plan requires this many officers.”

Volume 19 (November 8, 2022), page 30 19-030-07

Frank Au, Senior Counsel (POEC)

Okay. So you talked about how you spoke to the Chief. I believe that’s Chief Thib?

Volume 19 (November 8, 2022), page 30 19-030-11

Frank Au, Senior Counsel (POEC)

You spoke to -- you had -- you engaged in these teleconferences about the POU availability. Who else did you call?

Volume 19 (November 8, 2022), page 30 19-030-14

Dana Earley, Supt (ON-OPP)

I believe it was two -- well, it was with the Chief and two other teleconferences with -- again, with POU hubs.

Volume 19 (November 8, 2022), page 30 19-030-17

Frank Au, Senior Counsel (POEC)

What about -- did you make contact with Windsor Police Service at all?

Volume 19 (November 8, 2022), page 30 19-030-20

Dana Earley, Supt (ON-OPP)

I did. I spoke with Deputy Chief Crowley.

Volume 19 (November 8, 2022), page 30 19-030-22

Frank Au, Senior Counsel (POEC)

And tell us about that conversation?

Volume 19 (November 8, 2022), page 30 19-030-24

Dana Earley, Supt (ON-OPP)

He provided an oversight and situational awareness for me in regards to what they were dealing with at the moment. We talked about logistics, obviously when I would be arriving. I gave him an overview of the teleconferences I had been on in regards to POU.

Volume 19 (November 8, 2022), page 30 19-030-26

Frank Au, Senior Counsel (POEC)

M’hm. Now, if I could take you to another OPP document? It’s OPP00004540. I understand that that night, the last thing you did that night, at 11:59 p.m., you sent an email to your superiors summarizing the situation in Windsor as you’ve gathered. So I’m taking you to that email. Could we go to page 14, please? Go down. So February 9th, -- I was wrong on the time. It’s at 23:58. So two minutes before midnight.

Volume 19 (November 8, 2022), page 31 19-031-03

Frank Au, Senior Counsel (POEC)

You sent an email to Harkins and DiMarco. Who is DiMarco?

Volume 19 (November 8, 2022), page 31 19-031-13

Dana Earley, Supt (ON-OPP)

That is Deputy Commissioner DiMarco.

Volume 19 (November 8, 2022), page 31 19-031-15

Frank Au, Senior Counsel (POEC)

Okay. How many Deputy Commissioners are there?

Volume 19 (November 8, 2022), page 31 19-031-17

Dana Earley, Supt (ON-OPP)

There are three, and there’s a Provincial Commander as well.

Volume 19 (November 8, 2022), page 31 19-031-19

Frank Au, Senior Counsel (POEC)

Okay. So you sent an email to these two deputies and you summarize the situation as you found them in Windsor. Can we scroll down further? There are many bullet points. I want you to help us unpack the situation a bit based on these points. What did you learn was the situation on the ground in Windsor?

Volume 19 (November 8, 2022), page 31 19-031-21

Dana Earley, Supt (ON-OPP)

I learned, obviously, about the numbers, what they were dealing with in regards to attendance, as well as vehicles, the types of vehicles. I also learned the area that they had kind of blocked the length of it, where it is located in the city. I also learned about an arrest that was made. So there was a person who had jumped the curb and into the crowd. That person, obviously, was charged and arrested with dangerous drive.

Volume 19 (November 8, 2022), page 31 19-031-28

Dana Earley, Supt (ON-OPP)

And that the crowd became very agitated when the arrest occurred. And they actually took the opportunity to expand the area that they had been in. I learned too, from Deputy Chief Crowley, that the crowd itself was somewhat disorganized and disjointed, hard to kind of figure out exactly what they wanted, or to communicate or negotiate with them. And at that time as well, he explained that there had been a number of transport trucks and vehicles on the bridge, but they had all been removed at that point. So I made the decision that I asked S/Sgt. Jamie Smith of Essex OPP, so he would be the closest Incident Commander, to attend the Command Post for the evening. I also asked that our situational reports be implemented. So it’s basically a template. We introduced those to the Command Post. And I asked for those to be provided to me every two hours until my arrival. And then they continued while we were there.

Volume 19 (November 8, 2022), page 32 19-032-10

Frank Au, Senior Counsel (POEC)

So that’s what you did that first night?

Volume 19 (November 8, 2022), page 32 19-032-27

Frank Au, Senior Counsel (POEC)

If we go back to your summary, I want to take you to page 3, because you spoke to us about this email. And then at the end of that paragraph, ---

Volume 19 (November 8, 2022), page 33 19-033-02

Frank Au, Senior Counsel (POEC)

--- you said: “Superintendent Earley nonetheless believed that a policing solution to the demonstration was possible…” What did you mean by that? The policing solution, in your mind?

Volume 19 (November 8, 2022), page 33 19-033-06

Dana Earley, Supt (ON-OPP)

I still believed and was hopeful that negotiations could occur and that we could develop a rapport and a relationship with the protestors through our Provincial Liaison Teams.

Volume 19 (November 8, 2022), page 33 19-033-12

Frank Au, Senior Counsel (POEC)

Was that an approach informed by the two frameworks that you told us about?

Volume 19 (November 8, 2022), page 33 19-033-16

Frank Au, Senior Counsel (POEC)

Now, before we go to the next day, earlier that day, before you got the call from Deputy Harkins, I think you told us in the interview that you watched a morning press conference where the Mayor, the Mayor of Windsor, Mayor Dilkens, requested resources without specifying the numbers. Do you remember that?

Volume 19 (November 8, 2022), page 33 19-033-19

Dana Earley, Supt (ON-OPP)

Yeah, I don’t remember specifically watching it, but I do know that a request was submitted.

Volume 19 (November 8, 2022), page 33 19-033-25

Frank Au, Senior Counsel (POEC)

Right. So -- and during our interview, you shared your perspectives on making public announcements of this nature. Tell us about your view on this.

Volume 19 (November 8, 2022), page 33 19-033-28

Dana Earley, Supt (ON-OPP)

In regards to specific numbers requested at incidents?

Volume 19 (November 8, 2022), page 34 19-034-04

Frank Au, Senior Counsel (POEC)

No. About making public announcements. I think we’ve heard some evidence that, normally, the requests for resources go from one Chief to another, from Chief to Chief.

Volume 19 (November 8, 2022), page 34 19-034-06

Frank Au, Senior Counsel (POEC)

And it’s not typical that public announcements by politicians were made and you shared your perspective on this kind of public announcement, so I’m just hoping that you could enlighten us.

Volume 19 (November 8, 2022), page 34 19-034-12

Dana Earley, Supt (ON-OPP)

Okay. It’s been my experience that when any municipal service requires our assistance, no matter what the incident, the request needs to go from their Chief to our Commissioner. The Commissioner’s command team then reviews the request and deploys the requested resources. So to hear it come from a politician was different from my experience.

Volume 19 (November 8, 2022), page 34 19-034-16

Frank Au, Senior Counsel (POEC)

And after you became the Critical Incident Commander, did you take any steps to change the approach or any kind of media strategy that you adopted?

Volume 19 (November 8, 2022), page 34 19-034-24

Dana Earley, Supt (ON-OPP)

I respect the fact that any Council or Mayor, they can have their own press conferences and release information, but I urged Windsor Police Service to work with the Mayor’s office to make sure that our messages are consistent.

Volume 19 (November 8, 2022), page 34 19-034-27

Frank Au, Senior Counsel (POEC)

And was any further public announcements made for resources after you assumed the role of Critical Incident Commander?

Volume 19 (November 8, 2022), page 35 19-035-04

Dana Earley, Supt (ON-OPP)

Not that I’m aware of.

Volume 19 (November 8, 2022), page 35 19-035-07

Frank Au, Senior Counsel (POEC)

Now, in this case the announcement on the 9th did not specify a particular number, how many officers were needed. Do you have any view on whether those numbers should be made publicly in a request?

Volume 19 (November 8, 2022), page 35 19-035-08

Dana Earley, Supt (ON-OPP)

In my opinion, I do not believe that they should be made publicly.

Volume 19 (November 8, 2022), page 35 19-035-12

Frank Au, Senior Counsel (POEC)

Why not?

Volume 19 (November 8, 2022), page 35 19-035-14

Dana Earley, Supt (ON-OPP)

It jeopardizes perhaps the public and police officer safety. By letting the public know the amount of officers that are attending may lead to people then bolstering their protests or whatever that looks like if they know the tactics or perhaps the amount of officers that are attending an incident.

Volume 19 (November 8, 2022), page 35 19-035-15

Frank Au, Senior Counsel (POEC)

Okay. So let’s go now to the next day, February 10th. I understand that you had an early morning call with Deputy Harkins, right ---

Volume 19 (November 8, 2022), page 35 19-035-21

Frank Au, Senior Counsel (POEC)

--- at 8:30?

Volume 19 (November 8, 2022), page 35 19-035-25

Dana Earley, Supt (ON-OPP)

And Deputy DiMarco.

Volume 19 (November 8, 2022), page 35 19-035-26

Frank Au, Senior Counsel (POEC)

And Deputy DiMarco. So tell us what was said in that morning call.

Volume 19 (November 8, 2022), page 35 19-035-27

Dana Earley, Supt (ON-OPP)

They wanted to make sure that I had started implementing a team, putting a team in place, and obviously, I had told them that I was on the road. I was heading to Windsor. And they indicated that whatever resources I needed, they would be provided.

Volume 19 (November 8, 2022), page 36 19-036-01

Frank Au, Senior Counsel (POEC)

Was anything said about Windsor being a priority?

Volume 19 (November 8, 2022), page 36 19-036-07

Frank Au, Senior Counsel (POEC)

Tell us about that.

Volume 19 (November 8, 2022), page 36 19-036-10

Dana Earley, Supt (ON-OPP)

Yes. They stressed to me that Windsor was my priority and I needed to focus solely on Windsor, and that it was a priority for the province.

Volume 19 (November 8, 2022), page 36 19-036-11

Frank Au, Senior Counsel (POEC)

Did they explain why Windsor was a priority?

Volume 19 (November 8, 2022), page 36 19-036-15

Frank Au, Senior Counsel (POEC)

Now, if I could take you to page 2 of the summary. So if we go to the third paragraph near the middle of the paragraph, do you see the sentence that starts with, “During a February 10th 8:30 a.m. call”?

Volume 19 (November 8, 2022), page 36 19-036-18

Frank Au, Senior Counsel (POEC)

So it says: “...Deputy Commissioners Harkins and DiMarco again advised Supt. Earley that Windsor was the priority and that it was urgent to resolve the blockade. Supt. Earley understood that the resolution was urgent because the bridge closure was having massive economic impacts, including job layoffs, on Windsor, Ontario and Canada, that the crowd of protestors at the blockade was increasing in size and that the public and officer safety risks were escalating.” Now, you understood that to be the case. Was that -- where did that understanding come from?

Volume 19 (November 8, 2022), page 36 19-036-24

Dana Earley, Supt (ON-OPP)

It was part of the conversation, but in regards to the increase in size, the economic impacts, the risks to public and officer safety, that was from my awareness from the teleconferences I had been on and discussions with Deputy Chief Crowley.

Volume 19 (November 8, 2022), page 37 19-037-12

Frank Au, Senior Counsel (POEC)

So you had this call at 8:30 and I believe by 9:00 a.m. you had your mission statement written.

Volume 19 (November 8, 2022), page 37 19-037-17

Frank Au, Senior Counsel (POEC)

So if we go to the summary at page 5, we excerpted your mission statement, I believe, from your nots.

Volume 19 (November 8, 2022), page 37 19-037-20

Frank Au, Senior Counsel (POEC)

And it reads: “The OPP and our policing partners will keep the peace, enforce legislation, establish and maintain the safe flow of traffic and respecting individuals’ Charter rights to peaceful assembly and freedom of speech, with public and officer safety being paramount.” Why was the mission statement or the drafting of the mission statement such a priority for you?

Volume 19 (November 8, 2022), page 37 19-037-24

Dana Earley, Supt (ON-OPP)

It is the -- well, it’s the goal of any team member no matter what uniform you’re wearing, your rank, your role in regards to the team. That is our goal during the incident.

Volume 19 (November 8, 2022), page 38 19-038-06

Frank Au, Senior Counsel (POEC)

And did this version of the statement continue to be the mission as events unfolded?

Volume 19 (November 8, 2022), page 38 19-038-10

Frank Au, Senior Counsel (POEC)

So I understand that the plan was finalized by the end of the day on the 11th and the plan was implemented on the 12th. Was this the same statement that appeared in that ultimate plan?

Volume 19 (November 8, 2022), page 38 19-038-13

Frank Au, Senior Counsel (POEC)

How did you come up with this plan? How did you draft it?

Volume 19 (November 8, 2022), page 38 19-038-19

Dana Earley, Supt (ON-OPP)

Based on the situation, right. That’s where your mission comes from and what your goal is, what you’re trying to resolve. That’s how your mission statements come through and, obviously, as a CIC in the training that we receive, we -- mission statements and the importance of them are discussed.

Volume 19 (November 8, 2022), page 38 19-038-21

Frank Au, Senior Counsel (POEC)

And there are references to respecting individuals’ Charter rights. How did you intend to do that?

Volume 19 (November 8, 2022), page 38 19-038-27

Dana Earley, Supt (ON-OPP)

Absolutely. Well, by, obviously, giving them the right to peaceful assembly and to honour their freedom of speech. We tried to do that through communications with our Provincial Liaisons Team.

Volume 19 (November 8, 2022), page 39 19-039-02

Frank Au, Senior Counsel (POEC)

So that was 9:00 a.m. What time did you arrive in Windsor?

Volume 19 (November 8, 2022), page 39 19-039-07

Dana Earley, Supt (ON-OPP)

I think it was approximately 10:00. I had to stop and pick up my scribe as well, so I think it was around 10:00, 10:30. I can’t -- I’d have to refer to my notes.

Volume 19 (November 8, 2022), page 39 19-039-09

Frank Au, Senior Counsel (POEC)

And what was the scribe supposed to do when you’re the Critical Incident Commander?

Volume 19 (November 8, 2022), page 39 19-039-13

Dana Earley, Supt (ON-OPP)

So the scribe is a very important role. She took all of my notes for me, so she captured the majority of conversations and timings, people’s phone numbers, whatnot.

Volume 19 (November 8, 2022), page 39 19-039-15

Frank Au, Senior Counsel (POEC)

So the different volumes of notes that we ---

Volume 19 (November 8, 2022), page 39 19-039-19

Frank Au, Senior Counsel (POEC)

--- received in disclosure, those were the scribe notes, not your notes.

Volume 19 (November 8, 2022), page 39 19-039-22

Frank Au, Senior Counsel (POEC)

So you went to Windsor and you met with the command team from the Windsor Police Service.

Volume 19 (November 8, 2022), page 39 19-039-27

Frank Au, Senior Counsel (POEC)

Tell us about that meeting. What kind of reception did you receive?

Volume 19 (November 8, 2022), page 40 19-040-02

Dana Earley, Supt (ON-OPP)

Very welcoming. Because of the relationships, I knew, as I said, Deputy Chief -- at the time Deputy Chief Bellaire as well as Inspector DeGraaf. They then introduced me to other members of their command post. It was referred to as the EOC here as well, so I met everybody. They were very welcoming. They appreciated the support and the assistance and the resources that the OPP was providing. And they also welcomed the experience that our organization has in regards to major prolonged events.

Volume 19 (November 8, 2022), page 40 19-040-04

Frank Au, Senior Counsel (POEC)

Was any decision made at that initial meeting about how the WPS and the OPP would be working together?

Volume 19 (November 8, 2022), page 40 19-040-13

Dana Earley, Supt (ON-OPP)

Certainly it was -- right off the start, it was a unified command. They ultimately respected that I would have final say on a lot of the plans because of the amount of resources that we were bringing and it included. But everything before it was decided was always referred to by both myself and the CIC from WPS.

Volume 19 (November 8, 2022), page 40 19-040-16

Frank Au, Senior Counsel (POEC)

So yesterday we heard from Deputy Crowley. I think he described the relationship as -- I’m trying to look for his description. He described the integration as seamless and he talked about how the OPP and WPS commands would at times be stepping forward and back. Were you here when he testified?

Volume 19 (November 8, 2022), page 40 19-040-22

Dana Earley, Supt (ON-OPP)

I watched it, yeah.

Volume 19 (November 8, 2022), page 40 19-040-28

Frank Au, Senior Counsel (POEC)

You watched it.

Volume 19 (November 8, 2022), page 41 19-041-01

Frank Au, Senior Counsel (POEC)

Do you agree with that description?

Volume 19 (November 8, 2022), page 41 19-041-03

Dana Earley, Supt (ON-OPP)

It was seamless, and we supported each other. It was a remarkable team effort.

Volume 19 (November 8, 2022), page 41 19-041-05

Frank Au, Senior Counsel (POEC)

And in your interview with us at page 3 of your summary, you refer to this high degree of trust and confidence. Tell us more about that?

Volume 19 (November 8, 2022), page 41 19-041-07

Dana Earley, Supt (ON-OPP)

As I mentioned, Windsor Police respected the experience and the skillset that the OPP was bringing to the table due to the numerous events we’ve experienced as an organization in regards to critical incidents, and protracted critical incidents in particular. So with that, that’s where the trust and the respect came through. But at the same time, we weren’t able to do what we did if it wasn’t for the local knowledge and the networks and the partnerships that Windsor Police already had in existence.

Volume 19 (November 8, 2022), page 41 19-041-10

Frank Au, Senior Counsel (POEC)

Now, I think Deputy Crowley referred to this command structure as, “Unified command” and in your interview with us you referred to it as “Joint command”; are they the same thing?

Volume 19 (November 8, 2022), page 41 19-041-19

Frank Au, Senior Counsel (POEC)

We’ve heard other terms in Ottawa; “Integrated command”; like, what’s your understanding if there are any differences between integrated, joint, or unified?

Volume 19 (November 8, 2022), page 41 19-041-24

Dana Earley, Supt (ON-OPP)

Really, I think to explain ours, unified would articulate it best.

Volume 19 (November 8, 2022), page 41 19-041-27

Frank Au, Senior Counsel (POEC)

Okay. And in terms of the expertise that the OPP was bringing, I think yesterday Deputy Crowley referred specifically to maybe planning, and specifically to POU planning.

Volume 19 (November 8, 2022), page 42 19-042-01

Frank Au, Senior Counsel (POEC)

Can you elaborate on that?

Volume 19 (November 8, 2022), page 42 19-042-06

Dana Earley, Supt (ON-OPP)

Yes. So when I arrived in Windsor, I requested a subject matter expert in regards to POU planning, Insp. Jason Younan. I contacted him and I requested he attend to offer his expertise in regards to a plan.

Volume 19 (November 8, 2022), page 42 19-042-07

Frank Au, Senior Counsel (POEC)

Sorry; name again?

Volume 19 (November 8, 2022), page 42 19-042-11

Dana Earley, Supt (ON-OPP)

Insp. Jason Younan.

Volume 19 (November 8, 2022), page 42 19-042-12

Frank Au, Senior Counsel (POEC)

Okay. Well, that’s -- let’s talk about the command team, then. Because after you arrived in Windsor, I guess one of the first things you did was to assemble a command table.

Volume 19 (November 8, 2022), page 42 19-042-13

Frank Au, Senior Counsel (POEC)

And during our interview you said that you wanted broad representation at the command table, and subject matter experts in all the essential areas to ensure that those areas are covered. What are the major areas that you had to cover?

Volume 19 (November 8, 2022), page 42 19-042-18

Dana Earley, Supt (ON-OPP)

Those areas consisted of traffic, crime, Provincial Liaisons Teams, media, and logistics and resources. In addition to that, we also were able to set up a staging area, so there was a team that was in charge of the staging area as well.

Volume 19 (November 8, 2022), page 42 19-042-23

Frank Au, Senior Counsel (POEC)

What about Intelligence?

Volume 19 (November 8, 2022), page 42 19-042-28

Dana Earley, Supt (ON-OPP)

Absolutely, yes, Intelligence as well.

Volume 19 (November 8, 2022), page 43 19-043-01

Frank Au, Senior Counsel (POEC)

And how as Intelligence represented at this command table?

Volume 19 (November 8, 2022), page 43 19-043-03

Dana Earley, Supt (ON-OPP)

They deployed a team leader to sit in the Emergency Operations Centre with us, and a team member as well. So they were constantly feeding us any intel that they were getting. And I’d like to mention, too, all those subject matter expects that I just listed off there, it wasn’t just OPP, but Windsor had the same representation. So, for example, in intel, we had OPP intel as well as Windsor intel in the Command Post.

Volume 19 (November 8, 2022), page 43 19-043-05

Frank Au, Senior Counsel (POEC)

So you had subject matter experts from both OPP and Windsor Police Service represented at the table?

Volume 19 (November 8, 2022), page 43 19-043-14

Frank Au, Senior Counsel (POEC)

And they included Intelligence; I think you mentioned PLT?

Volume 19 (November 8, 2022), page 43 19-043-18

Frank Au, Senior Counsel (POEC)

POU; you mentioned Insp. Younan.

Volume 19 (November 8, 2022), page 43 19-043-21

Frank Au, Senior Counsel (POEC)

Who was responsible for logistics?

Volume 19 (November 8, 2022), page 43 19-043-23

Dana Earley, Supt (ON-OPP)

Insp. Wendy Burrow, as from OPP, as well as Insp. Jenn Crosby from Windsor Police Service.

Volume 19 (November 8, 2022), page 43 19-043-24

Frank Au, Senior Counsel (POEC)

What about other agencies, such as the CBSA?

Volume 19 (November 8, 2022), page 43 19-043-26

Dana Earley, Supt (ON-OPP)

Yes. So CBSA was included in the Command Post. They had a representative there, a team leader, as well as the Windsor Fire had representation and Windsor Emergency Services, the paramedics.

Volume 19 (November 8, 2022), page 43 19-043-28

Frank Au, Senior Counsel (POEC)

Why was it important for these other agencies to be included at the command table?

Volume 19 (November 8, 2022), page 44 19-044-04

Dana Earley, Supt (ON-OPP)

All of those -- everybody who had a part of our Command Post provided us with different options, right? And options are very much needed in an incident like this. So it’s important to create an environment that’s inclusive, and communication is key so that everybody could provide ideas to resolve the situation effectively. Because the situation itself was very dynamic and fluid, we wanted to make sure that everything was covered. If you think about Fire or EMS, that they were in the loop just in case we needed their assistance, which at times we did.

Volume 19 (November 8, 2022), page 44 19-044-06

Frank Au, Senior Counsel (POEC)

I understand you also set up a system where you had alternates so that you can go to sleep.

Volume 19 (November 8, 2022), page 44 19-044-16

Frank Au, Senior Counsel (POEC)

Who was your alternate?

Volume 19 (November 8, 2022), page 44 19-044-19

Dana Earley, Supt (ON-OPP)

Supt. Derek Needham.

Volume 19 (November 8, 2022), page 44 19-044-20

Frank Au, Senior Counsel (POEC)

And was there a similar system for the Windsor Incident Command?

Volume 19 (November 8, 2022), page 44 19-044-21

Frank Au, Senior Counsel (POEC)

And who are those two?

Volume 19 (November 8, 2022), page 44 19-044-24

Dana Earley, Supt (ON-OPP)

So Insp. Karel DeGraaf worked days with me, and then at night it was D/Chief Crowley.

Volume 19 (November 8, 2022), page 44 19-044-25

Frank Au, Senior Counsel (POEC)

Why is it important to have these alternates?

Volume 19 (November 8, 2022), page 44 19-044-27

Dana Earley, Supt (ON-OPP)

To go and rest your head for a little bit, and obviously just to provide some relief.

Volume 19 (November 8, 2022), page 45 19-045-01

Frank Au, Senior Counsel (POEC)

Okay. So, so far, we’ve talked about the team at the operational level, the command table that we just talked about. I want to ask you now about the relationship between the operational level functioning and the strategic leadership.

Volume 19 (November 8, 2022), page 45 19-045-03

Frank Au, Senior Counsel (POEC)

So on the Windsor side, who was the Strategic Commander?

Volume 19 (November 8, 2022), page 45 19-045-09

Dana Earley, Supt (ON-OPP)

I believe you would have to confirm with them, but I saw that Deputy Chief Bellaire.

Volume 19 (November 8, 2022), page 45 19-045-11

Frank Au, Senior Counsel (POEC)

Right. And would the Chief of the Windsor Police Service also be at the strategic leadership level?

Volume 19 (November 8, 2022), page 45 19-045-13

Frank Au, Senior Counsel (POEC)

What about the OPP, who were the strategic leaders?

Volume 19 (November 8, 2022), page 45 19-045-17

Dana Earley, Supt (ON-OPP)

For West Region, Supt. Campisi looked after that role but also -- it would have also included our Chief, Chief Thib, and then the OPP command as well, Commissioners and Deputy Commissioners.

Volume 19 (November 8, 2022), page 45 19-045-19

Frank Au, Senior Counsel (POEC)

So Comm. Carrique?

Volume 19 (November 8, 2022), page 45 19-045-23

Frank Au, Senior Counsel (POEC)

And Deputy Harkins.

Volume 19 (November 8, 2022), page 45 19-045-25

Frank Au, Senior Counsel (POEC)

Now, during the interview, you spoke to us about the importance for the strategic leadership to give the Operational Commanders autonomy.

Volume 19 (November 8, 2022), page 45 19-045-27

Frank Au, Senior Counsel (POEC)

Tell us more about that.

Volume 19 (November 8, 2022), page 46 19-046-03

Dana Earley, Supt (ON-OPP)

Yes. The autonomy that is required is very important because decisions need to be made in a very timely manner when dealing with critical incidents. So that’s -- really highlights the importance. They also know and can trust in the -- not only the experience the team has but the training, and the subject matter experts, the skillset that they bring. So they know that those decisions being made are the best options for the situation and what’s happening.

Volume 19 (November 8, 2022), page 46 19-046-04

Frank Au, Senior Counsel (POEC)

Help us understand why is autonomy connected to timeliness of decision-making?

Volume 19 (November 8, 2022), page 46 19-046-13

Dana Earley, Supt (ON-OPP)

You need to make sure that a decision is made. The failure to make a decision can almost be just as bad as making an improper decision. So that’s why the timeliness is very important, right? And these situations, things are happening minute by minute. You need to be able to make decisions based on your awareness. And the CIC has the best situational awareness to make those decisions.

Volume 19 (November 8, 2022), page 46 19-046-15

Frank Au, Senior Counsel (POEC)

Why was it the CIC who had the best situational awareness?

Volume 19 (November 8, 2022), page 46 19-046-22

Dana Earley, Supt (ON-OPP)

You are in the midst of it. You have all the intel coming in; you are there. You have all the feedback from your subject matter experts, so that’s why you have the utmost situational awareness.

Volume 19 (November 8, 2022), page 46 19-046-24

Frank Au, Senior Counsel (POEC)

During your time in Windsor as the Critical Incident Commander, did you enjoy the kind of autonomy that you expected from this strategic leadership?

Volume 19 (November 8, 2022), page 46 19-046-28

Dana Earley, Supt (ON-OPP)

I did, and I appreciated it.

Volume 19 (November 8, 2022), page 47 19-047-03

Frank Au, Senior Counsel (POEC)

How was your relationship with the Windsor strategic leadership?

Volume 19 (November 8, 2022), page 47 19-047-04

Dana Earley, Supt (ON-OPP)

The same; they respected it from their command in the Command Post, as well as mine.

Volume 19 (November 8, 2022), page 47 19-047-06

Frank Au, Senior Counsel (POEC)

Did you experience any interference at all, improper interference, with your decision- making as the Operational Commander?

Volume 19 (November 8, 2022), page 47 19-047-08

Frank Au, Senior Counsel (POEC)

What about the City of Windsor or the Mayor’s Office, did you experience -- what was your relationship with those entities?

Volume 19 (November 8, 2022), page 47 19-047-12

Dana Earley, Supt (ON-OPP)

Very little. Windsor Police dealt with them and liaised with the City.

Volume 19 (November 8, 2022), page 47 19-047-15

Frank Au, Senior Counsel (POEC)

Okay. Okay, so we’ve now covered the command team and the relationship with the strategic leadership. I want to talk to you now about the plan. We talked a bit about the plan, and I understand that you came to Windsor on the 10th but by the end of the day on the 11th, you had a plan finalized and ready for action; am I right?

Volume 19 (November 8, 2022), page 47 19-047-17

Frank Au, Senior Counsel (POEC)

How did that come about?

Volume 19 (November 8, 2022), page 47 19-047-24

Dana Earley, Supt (ON-OPP)

The remarkable team that I had. So with the mission that was set out that everybody was very much aware of, the expectations were clearly explained to the officers and the subject matter experts in regards to what was needed, and that’s how plans came together.

Volume 19 (November 8, 2022), page 47 19-047-25

Frank Au, Senior Counsel (POEC)

Now, let’s talk about the different elements of that overall plan. During the interview you mentioned many subplans.

Volume 19 (November 8, 2022), page 48 19-048-02

Frank Au, Senior Counsel (POEC)

And you said those are necessary as part of the contingency planning.

Volume 19 (November 8, 2022), page 48 19-048-06

Frank Au, Senior Counsel (POEC)

And they involve areas like traffic, towing, mass arrest, prisoner transport, and some of the other areas that we talked about; intelligence, PLT, POU, and so on. I want to ask you specifically about three of those areas.

Volume 19 (November 8, 2022), page 48 19-048-09

Frank Au, Senior Counsel (POEC)

And I would start -- I want to start by asking you about the PLT element.

Volume 19 (November 8, 2022), page 48 19-048-15

Frank Au, Senior Counsel (POEC)

So through the PLT planning, I understand that you came to learn something about the protester's group, about the leadership, as well as about potential counterprotests.

Volume 19 (November 8, 2022), page 48 19-048-18

Frank Au, Senior Counsel (POEC)

So let's talk first about your understanding of the leadership. What did you learn through the PLT planning during those two days?

Volume 19 (November 8, 2022), page 48 19-048-23

Dana Earley, Supt (ON-OPP)

I learned through PLT that the protesters themselves were described as disjointed. They had different goals. It was explained to me that the PLT was really dealing with three different groups within the protesters, and that was causing a concern, as well as it was a challenge for our PLT to develop rapport or to really get anywhere, because the groups themselves were not agreeing.

Volume 19 (November 8, 2022), page 48 19-048-26

Dana Earley, Supt (ON-OPP)

I also learned from PLT of counterprotests as well and the concern for that. So they had had discussions with an -- or a member from the auto union and he expressed his displeasure with the protest and, in fact, was sharing with them that he was going to take matter into his own hands if it was not resolved. I was very grateful for the rapport and the relationship that PLT was able to develop with him, and through that, we asked for time or his patience.

Volume 19 (November 8, 2022), page 49 19-049-06

Frank Au, Senior Counsel (POEC)

If I could take you to your summary, because I wanted to ask you about that incident.

Volume 19 (November 8, 2022), page 49 19-049-14

Frank Au, Senior Counsel (POEC)

If we go to page 11? So this is - - you talked about this incident involving the president of the local autoworkers union chapter. You see in the middle of the paragraph?

Volume 19 (November 8, 2022), page 49 19-049-17

Frank Au, Senior Counsel (POEC)

"...PLT informed Superintendent Earley that David Cassidy, the president of the local autoworkers' union chapter, UNIFOR Local 444, claimed that he had spoken to Ontario Premier Doug Ford and that he was willing to bring autoworkers to the blockade site to forcibly clear out protestors by Monday, February [the] 14[th] if police had not cleared the blockade by that date." What kind of danger does this pose to your team as you were planning for action, the weekend?

Volume 19 (November 8, 2022), page 49 19-049-22

Dana Earley, Supt (ON-OPP)

This is extremely concerning as the CIC and it was just other options now that I had to consider that not only the protesters perhaps would not like the plan of action, but we may have counter protesters attending as well that would create significant issues for public and officer safety.

Volume 19 (November 8, 2022), page 50 19-050-07

Frank Au, Senior Counsel (POEC)

So was this an example of how you incorporated PLT in planning for contingencies?

Volume 19 (November 8, 2022), page 50 19-050-13

Frank Au, Senior Counsel (POEC)

Let me ask you now about the POU planning. So you mentioned earlier that Inspector Younan was in charge of that aspect?

Volume 19 (November 8, 2022), page 50 19-050-16

Frank Au, Senior Counsel (POEC)

And I understand that on -- was it the 10th or the 11th that you had a number of meetings with him and he advised you. So let's go to your summary, maybe that ---

Volume 19 (November 8, 2022), page 50 19-050-20

Frank Au, Senior Counsel (POEC)

--- would help us both.

Volume 19 (November 8, 2022), page 50 19-050-24

Frank Au, Senior Counsel (POEC)

Page 6 of your summary. So you see that at 4:21 p.m. ---

Volume 19 (November 8, 2022), page 50 19-050-26

Frank Au, Senior Counsel (POEC)

--- you had a meeting with Inspector Younan and he advised you that, "...a mass removal of protestors would be neither safe nor sustainable..." Tell us more about that discussion.

Volume 19 (November 8, 2022), page 51 19-051-01

Dana Earley, Supt (ON-OPP)

So this is after he had arrived in Windsor. He obviously had time to deal -- to meet with all the other team leaders from the POU teams and as well take a look at the situation itself. He understood because it was such a long area, the three to four kilometres that they had occupied, that it would not be safe, as he stated in my summary, to clear the entire area all at once. So with that, he provided options to clearing out different sections of the protest area.

Volume 19 (November 8, 2022), page 51 19-051-06

Frank Au, Senior Counsel (POEC)

And did you agree with his assessment?

Volume 19 (November 8, 2022), page 51 19-051-14

Frank Au, Senior Counsel (POEC)

Was this an example of how you as the operational commander defer to your subject matter experts?

Volume 19 (November 8, 2022), page 51 19-051-17

Frank Au, Senior Counsel (POEC)

The third area I want to ask you about in terms of planning is the involvement of the intelligence experts.

Volume 19 (November 8, 2022), page 51 19-051-20

Frank Au, Senior Counsel (POEC)

Was it your objective to have your operation be intelligence led?

Volume 19 (November 8, 2022), page 51 19-051-24

Dana Earley, Supt (ON-OPP)

Yes, I mean, intelligence does need to be considered in regards to what we're finding on open source or wherever the intelligence is coming from. And it was important to hear also from both teams, so from the OPP Intelligence as well as Windsor Intelligence. Because of the different networks that both teams had, they were providing us with a better situational awareness.

Volume 19 (November 8, 2022), page 51 19-051-26

Frank Au, Senior Counsel (POEC)

So in terms of the tools available to your team, as I understand it, in addition to open source, which you've mentioned, you also was getting some help from the U.S. partners?

Volume 19 (November 8, 2022), page 52 19-052-05

Frank Au, Senior Counsel (POEC)

Tell us about that.

Volume 19 (November 8, 2022), page 52 19-052-10

Dana Earley, Supt (ON-OPP)

That was mainly through Windsor Police Service because of the relationship they had with intel through the States.

Volume 19 (November 8, 2022), page 52 19-052-11

Frank Au, Senior Counsel (POEC)

And in terms of other resources available to you, I understand that there was a drone that was made available?

Volume 19 (November 8, 2022), page 52 19-052-14

Frank Au, Senior Counsel (POEC)

As well as pull cameras from the CBSA?

Volume 19 (November 8, 2022), page 52 19-052-18

Frank Au, Senior Counsel (POEC)

And even a helicopter on the day of the operation?

Volume 19 (November 8, 2022), page 52 19-052-21

Frank Au, Senior Counsel (POEC)

Tell us about that.

Volume 19 (November 8, 2022), page 52 19-052-24

Dana Earley, Supt (ON-OPP)

Again, just to provide current and up-to-date operational -- or, sorry, situational awareness, so that we could have an idea of exactly what was going on in this very dynamic situation.

Volume 19 (November 8, 2022), page 52 19-052-25

Frank Au, Senior Counsel (POEC)

We've also heard yesterday about the presence of children ---

Volume 19 (November 8, 2022), page 53 19-053-01

Frank Au, Senior Counsel (POEC)

--- during the blockade. And how did intelligence inform your planning about this aspect?

Volume 19 (November 8, 2022), page 53 19-053-04

Dana Earley, Supt (ON-OPP)

I would say that was a concern of mine that if we had to use the plan of action that I wanted the lowest amount of children to be there. Intelligence was able to provide me with areas that they had detected where the children were hanging out or were present in the protest. They were also able to tell me that, because of their intelligence, because of their overwatch, that the majority of the children went home at night, and very little of them stayed overnight. And so that led me to, obviously, looking at the option of going first thing in the morning with any plan of operation if needed.

Volume 19 (November 8, 2022), page 53 19-053-06

Frank Au, Senior Counsel (POEC)

Was that the plan to have the action begin early in the morning?

Volume 19 (November 8, 2022), page 53 19-053-17

Frank Au, Senior Counsel (POEC)

And what considerations led you to that decision?

Volume 19 (November 8, 2022), page 53 19-053-20

Dana Earley, Supt (ON-OPP)

Knowing from intel that they had not observed any children overnight and that when children were present, it was usually not until later in the day.

Volume 19 (November 8, 2022), page 53 19-053-22

Frank Au, Senior Counsel (POEC)

What about the size of the crowd?

Volume 19 (November 8, 2022), page 53 19-053-25

Dana Earley, Supt (ON-OPP)

Absolutely. So the -- and certain times of night, so the crowd, as in my summary and I know Deputy Chief Crowley spoke to it, it would get more unruly at certain times of night, and so we had to consider that and numbers were higher at certain times of night. But as it got colder and the later it got in the evening, a lot of people did return home. So by considering an early morning operation, that again would decrease, hopefully decrease the number of protesters that we were dealing with.

Volume 19 (November 8, 2022), page 53 19-053-26

Frank Au, Senior Counsel (POEC)

M'hm. So we've now talked about the different elements or sub-plans within the overall plan.

Volume 19 (November 8, 2022), page 54 19-054-07

Frank Au, Senior Counsel (POEC)

Turning our attention now to the overall plan. If we go to your summary at page 6, and we go down, that's right, to the section "Approval of Plans", the second paragraph. So, "On February [the] 11[th], Superintendent Earley also approved an overall operational plan titled "Operations Plan: Freedom Convoy, Windsor Ambassador Bridge." The plan stated that it contemplated "an escalation in police response that is a considered and measured approach," and that "[e]vents associated with Ambassador Bridge blockade/convoys shall be addressed at the lowest competent level in an effort to affect a peaceful resolution." " So earlier, you mentioned in the context of discussing the frameworks, I think you talked about the measured approach, the use of PLT to engage and all of that. I want to ask you specifically to explain about this concept of addressing events at the lowest competent level in the context of a kind of ladder or escalation. What does that mean, the lowest competent level?

Volume 19 (November 8, 2022), page 54 19-054-10

Dana Earley, Supt (ON-OPP)

The less invasive, the less - - so lowest competent level would be -- the prime example would be our Provincial Liaison Team, you know, being able to discuss the removal or -- of protesters. For them to leave on their own would be ideal.

Volume 19 (November 8, 2022), page 55 19-055-06

Frank Au, Senior Counsel (POEC)

So that's what you would try first?

Volume 19 (November 8, 2022), page 55 19-055-11

Frank Au, Senior Counsel (POEC)

And then if that did not meet with success, then you escalate?

Volume 19 (November 8, 2022), page 55 19-055-14

Frank Au, Senior Counsel (POEC)

What would be the next ladder or the next step up the ladder?

Volume 19 (November 8, 2022), page 55 19-055-17

Dana Earley, Supt (ON-OPP)

I think jointly along with PLT, we are also using a media strategy to make sure that we were educating everybody in regards to that it was unlawful to be there, that there was other options that they could express freedom of speech. So there was the media attached at the same time as Provincial Liaison Teams were trying to develop rapport with the protestors.

Volume 19 (November 8, 2022), page 55 19-055-19

Frank Au, Senior Counsel (POEC)

And then if that didn’t work?

Volume 19 (November 8, 2022), page 55 19-055-26

Dana Earley, Supt (ON-OPP)

So next steps, we looked for different options in regards to enforcement. I do know that I had conversations with Windsor about their bylaws. There was a number of different parking bylaws in that area. So we learned that the protestors would park on side streets and then attend the protests. Their parking on side streets were illegal. So their bylaw enforcement was then deployed to the area. So a number of different tickets were given out to the vehicles, as well as some were towed. So that’s just another level to let protestors know that they aren’t to be there.

Volume 19 (November 8, 2022), page 55 19-055-27

Frank Au, Senior Counsel (POEC)

What’s next step up?

Volume 19 (November 8, 2022), page 56 19-056-09

Dana Earley, Supt (ON-OPP)

So again, all of these steps are not independent. All of these things are continuing. So even as cars are being towed by bylaw, we’re still trying to have negotiations and develop rapport with the protestors through PLT, we’re still using media to get that message out. The next step would be enforcement.

Volume 19 (November 8, 2022), page 56 19-056-10

Frank Au, Senior Counsel (POEC)

So we heard yesterday that even during the enforcement phase, attempts were still being made to allow some protestors to continue to protest, perhaps on the sidewalk outside the exclusion zone. Can you tell us more about that?

Volume 19 (November 8, 2022), page 56 19-056-16

Dana Earley, Supt (ON-OPP)

So the set area, or the operational area, was certainly explained through our social -- our media strategy, through the PLT, that people needed to remove -- be removed from there, or remove themselves. And then other options throughout the city are really available. Any public area. We have to keep in mind though that there are private businesses as well, and they wouldn’t welcome protestors. So we had to make sure that we educated them in regards to that.

Volume 19 (November 8, 2022), page 56 19-056-21

Frank Au, Senior Counsel (POEC)

Okay. So by the end of the day on February the 11th, I understand you approved this plan?

Volume 19 (November 8, 2022), page 57 19-057-03

Frank Au, Senior Counsel (POEC)

And were you satisfied that you’d received all of the necessary resources by then to implement the plan the next day?

Volume 19 (November 8, 2022), page 57 19-057-06

Frank Au, Senior Counsel (POEC)

And the plan then was to implement the action on the early morning on the 12th?

Volume 19 (November 8, 2022), page 57 19-057-10

Frank Au, Senior Counsel (POEC)

So I want to take you now to some specific events that unfolded on the 11th while you were making these plans.

Volume 19 (November 8, 2022), page 57 19-057-13

Frank Au, Senior Counsel (POEC)

I understand that some time in the afternoon while you were working on your plan, things were happening on the ground, and specifically, there was a kind of perceived breakthrough with the PLT team; right?

Volume 19 (November 8, 2022), page 57 19-057-17

Frank Au, Senior Counsel (POEC)

Tell us what happened?

Volume 19 (November 8, 2022), page 57 19-057-22

Dana Earley, Supt (ON-OPP)

One of the protestors had approached our Provincial Liaison Team and stated that if they had received a letter from the Government indicating that the Government was willing to meet with them, that they would leave. So PLT brought this to my attention immediately. I then asked for assistance through my command team to see if this letter -- see if the Government would agree to this, and to see if this letter could be produced.

Volume 19 (November 8, 2022), page 57 19-057-23

Frank Au, Senior Counsel (POEC)

So in our interview, you described this as a kind of breakthrough because this was the first substantial request that the PLT team received from the protestors?

Volume 19 (November 8, 2022), page 58 19-058-03

Dana Earley, Supt (ON-OPP)

Yes, it was very hopeful.

Volume 19 (November 8, 2022), page 58 19-058-07

Frank Au, Senior Counsel (POEC)

So if we go to your summary at page 12, so the second paragraph, at 4:25 p.m., that’s when you spoke to Commissioner Carrique about this request?

Volume 19 (November 8, 2022), page 58 19-058-08

Frank Au, Senior Counsel (POEC)

And then by 5:29 p.m., a draft letter was already approved?

Volume 19 (November 8, 2022), page 58 19-058-12

Frank Au, Senior Counsel (POEC)

That’s remarkably quick. Within hours.

Volume 19 (November 8, 2022), page 58 19-058-15

Frank Au, Senior Counsel (POEC)

What happened during those hours?

Volume 19 (November 8, 2022), page 58 19-058-18

Dana Earley, Supt (ON-OPP)

Quite a bit of back and forth in regards to just clarity as to what Mr. Neufeld was asking. And then, of course, it was the Commissioner’s command team who assisted in getting the letter so quickly, but it certainly demonstrated that we were trying our best to, you know, to get the protestors what they were asking for.

Volume 19 (November 8, 2022), page 58 19-058-19

Frank Au, Senior Counsel (POEC)

You were still optimistic about the lowest competent level?

Volume 19 (November 8, 2022), page 58 19-058-25

Frank Au, Senior Counsel (POEC)

Okay. So at 5:30, you engaged -- you took part in a teleconference ---

Volume 19 (November 8, 2022), page 58 19-058-28

Frank Au, Senior Counsel (POEC)

--- with some of the strategic leadership and you learned that -- so if we go down further the page. So near the middle of that paragraph, starting “At 5:30…”, do you see the reference to: “Superintendent Alakas informed call participants that PLT would be providing a letter to the Ottawa protestors that was similar to the letter from the provincial government to the Windsor protestors…” Right?

Volume 19 (November 8, 2022), page 59 19-059-03

Frank Au, Senior Counsel (POEC)

So now Superintendent -- Acting Superintendent Beaudin has testified at this hearing a week or so earlier.

Volume 19 (November 8, 2022), page 59 19-059-14

Frank Au, Senior Counsel (POEC)

And he told us -- perhaps the best way to summarize his evidence is if I take you to his summary.

Volume 19 (November 8, 2022), page 59 19-059-18

Frank Au, Senior Counsel (POEC)

Can we go to WTS00000037, please? So this is the interview summary of Insp. Beaudin.

Volume 19 (November 8, 2022), page 59 19-059-21

Frank Au, Senior Counsel (POEC)

If we go to page 4? Go down. So you’ll see that on February the 11th, the same day you were dealing with this break through in Windsor: “On February 11[th], 2022, Inspector Beaudin met virtually with Mr. Stewart and Mr. Hutchinson again. The plan at that point was to offer a meeting in exchange for demonstration leaders demanding that the trucks exit downtown Ottawa and denounce any criminal activity. Inspector Beaudin then briefed Acting Deputy Chief Ferguson, who was in agreement with the plan. Later that day, Inspector Beaudin also exchanged emails with OPP Superintendent Alakas about the actions being taken in Windsor and what kind of reaction that might create among the demonstrators in Ottawa.” So things were happening in Ottawa and you were dealing with rapidly developing situations in Windsor.

Volume 19 (November 8, 2022), page 59 19-059-25

Frank Au, Senior Counsel (POEC)

So going back to your summary, this call at 5:30, when you were informed by Alakas, Supt. Alakas about this development in Ottawa. Remember the middle of the paragraph?

Volume 19 (November 8, 2022), page 60 19-060-18

Frank Au, Senior Counsel (POEC)

So what -- the evidence given by Insp. Beaudin, does that accord with your understanding on the 11th at around 5:30?

Volume 19 (November 8, 2022), page 60 19-060-23

Frank Au, Senior Counsel (POEC)

And then if we go down the page, a serious of meetings continuing to about if we go to the next page, continuing to about 7:06 p.m., a series of meetings between you and your command team, as well as between you and your strategic leadership ---

Volume 19 (November 8, 2022), page 60 19-060-27

Frank Au, Senior Counsel (POEC)

--- at the OPP took place. Can you take us through those series of meetings?

Volume 19 (November 8, 2022), page 61 19-061-05

Dana Earley, Supt (ON-OPP)

Yes. After the call at approximately 5:30 that included Supt. Alakas, I made the decision that perhaps we need to delay what was happening in Windsor, because of the influence it could have in Ottawa. I then had conversations with the strategic commanders, Deputy Commissioner Harkins and Commissioner Carrique, and learned -- well, they reminded me that I did not need to act in my strategic commander role, that I needed to focus on Windsor. And it was during that conversation that they said, “Are you ready to go? Is your plan ready? Do you have the resources? Will, you know, the plan itself emphasized public and officer safety?” I said yes to that, and then I changed my mind and decided to continue with my plan, realizing that I didn’t know the intimate knowledge of what was going on in Ottawa, because my focus had to be Windsor.

Volume 19 (November 8, 2022), page 61 19-061-07

Frank Au, Senior Counsel (POEC)

Right. So going back to your initial concern when you were reconsidering implementing the plan the next day, what implications did you think the action in Windsor may have in Ottawa? What were those concerns?

Volume 19 (November 8, 2022), page 61 19-061-22

Dana Earley, Supt (ON-OPP)

That it might agitate things there. And at the same time, I had to -- again, my focus had to be on Windsor. So if we didn’t go forward with the plan and prolonged allowing the protestors to continue, what would that mean for Windsor? And that was my priority.

Volume 19 (November 8, 2022), page 61 19-061-26

Frank Au, Senior Counsel (POEC)

And then after you spoke to your command team, you had discussions with the strategic leadership, and that included Commissioner Carrique; right?

Volume 19 (November 8, 2022), page 62 19-062-03

Frank Au, Senior Counsel (POEC)

And Deputy Commissioner Harkins?

Volume 19 (November 8, 2022), page 62 19-062-07

Frank Au, Senior Counsel (POEC)

And in that discussion, that discussion between the strategic leadership and your role as an operational commander, ---

Volume 19 (November 8, 2022), page 62 19-062-09

Frank Au, Senior Counsel (POEC)

--- help us understand what was the strategic input and how that effected your decision, ultimately, as the operation commander?

Volume 19 (November 8, 2022), page 62 19-062-13

Dana Earley, Supt (ON-OPP)

M’hm. It was a reminder that I did not have all -- good situational awareness of what was happening in Ottawa. They did. And that my focus needed to be on Windsor. And I could them, without a doubt, that the plan was ready, the officers were ready, we had enough resources, we had tried the stepped approach and we were not getting anywhere. Of course, I was hopeful about the letter because at this time it had not been delivered yet, but any CIC will tell you that you have your planning and your resources ready, one of the best options would be not to deploy it because protesters left on their own. So I was still hopeful because the letter hadn't been delivered yet.

Volume 19 (November 8, 2022), page 62 19-062-16

Frank Au, Senior Counsel (POEC)

Right. So by 7:06 p.m., what was your final decision?

Volume 19 (November 8, 2022), page 63 19-063-01

Dana Earley, Supt (ON-OPP)

That we would be -- if needed, if the letter was not successful, that we would be launching the next morning our Operational Plan.

Volume 19 (November 8, 2022), page 63 19-063-03

Frank Au, Senior Counsel (POEC)

Now, this is the paragraph that you made the correction when we began ---

Volume 19 (November 8, 2022), page 63 19-063-06

Frank Au, Senior Counsel (POEC)

--- today's examination, and the correction you made was to the effect that it was your decision ---

Volume 19 (November 8, 2022), page 63 19-063-09

Frank Au, Senior Counsel (POEC)

--- as opposed to a decision made by the strategic leadership.

Volume 19 (November 8, 2022), page 63 19-063-13

Frank Au, Senior Counsel (POEC)

Why is that important to you?

Volume 19 (November 8, 2022), page 63 19-063-16

Dana Earley, Supt (ON-OPP)

Because all of those decisions moving forward in regards to Windsor and the plan, they were all my decisions.

Volume 19 (November 8, 2022), page 63 19-063-17

Frank Au, Senior Counsel (POEC)

Okay. So after this decision was made, at 8:00 p.m., if we go down the page, at 8:00 p.m., the letter that was previously approved was now signed by ---

Volume 19 (November 8, 2022), page 63 19-063-20

Frank Au, Senior Counsel (POEC)

--- Minister Jones and it was distributed to the protesters. What effect, if any, did it have that distribution of the letter?

Volume 19 (November 8, 2022), page 63 19-063-24

Dana Earley, Supt (ON-OPP)

Very little. Very little. It was disappointing.

Volume 19 (November 8, 2022), page 63 19-063-27

Frank Au, Senior Counsel (POEC)

And tell us about the -- what was going on by then with the protesters?

Volume 19 (November 8, 2022), page 64 19-064-03

Dana Earley, Supt (ON-OPP)

Well, because of the time of day, we had seen this throughout the week, that was kind of the heavier times for numbers of people. Some sort -- somewhat I would describe as a party atmosphere was happening, from usually eight o'clock on during the evenings, and this was no different. So the party atmosphere had certainly began, and again, it was just very disappointing that the letter had little effect ---

Volume 19 (November 8, 2022), page 64 19-064-05

Frank Au, Senior Counsel (POEC)

It wasn't ---

Volume 19 (November 8, 2022), page 64 19-064-12

Dana Earley, Supt (ON-OPP)

--- although I appreciated all the efforts getting the letter.

Volume 19 (November 8, 2022), page 64 19-064-13

Frank Au, Senior Counsel (POEC)

That wasn't what you were hoping for.

Volume 19 (November 8, 2022), page 64 19-064-15

Frank Au, Senior Counsel (POEC)

So now was it time to escalate up the ladder?

Volume 19 (November 8, 2022), page 64 19-064-18

Frank Au, Senior Counsel (POEC)

Okay. So that takes us to the end of the day on the 11th. My colleague --- Mr. Commissioner, my colleague, Ms. Hedaraly, will continue examination with the events the following day.

Volume 19 (November 8, 2022), page 64 19-064-21

Paul Rouleau, Commissioner (POEC)

Okay, thank you. Is this a good time for the morning break and we can come back at -- in 15 minutes?

Volume 19 (November 8, 2022), page 64 19-064-25

Frank Au, Senior Counsel (POEC)

It would be.

Volume 19 (November 8, 2022), page 64 19-064-28

Paul Rouleau, Commissioner (POEC)

Okay. So we'll take the morning break, come back in 15 minutes.

Volume 19 (November 8, 2022), page 65 19-065-01

Frank Au, Senior Counsel (POEC)

Thank you.

Volume 19 (November 8, 2022), page 65 19-065-03

Dana Earley, Supt (ON-OPP)

Thank you. Thank you, sir.

Volume 19 (November 8, 2022), page 65 19-065-04

The Registrar (POEC)

The Commission is in recess for 15 minutes. La Commission est levée pour 15 minutes.

Volume 19 (November 8, 2022), page 65 19-065-06

Upon recessing at 10:50 a.m.

Upon resuming at 11:09 a.m.

The Registrar (POEC)

Order. À l'ordre. The Commission has reconvened. La Commission reprend.

Volume 19 (November 8, 2022), page 65 19-065-10

SUPT. DANA EARLEY, Resumed

Paul Rouleau, Commissioner (POEC)

Okay. Go ahead.

Volume 19 (November 8, 2022), page 65 19-065-13

EXAMINATION IN-CHIEF BY MS. SAJEDA HEDARALY

Sajeda Hedaraly, Counsel (POEC)

Good morning, Superintendent Earley.

Volume 19 (November 8, 2022), page 65 19-065-15

Sajeda Hedaraly, Counsel (POEC)

My name is Sajeda Hedaraly. I'm Commission Counsel, and I will be asking you some questions this morning.

Volume 19 (November 8, 2022), page 65 19-065-18

Sajeda Hedaraly, Counsel (POEC)

I'm going to continue where my colleague left off on February 11th. A lot of things happened that day. On that day, the Ontario Supreme Court of Justice also granted an injunction prohibiting a blockade on the Ambassador Bridge. Can you explain briefly how you used this injunction and if you found it helpful in terms of the blockade?

Volume 19 (November 8, 2022), page 65 19-065-22

Dana Earley, Supt (ON-OPP)

The injunction was another tool that could be considered by myself and my team. We also made sure that the injunction was included in the media strategy so that everyone was aware that it existed. And -- so that's how it was used. I saw it as a tool.

Volume 19 (November 8, 2022), page 65 19-065-28

Sajeda Hedaraly, Counsel (POEC)

I'd like to pull up your notes, please, at OPP00004551. If we go down to page 9, there is a note at 4:58 p.m. that says: "[P]rotesters are getting ready to leave now that injunction stands - intel from crowd." What was the source of this Intelligence?

Volume 19 (November 8, 2022), page 66 19-066-05

Dana Earley, Supt (ON-OPP)

That was coming from some of the officers from the frontline, as well as perhaps the -- and I can't recall exactly, but it was being discussed amongst the crowd.

Volume 19 (November 8, 2022), page 66 19-066-13

Sajeda Hedaraly, Counsel (POEC)

And so it says that protesters are getting to leave. Did some leave because of the injunction?

Volume 19 (November 8, 2022), page 66 19-066-17

Dana Earley, Supt (ON-OPP)

Very little, if any at all. I can't recall.

Volume 19 (November 8, 2022), page 66 19-066-20

Sajeda Hedaraly, Counsel (POEC)

On February 11th there was also a province-wide emergency declared by Premier Ford under the Emergency Management and Civil Protection Act. How did that impact the blockade?

Volume 19 (November 8, 2022), page 66 19-066-22

Dana Earley, Supt (ON-OPP)

Again, we used it as part of our media strategy. We made sure that people were aware that -- what it meant to them if you were protesting. We actually did up information pamphlets for the crowd that explained some of the consequences of the Act and had Provincial Liaison Teams distribute those. But again, some did leave as a result. Others did not.

Volume 19 (November 8, 2022), page 66 19-066-26

Sajeda Hedaraly, Counsel (POEC)

Did you find that one of these two tools, the emergency measures or the injunction, was more or less useful than the other, did they work in conjunction? Can you just explain a little more?

Volume 19 (November 8, 2022), page 67 19-067-05

Dana Earley, Supt (ON-OPP)

I would say they worked in conjunction and, as I’ve mentioned several times, the situation being so dynamic that a lot of options are useful, and so I saw both of them as tools, as options for us.

Volume 19 (November 8, 2022), page 67 19-067-09

Sajeda Hedaraly, Counsel (POEC)

Great. So we talked a little bit earlier about resources that were necessary for the plan to be implemented on the 12th.

Volume 19 (November 8, 2022), page 67 19-067-13

Sajeda Hedaraly, Counsel (POEC)

One of the things that the plan required is towing capacity.

Volume 19 (November 8, 2022), page 67 19-067-17

Sajeda Hedaraly, Counsel (POEC)

Correct? So where did you obtain tow trucks?

Volume 19 (November 8, 2022), page 67 19-067-20

Dana Earley, Supt (ON-OPP)

So towing was included in our traffic plan and knowing that we may have to have an operation - - an action of operation and remove vehicles, that obviously had to be considered. Windsor Police Service has a contract with a local towing company who made their tow trucks available, and also, because we weren’t sure the exact numbers of what would need to be towed, we had the option of tow trucks come in from Detroit.

Volume 19 (November 8, 2022), page 67 19-067-22

Sajeda Hedaraly, Counsel (POEC)

So first for the local company that Windsor Police Service had a contract with, was there any issues with their willingness to assist in the context of the protests?

Volume 19 (November 8, 2022), page 68 19-068-03

Dana Earley, Supt (ON-OPP)

No, there was not.

Volume 19 (November 8, 2022), page 68 19-068-07

Sajeda Hedaraly, Counsel (POEC)

And as for the tow trucks that came from Detroit, I’d like to pull up WPS000001090, please. This is an email from Chief Minuzo (sic) to Deputy Chief Bellaire that forwards an email from the Michigan government. In there, we see that the -- that Michigan doesn’t have state resources to offer but are willing to put the Windsor Police Service in touch with private contractors. And as you can see, Chief Minuzo (sic) says they have no machinery or tow trucks to offer. “Please let the team know there is no assistance in tow trucks or machinery from the U.S.”. Were you made aware of the fact that the States didn’t have tow trucks to offer?

Volume 19 (November 8, 2022), page 68 19-068-08

Dana Earley, Supt (ON-OPP)

Not that specific detail, but I do know that the Inspector in charge of the traffic and towing plan had made connections with perhaps the contractors that they mentioned to arrange for tow trucks to be on standby.

Volume 19 (November 8, 2022), page 68 19-068-21

Sajeda Hedaraly, Counsel (POEC)

And when did you obtain the tow trucks from Michigan?

Volume 19 (November 8, 2022), page 68 19-068-25

Dana Earley, Supt (ON-OPP)

They came -- I believe they came the morning of the 12th.

Volume 19 (November 8, 2022), page 68 19-068-27

Sajeda Hedaraly, Counsel (POEC)

And I understand that they weren’t used in the end?

Volume 19 (November 8, 2022), page 69 19-069-01

Sajeda Hedaraly, Counsel (POEC)

When did they leave?

Volume 19 (November 8, 2022), page 69 19-069-04

Sajeda Hedaraly, Counsel (POEC)

I understand that the blockade was only cleared on the following day?

Volume 19 (November 8, 2022), page 69 19-069-06

Sajeda Hedaraly, Counsel (POEC)

Why were the trucks sent back to the U.S. if the blockade wasn’t cleared yet?

Volume 19 (November 8, 2022), page 69 19-069-09

Dana Earley, Supt (ON-OPP)

The area that we were able to clear on the 12th was significant, was more than we anticipated, and so the area that we needed to continue to clear on the 13th did not have a large amount of vehicles, so we were confident that the tow company from Windsor would be able to support what we needed.

Volume 19 (November 8, 2022), page 69 19-069-11

Sajeda Hedaraly, Counsel (POEC)

As for the resources that were required, I understand that you also arranged for road barriers to hold areas that were cleared?

Volume 19 (November 8, 2022), page 69 19-069-17

Sajeda Hedaraly, Counsel (POEC)

What did you get to use as road barriers, what kind of resources?

Volume 19 (November 8, 2022), page 69 19-069-21

Dana Earley, Supt (ON-OPP)

Windsor Police were able to use their -- obviously the connections with the city to use large trucks and as well they had a certain amount of cement barriers that were available to them and then we worked through our partnership with MTO to work with one of their contractors to bring in more cement barriers.

Volume 19 (November 8, 2022), page 69 19-069-23

Sajeda Hedaraly, Counsel (POEC)

Were there any issues in securing any of these resources?

Volume 19 (November 8, 2022), page 70 19-070-01

Sajeda Hedaraly, Counsel (POEC)

So we also talked earlier about the officers that you needed to carry out the plans. I understand there were frontline officers, POUs, et cetera. I understand that you also had RCMP POU officers?

Volume 19 (November 8, 2022), page 70 19-070-04

Sajeda Hedaraly, Counsel (POEC)

Do you know how many RCMP officers were deployed in Windsor?

Volume 19 (November 8, 2022), page 70 19-070-09

Dana Earley, Supt (ON-OPP)

I’d have to refer to my notes, but I believe it was a POU team consisting of approximately 40 and then an additional -- they send their Emergency Response Teams with their POU, so I think there was an additional 10 there. And then we also had assistance from the RCMP officers that assisted on the front line as well.

Volume 19 (November 8, 2022), page 70 19-070-11

Sajeda Hedaraly, Counsel (POEC)

Do you know where the RCMP officers came from?

Volume 19 (November 8, 2022), page 70 19-070-17

Dana Earley, Supt (ON-OPP)

No. I did meet some of them and they were from all over, really.

Volume 19 (November 8, 2022), page 70 19-070-19

Sajeda Hedaraly, Counsel (POEC)

I’d like to pull up DOJ.IR.60, rows 11, please, at page 55. At point 250, if we scroll down a little bit, there’s a note that on February 10th, the Windsor Police Service contacted the Minister of Public Safety to request RCMP assistance with respect to the Ambassador Bridge.

Volume 19 (November 8, 2022), page 70 19-070-21

Paul Rouleau, Commissioner (POEC)

Slow down a bit for the translators, please.

Volume 19 (November 8, 2022), page 70 19-070-27

Sajeda Hedaraly, Counsel (POEC)

That same day, the RCMP deployed a TSG that was deployed in Ottawa to Windsor. I understand that a TSG is a Tactical Support Group? To your knowledge, is that the unit that came to Windsor?

Volume 19 (November 8, 2022), page 71 19-071-01

Dana Earley, Supt (ON-OPP)

I’m not sure. I couldn’t comment on that.

Volume 19 (November 8, 2022), page 71 19-071-06

Sajeda Hedaraly, Counsel (POEC)

We can pull that down, Mr. Clerk. Thank you. I understand that OPP also deployed PLT ---

Volume 19 (November 8, 2022), page 71 19-071-08

Sajeda Hedaraly, Counsel (POEC)

--- members to Windsor? One of the recommendations that you made in your witness summary is that there should be a PLT unit in the Windsor Police Service and PLT training should be provided to Windsor Police officers. Could you please expand on why you made that recommendation?

Volume 19 (November 8, 2022), page 71 19-071-12

Dana Earley, Supt (ON-OPP)

The efforts and the achievements of our Provincial Liaison Team not only in Windsor, but any incident that they attend, is remarkable, the community as well as our organization. We have a responsibility to try to develop that rapport in incidents where we don’t see eye to eye just so that everybody can be heard. And the Provincial Liaison Team allows that to happen within our different groups within our societies and our communities, and so that’s why I would urge that any police service have some sort of team that allows for that rapport and that communication piece.

Volume 19 (November 8, 2022), page 71 19-071-19

Sajeda Hedaraly, Counsel (POEC)

Would you make a similar recommendation regarding POU training that all municipal forces, perhaps, should have that sort of training?

Volume 19 (November 8, 2022), page 72 19-072-02

Dana Earley, Supt (ON-OPP)

I think depending on where the municipal service is and any key infrastructures that may be targeted, that has to be a consideration. And if, in fact, they can’t have a team, perhaps they need to have some sort of Memorandum of Understanding with another service that could facilitate a POU unit for them if needed.

Volume 19 (November 8, 2022), page 72 19-072-05

Sajeda Hedaraly, Counsel (POEC)

So you mentioned earlier today to my colleague that by the end of February 11 you had all the resources that you needed ---

Volume 19 (November 8, 2022), page 72 19-072-11

Sajeda Hedaraly, Counsel (POEC)

--- for your plan, and that you implemented it on the morning of February 12th. I understand that one of the reasons that it started early in the morning is that there would be fewer protestors and that no children were likely to be present according to intelligence.

Volume 19 (November 8, 2022), page 72 19-072-15

Sajeda Hedaraly, Counsel (POEC)

Did you have a contingency plan in place in case there were, indeed, children present?

Volume 19 (November 8, 2022), page 72 19-072-22

Dana Earley, Supt (ON-OPP)

Yes, we did. So we had a vehicle set aside that would transport children from the scene. We also worked with the local Children’s Aid Society for assistance and, as well, Windsor had kind of spearheaded this but they had their victim response unit in attendance to support any children that may be present.

Volume 19 (November 8, 2022), page 72 19-072-24

Sajeda Hedaraly, Counsel (POEC)

And so while we’re on the contingency plan, can you explain the importance of having those kinds of plans in place and how you decide what to prepare for as contingencies?

Volume 19 (November 8, 2022), page 73 19-073-03

Dana Earley, Supt (ON-OPP)

So as I’ve discussed before, you need to have as many options as possible, especially in an incident like this, and so once you learn of -- or once you have developed that situational awareness and some of the challenges that you may be faced with, but during the incident, you need to make sure that options are covered for each one. So for example, you mention traffic. Well that includes towing as well. And so did the POU plan. Knowing that children were present at different times during the day during this protest, that was an obvious thing for me to make sure that it was addressed.

Volume 19 (November 8, 2022), page 73 19-073-07

Sajeda Hedaraly, Counsel (POEC)

So on the morning of February 12th, you start implementing the plan.

Volume 19 (November 8, 2022), page 73 19-073-18

Sajeda Hedaraly, Counsel (POEC)

Please explain how the plan was carried out?

Volume 19 (November 8, 2022), page 73 19-073-21

Dana Earley, Supt (ON-OPP)

We had a very early morning briefing, which included every team member that was going to be involved. So that would be all of our POU contingent, as well as the front-line officers, as well as the admin support. The plan was explained to everyone. I addressed everyone and thanked them for their support and efforts. It was shortly after that that we then staged at the areas that were set out in the plan. Before the plan was to move forward, PLT was to, again, address the crowd and let them know that with POU standing behind them, let them know that POU would be attempting to clear the area and giving them another opportunity to leave the area on their own. Another important part of the plan is that we always left an area open so that if somebody wanted to leave the operational area while POU was present, they could do so on their own.

Volume 19 (November 8, 2022), page 73 19-073-23

Sajeda Hedaraly, Counsel (POEC)

I’d like to pull up COMM00000926, please, Mr. Clerk. This is a map of Windsor and will maybe help explain the planning by phases that you briefly alluded to earlier.

Volume 19 (November 8, 2022), page 74 19-074-12

Sajeda Hedaraly, Counsel (POEC)

Or explain more visually how it happened.

Volume 19 (November 8, 2022), page 74 19-074-18

Sajeda Hedaraly, Counsel (POEC)

So you explained earlier today that the plan was to clear the protestors in phases ---

Volume 19 (November 8, 2022), page 74 19-074-21

Sajeda Hedaraly, Counsel (POEC)

--- because the area was perhaps too large to do it all at once.

Volume 19 (November 8, 2022), page 74 19-074-24

Sajeda Hedaraly, Counsel (POEC)

Can you explain a little further what the phases were and how they were carried out?

Volume 19 (November 8, 2022), page 74 19-074-27

Dana Earley, Supt (ON-OPP)

M’hm. It’s a bit difficult to see the side roads. Okay. So right in behind the McDonald’s is obviously where the bridge is. So we wanted to go from the bridge to the intersection, to the train tracks. So there’s train tracks right in front of the entrance to the bridge. That was a certain area. We then wanted to move from the tracks itself to the intersection at the McDonald’s there since that’s a clear point. That would be another section. And then ultimately make our way down to Tecumseh Road. So it was basically put into three different sections. Those were determined by the POU plan and the POU team leaders in regards to what would be most effective. And obviously I respected and trusted their subject matter expertise.

Volume 19 (November 8, 2022), page 75 19-075-01

Sajeda Hedaraly, Counsel (POEC)

And I understand that after each area was cleared, you would use the resources that we discussed earlier to block passage?

Volume 19 (November 8, 2022), page 75 19-075-14

Dana Earley, Supt (ON-OPP)

Correct. So we would use a mixture of the larger trucks, the cement barriers, and officers as well.

Volume 19 (November 8, 2022), page 75 19-075-17

Sajeda Hedaraly, Counsel (POEC)

Then once the whole area was cleared after the three phases were completed, that brought us to February 13th?

Volume 19 (November 8, 2022), page 75 19-075-20

Sajeda Hedaraly, Counsel (POEC)

And that’s when the traffic plan came into place? Is that right?

Volume 19 (November 8, 2022), page 75 19-075-24

Sajeda Hedaraly, Counsel (POEC)

Can you explain a little bit more what the traffic plan in itself entailed?

Volume 19 (November 8, 2022), page 75 19-075-27

Dana Earley, Supt (ON-OPP)

Yes. So the traffic plan was to -- as I said to my team that day, it’s one thing to open the bridge, it’s another thing to keep it open. So the traffic plan, the traffic and towing plan addressed maintaining the safe flow of traffic to and from the United States. So the traffic plan incorporated the cement barriers that we discussed, and blocking all the intersections, And I won’t say all, but most of the intersections down Huron Church, to ensure that we did not have protestors coming from the side streets onto the road again and taking it back. The infrastructure of Windsor is a huge challenge when it comes to the entrance of the bridge, and that’s why the need for all the resources that were required in regards to the cement barriers. This traffic plan also had marked areas that intersections were attended by officers, rather than cement barriers, for safety reasons for EMS and fire, to make sure that they could get through, and then also too, we incorporated two different areas for pedestrian traffic as well.

Volume 19 (November 8, 2022), page 76 19-076-01

Sajeda Hedaraly, Counsel (POEC)

Were local residents able to cross Huron Church at any point with their personal vehicles?

Volume 19 (November 8, 2022), page 76 19-076-20

Dana Earley, Supt (ON-OPP)

Yes -- no, they weren’t at certain times, but towards the end, towards E.C. Row and that area, they were able to cross into the other side of the city. Again, another big part of the traffic plan was the media strategy. So we made sure that we communicated this to the community at every step of the way. What it looked like, what the alternate routes were to the different businesses, to the different areas of the city. We made sure that all of those were set up as well. And Windsor Police had, obviously, a big hand in that, working with the Roads Department.

Volume 19 (November 8, 2022), page 76 19-076-22

Sajeda Hedaraly, Counsel (POEC)

This is, I think, what Deputy Chief Crowley yesterday referred to as an area of control?

Volume 19 (November 8, 2022), page 77 19-077-04

Sajeda Hedaraly, Counsel (POEC)

And I think you referred to it in your interview as an exclusion zone?

Volume 19 (November 8, 2022), page 77 19-077-08

Sajeda Hedaraly, Counsel (POEC)

Under which authority did you create the exclusion zone?

Volume 19 (November 8, 2022), page 77 19-077-11

Dana Earley, Supt (ON-OPP)

We relied on the Criminal Code for keeping people out of the area. We had specific tasks for the officers that were assigned to the traffic plan to investigate anybody who maybe appeared suspicious, or who may stop in the exclusion zone. So it was clearly communicated to the community through MTO signs, through social media that if you were going to be on Huron Church, you’re going to the bridge.

Volume 19 (November 8, 2022), page 77 19-077-13

Sajeda Hedaraly, Counsel (POEC)

And I understand that there were RCMP frontline resources that ---

Volume 19 (November 8, 2022), page 77 19-077-21

Sajeda Hedaraly, Counsel (POEC)

--- arrived, as you mentioned little earlier.

Volume 19 (November 8, 2022), page 77 19-077-24

Sajeda Hedaraly, Counsel (POEC)

And I also understand that there was a delay in swearing them in? Is that right?

Volume 19 (November 8, 2022), page 77 19-077-27

Dana Earley, Supt (ON-OPP)

Yes, if it ever happened at all. I don’t think it did happen.

Volume 19 (November 8, 2022), page 78 19-078-01

Sajeda Hedaraly, Counsel (POEC)

And why was it necessary to swear in these officers, or would it have been useful?

Volume 19 (November 8, 2022), page 78 19-078-03

Dana Earley, Supt (ON-OPP)

They would be able to address anything under the Criminal Code, but anything under provincial or municipal legislation, they would not be able to address. And since they were being deployed to assist the frontline, we needed them to make -- we needed them to have those options. So what we did instead, because of the delay, is that we made sure that they were partnered with another police service, so OPP or Windsor, that did have those abilities.

Volume 19 (November 8, 2022), page 78 19-078-05

Sajeda Hedaraly, Counsel (POEC)

And it’s one of the recommendations that you also made in your interview, that the process for granting RCMP officers provincial and municipal authorities be streamlined.

Volume 19 (November 8, 2022), page 78 19-078-13

Sajeda Hedaraly, Counsel (POEC)

What was the difficulty in getting them sworn in?

Volume 19 (November 8, 2022), page 78 19-078-18

Dana Earley, Supt (ON-OPP)

I don’t think there was really clear direction as to who had to do it, when did it have to be done, could it be done remotely, did it have to be done with them in person? So there was a lot of phone calls back and forth with myself, along with Windsor Police Service, at a time where really we should have just been left alone to focus on the incident itself. So that’s what I mean by more streamlined before RCMP officers arrived to assist.

Volume 19 (November 8, 2022), page 78 19-078-20

Sajeda Hedaraly, Counsel (POEC)

And did it cause any delay that you had to change your plan to pair RCMP officers with OPP or Windsor Police Service officers?

Volume 19 (November 8, 2022), page 78 19-078-28

Dana Earley, Supt (ON-OPP)

No, we just looked for a different option, because obviously we needed them on the frontline. So that’s what we did instead.

Volume 19 (November 8, 2022), page 79 19-079-03

Sajeda Hedaraly, Counsel (POEC)

So if we go to the next day, on February 14th, the Emergencies Act was invoked by the Federal Government.

Volume 19 (November 8, 2022), page 79 19-079-06

Sajeda Hedaraly, Counsel (POEC)

In your view, did it have any impact on the situation in Windsor?

Volume 19 (November 8, 2022), page 79 19-079-10

Dana Earley, Supt (ON-OPP)

Well, things were much different then because the traffic was flowing and it’s hard to say if it had any difference. But I do know that, again, it was communicated through our media strategy that people were aware of the additional Act being legislated and what it meant to them, and the definition of certain things, obviously a bridge that fell under the Act.

Volume 19 (November 8, 2022), page 79 19-079-12

Sajeda Hedaraly, Counsel (POEC)

Yesterday Deputy Chief Crowley mentioned that it may have been dissuasive to the protestors ---

Volume 19 (November 8, 2022), page 79 19-079-19

Sajeda Hedaraly, Counsel (POEC)

--- to come back. Would you agree?

Volume 19 (November 8, 2022), page 79 19-079-23

Dana Earley, Supt (ON-OPP)

I agree. M’hm. Again, it was another tool that we were able to use.

Volume 19 (November 8, 2022), page 79 19-079-25

Sajeda Hedaraly, Counsel (POEC)

Was there a clear plan that you were aware of that the protestors wanted to re-blockade the Ambassador Bridge after it was cleared on the 12th and the 13th?

Volume 19 (November 8, 2022), page 79 19-079-27

Dana Earley, Supt (ON-OPP)

Yes, we continued to observe and receive intelligence that indicated, I think it was on the date of -- I know it’s in my notes, on the date of the 15th or 16th, there was a Facebook posting that was called Take Back the Bridge, and it was associated to all the things that had -- were then transpiring in Ottawa, and basically the posts were saying, you know, "everybody's -- all the police are gone to Ottawa, so let's take back the bridge." That's something that we watched very closely. Also, Windsor Police had had a group of protesters on a regular basis, and I think Deputy Chief Crowley spoke to that, that would meeting during the convoys on a regular basis. So we maintained kind of Intelligence on, you know, what will that group bring. But certainly there was the fear that they would think that numbers were being deployed to Ottawa and then try to take advantage of that and take back the bridge.

Volume 19 (November 8, 2022), page 80 19-080-02

Sajeda Hedaraly, Counsel (POEC)

I think your notes, and I can put them up if that would be helpful, also mention that once the injunction is expired they are looking to blockade again.

Volume 19 (November 8, 2022), page 80 19-080-19

Sajeda Hedaraly, Counsel (POEC)

Was that also a consideration that the injunction was going to expire?

Volume 19 (November 8, 2022), page 80 19-080-23

Dana Earley, Supt (ON-OPP)

Yes. There was Intelligence that indicated that, that that's what they were considering.

Volume 19 (November 8, 2022), page 80 19-080-25

Sajeda Hedaraly, Counsel (POEC)

So did you think that the renewal of the injunction on February 18th was helpful in preventing that?

Volume 19 (November 8, 2022), page 80 19-080-27

Dana Earley, Supt (ON-OPP)

Well, to those who, yeah, were going to try to take it back after it expired, yes.

Volume 19 (November 8, 2022), page 81 19-081-02

Sajeda Hedaraly, Counsel (POEC)

So as of February 20th, I understand that you adopted a Demobilisation Plan?

Volume 19 (November 8, 2022), page 81 19-081-04

Sajeda Hedaraly, Counsel (POEC)

What is a Demobilisation Plan?

Volume 19 (November 8, 2022), page 81 19-081-07

Dana Earley, Supt (ON-OPP)

It was a plan to obviously demobilise our resources, not only for officers but just kind of give the incident entirely to Windsor Police Service as soon as they could kind of sustain it themselves. Also, keeping in mind and respecting the fact of that they had calls for service, they had a city to police as well, so we did it in a staged approach. It also included demobilising certain areas of the Traffic Plan. So on a daily basis, sometimes on a, you know, an hourly basis, we would monitor the traffic flow, along with the Intelligence, along with the reports from our Provincial Liaison Team, and what the frontline was seeing, to see if there was areas where we could perhaps remove some of the barriers. So we evaluated that constantly and opened intersections a point at a time. You can see in the Demobilisation Plan that we actually had some dates set out for each intersection to be considered. Some of those dates were met, other dates were actually opened intersections earlier than we anticipated.

Volume 19 (November 8, 2022), page 81 19-081-09

Sajeda Hedaraly, Counsel (POEC)

Maybe for the record we could put it up. It's WPS000000719. I believe at page 4. Perhaps scroll down a little bit. Is this what you were referring to?

Volume 19 (November 8, 2022), page 81 19-081-27

Sajeda Hedaraly, Counsel (POEC)

So I see that the latest potential reopening date is March 13th?

Volume 19 (November 8, 2022), page 82 19-082-05

Sajeda Hedaraly, Counsel (POEC)

Why would it take about three weeks to clear all the intersections?

Volume 19 (November 8, 2022), page 82 19-082-08

Dana Earley, Supt (ON-OPP)

We -- that was sort of kind of a review of -- based on the information we had when the plan was created. Those two -- the last two intersections were the heavier intersections in regards to protests, and those are the two that are obviously closest to the bridge entrance, so that's why they were kind of put until the end to see how the community as well as the intel and all of that what we were receiving to see how the other intersections were being cleared. Was it being received well? Did we have any other threat of a protest? So that's why it was kind of spanned along that amount of time.

Volume 19 (November 8, 2022), page 82 19-082-10

Sajeda Hedaraly, Counsel (POEC)

Do you know when they were ultimately reopened, the last intersection?

Volume 19 (November 8, 2022), page 82 19-082-20

Sajeda Hedaraly, Counsel (POEC)

I understand you stopped being Critical Incident Commander in Windsor on February 23rd?

Volume 19 (November 8, 2022), page 82 19-082-23

Sajeda Hedaraly, Counsel (POEC)

How was the transition of command from yourself to the Windsor Police Service?

Volume 19 (November 8, 2022), page 82 19-082-26

Dana Earley, Supt (ON-OPP)

Again, it was seamless. And we worked every day, every night side by side, so really, it was seamless when we left. We just wanted to make sure that Windsor had the proper amount of resources to be able to deal with anything if it should occur. And of course some of our officers remained there until the end of the month, end of February.

Volume 19 (November 8, 2022), page 82 19-082-28

Sajeda Hedaraly, Counsel (POEC)

I'd like to take you back to another of your recommendations before we end. You mentioned that the Critical Incident Commander should visit frontline officers and ask them what they need.

Volume 19 (November 8, 2022), page 83 19-083-06

Sajeda Hedaraly, Counsel (POEC)

I understand that that's something that you did ---

Volume 19 (November 8, 2022), page 83 19-083-11

Dana Earley, Supt (ON-OPP)

I think that every Critical Incident Commander attempts to go on ground, it's just because of, again, the dynamic situation, it's not always to do. So once I had an opportunity I did make a point of visiting the different checkpoints to check on the wellness of our members, and when I say "our members" I mean any police officer that was out there. I also asked them for their input, if there was anything else that we needed to get done or that we could do better. It was from one of those visits that the interactive posts in regards to the Traffic Plan and updating on a regular basis it came from a frontline officer, saying, you know, "I'm dealing with a local resident who wasn't sure where the crosswalks were. So could we post it and keep it up-to-date?" So I took that right back to the Command Post and made sure that that was done right away so that a member of the public at any time just could click on a link and know where the cross the road. So it's those things as well. And most importantly, it's a way to thank them for their efforts, considering that a lot of them had been away from home for quite sometime, and know that their efforts were having an impact.

Volume 19 (November 8, 2022), page 83 19-083-17

Sajeda Hedaraly, Counsel (POEC)

This is the last document that I'll take you to today. If we could please put up OPP00004552, page 26. Those are the scribe notes from February 13th. At 12:17... So if we can scroll down a little bit. ...Commissioner Carrique thanked you for having performed to perfection on world stage. What for you made the Windsor Operation such a success?

Volume 19 (November 8, 2022), page 84 19-084-11

Dana Earley, Supt (ON-OPP)

The team. Absolutely the team. It was a remarkable collaboration and cooperation. It didn't matter what uniform you were wearing, what rank you were, what role you had, it was a tremendous effort by a remarkable team.

Volume 19 (November 8, 2022), page 84 19-084-20

Sajeda Hedaraly, Counsel (POEC)

Is there anything else that you would like to say to the Commission that we haven't asked you this morning?

Volume 19 (November 8, 2022), page 84 19-084-25

Dana Earley, Supt (ON-OPP)

I don't think so at this point. Thank you.

Volume 19 (November 8, 2022), page 84 19-084-28

Sajeda Hedaraly, Counsel (POEC)

Those are all my questions for you, Superintendent. Thank you very much for your time.

Volume 19 (November 8, 2022), page 85 19-085-02

Paul Rouleau, Commissioner (POEC)

Okay, thank you very much. So I'd like to first call on the Government of Canada. Do you have any questions?

Volume 19 (November 8, 2022), page 85 19-085-05

Andrea Gonsalves, Counsel (GC)

Thank you, Commissioner.

Volume 19 (November 8, 2022), page 85 19-085-08

CROSS-EXAMINATION BY MS. ANDREA GONSALVES

Andrea Gonsalves, Counsel (GC)

Good morning, Superintendent.

Volume 19 (November 8, 2022), page 85 19-085-10

Andrea Gonsalves, Counsel (GC)

My name is Andrea Gonsalves, and I am one of the lawyers representing the Government of Canada in this Inquiry. I just want to begin by going back to the information you received, I guess it was late, you had many late nights, so late night on February 9th as to the state of play in Windsor when you were assigned the role of Critical Incident Commander. And in response to questions from Commission Counsel, you'll recall that he pulled up the bullet point email that you sent to the two deputies.

Volume 19 (November 8, 2022), page 85 19-085-13

Andrea Gonsalves, Counsel (GC)

And one of the concerns that was raised with you early on, I gather, was the dynamics of the crowd that was engaged in the protest activity; right?

Volume 19 (November 8, 2022), page 85 19-085-24

Andrea Gonsalves, Counsel (GC)

Under your direction, PLT teams became engaged early on trying to identify leaders; right?

Volume 19 (November 8, 2022), page 85 19-085-28

Andrea Gonsalves, Counsel (GC)

But as you understood from the PLT teams, the protesters were disjointed, disorganised I think were your words; right?

Volume 19 (November 8, 2022), page 86 19-086-03

Andrea Gonsalves, Counsel (GC)

And in this kind of a situation, police don't know whether the group will even listen to someone who puts themselves forward as a leader; right?

Volume 19 (November 8, 2022), page 86 19-086-07

Dana Earley, Supt (ON-OPP)

That's correct, and especially in this instance because we -- nobody was really being identified as a leader.

Volume 19 (November 8, 2022), page 86 19-086-10

Andrea Gonsalves, Counsel (GC)

Right. And there was -- I understand you spoke about the three groups, there was some infighting among them?

Volume 19 (November 8, 2022), page 86 19-086-13

Andrea Gonsalves, Counsel (GC)

And the demands of the group, to the extent they were even known, were problematic.

Volume 19 (November 8, 2022), page 86 19-086-17

Andrea Gonsalves, Counsel (GC)

Right? I think I saw in your notes of February 10th at OPP00004543 that the protesters had no desire to leave and wanted to remain until all restrictions were lifted. That was your understanding?

Volume 19 (November 8, 2022), page 86 19-086-20

Andrea Gonsalves, Counsel (GC)

Your bullet point note to the Deputy Chiefs also talked about the crowd being agitated, and that was true at various times through the protest; right?

Volume 19 (November 8, 2022), page 86 19-086-25

Andrea Gonsalves, Counsel (GC)

In your notes again February 10th, I saw that you described a wilder crowd arriving at night?

Volume 19 (November 8, 2022), page 87 19-087-01

Andrea Gonsalves, Counsel (GC)

That's when the drinking and the pot smoking would begin?

Volume 19 (November 8, 2022), page 87 19-087-05

Andrea Gonsalves, Counsel (GC)

Yes. And Inspector Younan described the crowd dynamics as being violent; do you remember that?

Volume 19 (November 8, 2022), page 87 19-087-08

Andrea Gonsalves, Counsel (GC)

We heard evidence from Deputy Chief Crowley yesterday, but I just want to confirm, you were also aware from the briefings you received that there had been threats to surround and storm police station?

Volume 19 (November 8, 2022), page 87 19-087-12

Dana Earley, Supt (ON-OPP)

Yes, as well as the tunnel.

Volume 19 (November 8, 2022), page 87 19-087-16

Andrea Gonsalves, Counsel (GC)

The tunnel? Right. Officers were swarmed when they tried to arrest the individual whose car jumped the curb?

Volume 19 (November 8, 2022), page 87 19-087-17

Andrea Gonsalves, Counsel (GC)

There had been threats when attempts were made to tow two vehicles prior to your arrival?

Volume 19 (November 8, 2022), page 87 19-087-21

Andrea Gonsalves, Counsel (GC)

You heard about a possible protest at the Windsor Airport?

Volume 19 (November 8, 2022), page 87 19-087-25

Andrea Gonsalves, Counsel (GC)

You heard about a smoke bomb that was set off by demonstrators at one point?

Volume 19 (November 8, 2022), page 88 19-088-02

Andrea Gonsalves, Counsel (GC)

And a bit later on in the piece, but there was a bomb threat called in about a bomb that was behind the police lines; is that correct?

Volume 19 (November 8, 2022), page 88 19-088-05

Andrea Gonsalves, Counsel (GC)

There had also been threats made to the mayor, his address was posted online. You knew about that?

Volume 19 (November 8, 2022), page 88 19-088-09

Andrea Gonsalves, Counsel (GC)

And this was all, you would accurately say -- or you'd say this was accurately described as a volatile situation?

Volume 19 (November 8, 2022), page 88 19-088-13

Andrea Gonsalves, Counsel (GC)

There -- then you throw into the mix the presence of children; right?

Volume 19 (November 8, 2022), page 88 19-088-17

Andrea Gonsalves, Counsel (GC)

One of your biggest concerns throughout the piece?

Volume 19 (November 8, 2022), page 88 19-088-20

Andrea Gonsalves, Counsel (GC)

And I take it that the concern about the presence of children was based on what officers were seeing actually happening on the ground at the protest site; right?

Volume 19 (November 8, 2022), page 88 19-088-23

Andrea Gonsalves, Counsel (GC)

Not just information being collected online?

Volume 19 (November 8, 2022), page 88 19-088-28

Dana Earley, Supt (ON-OPP)

No, we were witnessing it.

Volume 19 (November 8, 2022), page 89 19-089-02

Andrea Gonsalves, Counsel (GC)

You were witnessing it. Yesterday, in questions to Deputy Chief Crowley, one of the counsel for one of the parties pulled up a situation report that was dated 0400 hours that indicated no children were observed on scene. That was 0400 hours on February 12th. Can you explain how that reconciles, if it does, with the information you received of children on site?

Volume 19 (November 8, 2022), page 89 19-089-03

Dana Earley, Supt (ON-OPP)

It was always very apparent the children on site were at certain times in the day and that they were not staying overnight. So the information at 0400, the children were not present did not surprise me because information before revealed that the children were going home at night and not returning until sometimes 9, 10 a.m.

Volume 19 (November 8, 2022), page 89 19-089-10

Andrea Gonsalves, Counsel (GC)

Okay. You also spoke -- you testified in response to questions from Commission Counsel about the increased risk of counter protests.

Volume 19 (November 8, 2022), page 89 19-089-16

Andrea Gonsalves, Counsel (GC)

And the president of the autoworkers' association, who, understandably, they were quite upset by the ongoing blockade of the bridge. Do you recall the words that he used when he indicated that they wanted to come and counter protest?

Volume 19 (November 8, 2022), page 89 19-089-20

Dana Earley, Supt (ON-OPP)

I believe, and I think it was recorded in my notes ---

Volume 19 (November 8, 2022), page 89 19-089-25

Dana Earley, Supt (ON-OPP)

--- something indicating that they were going to knock heads or use a vehicle to push people into the river.

Volume 19 (November 8, 2022), page 89 19-089-28

Andrea Gonsalves, Counsel (GC)

Yeah. That was on February 11th. OPP00004550, page 21. He said that they intend, "...to come on Monday with 1,000 people to crack heads or bring heavy equipment [and] push them in the river" That's pretty concerning as the Critical Incident Commander; correct?

Volume 19 (November 8, 2022), page 90 19-090-03

Andrea Gonsalves, Counsel (GC)

And as time wore on, local residents are becoming more vocal in their opposition to the protest. I understand you were briefed at one point on counter protesters intending to damage protest vehicles.

Volume 19 (November 8, 2022), page 90 19-090-11

Andrea Gonsalves, Counsel (GC)

Recall that? You spoke about the injunction that was ordered by Chief Justice Morawetz of the Ontario Superior Court on February 11th, and I understand your view is that although this was one of the tools available, it was not particularly useful.

Volume 19 (November 8, 2022), page 90 19-090-16

Dana Earley, Supt (ON-OPP)

I did not see a significant change in the incident.

Volume 19 (November 8, 2022), page 90 19-090-21

Andrea Gonsalves, Counsel (GC)

Similarly, the February 11th provincial declaration of a state of emergency, I understand from your notes that a few protesters may have left, but it also caused others to dig their heels in; right?

Volume 19 (November 8, 2022), page 90 19-090-23

Andrea Gonsalves, Counsel (GC)

And then the third piece that happens on February 11th is the letter from the Solicitor General to Commissioner Carrique that was distributed to protesters. And I just want to confirm, you testified in response to Commission Counsel's questions that you had been made aware of a similar letter that would be handed out to protesters in Ottawa; you recall that evidence?

Volume 19 (November 8, 2022), page 90 19-090-28

Andrea Gonsalves, Counsel (GC)

Did you understand who that letter would be coming from?

Volume 19 (November 8, 2022), page 91 19-091-08

Dana Earley, Supt (ON-OPP)

The one in Ottawa?

Volume 19 (November 8, 2022), page 91 19-091-10

Dana Earley, Supt (ON-OPP)

No, I do not. I do not know.

Volume 19 (November 8, 2022), page 91 19-091-12

Andrea Gonsalves, Counsel (GC)

And that's because your focus, of course ---

Volume 19 (November 8, 2022), page 91 19-091-13

Andrea Gonsalves, Counsel (GC)

And that letter from the Solicitor General does ultimately get handed out to protesters at the blockade site in Windsor?

Volume 19 (November 8, 2022), page 91 19-091-18

Andrea Gonsalves, Counsel (GC)

And it had no effect either. They refused to leave; right?

Volume 19 (November 8, 2022), page 91 19-091-22

Andrea Gonsalves, Counsel (GC)

Disappointingly, but that really proved to be the end point to possible engagement. It had been tried and it had failed; right?

Volume 19 (November 8, 2022), page 91 19-091-25

Andrea Gonsalves, Counsel (GC)

Sorry, we just need ---

Volume 19 (November 8, 2022), page 92 19-092-01

Andrea Gonsalves, Counsel (GC)

Thank you. And there was a lot going on across the province at the time that you were dealing with the situation in Windsor, a lot of protest activity; fair?

Volume 19 (November 8, 2022), page 92 19-092-03

Andrea Gonsalves, Counsel (GC)

We know that the Windsor Police response involved units not only from OPP and Windsor Police, but you also spoke about London, Hamilton, Waterloo, I think?

Volume 19 (November 8, 2022), page 92 19-092-08

Andrea Gonsalves, Counsel (GC)

Yeah. Perhaps some other municipal police services or does that cover it?

Volume 19 (November 8, 2022), page 92 19-092-13

Dana Earley, Supt (ON-OPP)

I believe that covers it.

Volume 19 (November 8, 2022), page 92 19-092-15

Andrea Gonsalves, Counsel (GC)

And you were told that Windsor was your priority; right?

Volume 19 (November 8, 2022), page 92 19-092-16

Andrea Gonsalves, Counsel (GC)

But you were certainly well aware that there were ongoing and expected demonstrations and blockades across the province?

Volume 19 (November 8, 2022), page 92 19-092-19

Dana Earley, Supt (ON-OPP)

Right. Yes, I was aware.

Volume 19 (November 8, 2022), page 92 19-092-22

Andrea Gonsalves, Counsel (GC)

I saw through your notes this reference to a ripple effect. Am I understanding, Superintendent, that you saw the convoys and the blockades in the various locations as being connected in the sense that they couldn't be managed or approached in isolation from a policing perspective?

Volume 19 (November 8, 2022), page 92 19-092-23

Dana Earley, Supt (ON-OPP)

Certainly, all of them had to be considered. I think I'll go back to the example of the Facebook page that I mentioned and Take Back the Bridge. It was obvious that people were monitoring what police activity was, and then making plans according to that.

Volume 19 (November 8, 2022), page 93 19-093-01

Andrea Gonsalves, Counsel (GC)

And you were aware, or certainly alive to the concern that what happened at one site could well have impacts at others?

Volume 19 (November 8, 2022), page 93 19-093-06

Andrea Gonsalves, Counsel (GC)

Right. Now after the 11th, everything, fair to say, had been tried and the time had come for the operational plan to be implemented; right?

Volume 19 (November 8, 2022), page 93 19-093-10

Andrea Gonsalves, Counsel (GC)

And it ultimately succeeds in fully clearing that blockade on Sunday the 13th; right?

Volume 19 (November 8, 2022), page 93 19-093-14

Andrea Gonsalves, Counsel (GC)

The vehicles were towed. One thing I didn't hear come out in your evidence in-Chief, but I saw in your notes, OPP00004544 at page 14 that bomb threats had been made to the tow operator. That was AMPM Towing; is that right?

Volume 19 (November 8, 2022), page 93 19-093-17

Dana Earley, Supt (ON-OPP)

Yes, Windsor Police Service was dealing with that because it was their jurisdiction, but I was aware that the towing company had received threats, both internally, so on their phone, and also too that a number of people had called continuously to this -- the business, and so basically, their phone service wasn't available because people kept tying up the lines. And in regards to tow trucks, when the others were staged from the States, we also received information that people were going to -- protesters were going to go and block the area where we had them staged, so that we potentially were not able to use them, so I had to assign additional officers to that area.

Volume 19 (November 8, 2022), page 93 19-093-22

Andrea Gonsalves, Counsel (GC)

Okay. And fair for me to say that even after the operation had successfully cleared the blockade, you were deeply concerned about maintaining that road clear; right?

Volume 19 (November 8, 2022), page 94 19-094-06

Andrea Gonsalves, Counsel (GC)

That was your single biggest concern, in fact, was maintaining the hold, somewhat precarious hold on Huron Church Road; right?

Volume 19 (November 8, 2022), page 94 19-094-11

Andrea Gonsalves, Counsel (GC)

And I saw in your notes -- perhaps we could turn them up, OPP00004556 at page -- it's stamped page 16, but I think in the electronic document it would be page 17. Yeah, right there is good. And I see fourth line down, "Now we have to maintain it - May have groundhog day -- could be groundhog day - have to be on high alert." What did you mean by it could be Groundhog Day?

Volume 19 (November 8, 2022), page 94 19-094-15

Dana Earley, Supt (ON-OPP)

They could attempt -- again, they had obviously proven to the world at this time that they were able to block it, so that they knew it was achievable.

Volume 19 (November 8, 2022), page 94 19-094-26

Andrea Gonsalves, Counsel (GC)

And this ongoing risk that the protesters would return and resume the blockade, I take it that your concern was informed not only by what you saw in Windsor, but your experience with these ongoing slow roll protests even going back to January?

Volume 19 (November 8, 2022), page 95 19-095-01

Andrea Gonsalves, Counsel (GC)

And as the POU operation loomed in Ottawa, you made clear that you couldn't spare resources from Windsor to assist with that; right?

Volume 19 (November 8, 2022), page 95 19-095-07

Dana Earley, Supt (ON-OPP)

I made it clear that I needed a contingent of POU officers still available.

Volume 19 (November 8, 2022), page 95 19-095-10

Andrea Gonsalves, Counsel (GC)

Right. And in fact, after the blockade was cleared on the 13th and the bridge reopened on the 14th, I understand there were threats to block the tunnel. Those threats came in very shortly after the bridge was cleared?

Volume 19 (November 8, 2022), page 95 19-095-12

Andrea Gonsalves, Counsel (GC)

You mentioned the 15th there was a convoy of vehicles believed to have been travelling to Windsor that was intercepted?

Volume 19 (November 8, 2022), page 95 19-095-17

Andrea Gonsalves, Counsel (GC)

On the 16th, if we could pull up OPP00000209? And scroll down, please. Just pausing there. Your -- this is an email dated February 16th and we see your name there, Superintendent?

Volume 19 (November 8, 2022), page 95 19-095-21

Andrea Gonsalves, Counsel (GC)

Okay. Keep scrolling down. And this is an email communicating to you and others the most recent updated PLT messaging that incorporates both the federal and provincial emergency orders. You recall receiving that?

Volume 19 (November 8, 2022), page 95 19-095-26

Dana Earley, Supt (ON-OPP)

I received a lot of emails, but yes.

Volume 19 (November 8, 2022), page 96 19-096-03

Andrea Gonsalves, Counsel (GC)

But you're aware, in any event, of the needing to get out PLT messaging of the two emergency -- the levels of emergency orders; right?

Volume 19 (November 8, 2022), page 96 19-096-05

Andrea Gonsalves, Counsel (GC)

Including what we see in the first paragraph in black, "Persons travelling to any other unlawful protest sites to participate in or support the unlawful demonstration can be charged." And that is the PLT messaging being put out to deter protesters from going to sites where blockades might be resumed or renewed; yes?

Volume 19 (November 8, 2022), page 96 19-096-09

Dana Earley, Supt (ON-OPP)

Yes, and providing them the education of what could happen.

Volume 19 (November 8, 2022), page 96 19-096-19

Andrea Gonsalves, Counsel (GC)

Right, what the consequences are.

Volume 19 (November 8, 2022), page 96 19-096-21

Andrea Gonsalves, Counsel (GC)

Exactly. So you also mentioned the Facebook chat about protesters heading back to Ambassador Bridge as the enforcement action was taking place in Ottawa.

Volume 19 (November 8, 2022), page 96 19-096-24

Andrea Gonsalves, Counsel (GC)

And let's just pull up OPP00004558. I've come to learn this is what we call fast facts.

Volume 19 (November 8, 2022), page 97 19-097-01

Andrea Gonsalves, Counsel (GC)

And this is pages 92 and 93. Let's just start at 92. Scroll down, please. A little bit more. There we go. The bullet point towards the bottom of the page, private chat on Facebook by group by the name of Windsor Convoy for Freedom. "...all police are in Ottawa so let's take the bridge back."

Volume 19 (November 8, 2022), page 97 19-097-05

Andrea Gonsalves, Counsel (GC)

That was a concern, and there's another one on the next page. I don't have to take you there. And, of course, Superintendent, you testified before about the concern of the -- presented by counter protesters, the volatility if we have these two sides colliding; right?

Volume 19 (November 8, 2022), page 97 19-097-13

Andrea Gonsalves, Counsel (GC)

And that concern also would have arisen if yet another blockade popped up in Windsor after it had been cleared; right?

Volume 19 (November 8, 2022), page 97 19-097-21

Andrea Gonsalves, Counsel (GC)

And it's because of these concerns that you planned for the gradual rather than the sort of immediate demobilization in Windsor; right?

Volume 19 (November 8, 2022), page 97 19-097-25

Andrea Gonsalves, Counsel (GC)

In fact, OPP POUs were not removed from Windsor until February 24th as I understand it?

Volume 19 (November 8, 2022), page 98 19-098-01

Andrea Gonsalves, Counsel (GC)

And that's -- you understand that's after the federal government had revoked the invocation of the Emergencies Act?

Volume 19 (November 8, 2022), page 98 19-098-04

Andrea Gonsalves, Counsel (GC)

And we saw in your response to questions from Commission Counsel the last intersection was planned to reopen on March 13th on your advice?

Volume 19 (November 8, 2022), page 98 19-098-08

Andrea Gonsalves, Counsel (GC)

And I understand from Deputy Chief Crowley that WPS maintained a perimeter as late as March 28th? You understand that, or you said you weren't sure?

Volume 19 (November 8, 2022), page 98 19-098-12

Dana Earley, Supt (ON-OPP)

Yeah, I wasn't there, but I did hear it in his testimony.

Volume 19 (November 8, 2022), page 98 19-098-15

Andrea Gonsalves, Counsel (GC)

And given all of the concerns and the economic impact of that bridge being closed down, not only in Windsor but in the entire region, you understood that it would be appropriately prudent and cautious to keep these measures in place long after it had been cleared; correct?

Volume 19 (November 8, 2022), page 98 19-098-17

Dana Earley, Supt (ON-OPP)

Again, it was another tool that we could refer to if we had issues.

Volume 19 (November 8, 2022), page 98 19-098-23

Andrea Gonsalves, Counsel (GC)

Because when that blockade was cleared on the 13th or the 14th, you just had no idea whether it would fall into the hands of protesters again; right?

Volume 19 (November 8, 2022), page 98 19-098-25

Andrea Gonsalves, Counsel (GC)

Thank you. Those are my questions.

Volume 19 (November 8, 2022), page 99 19-099-01

Paul Rouleau, Commissioner (POEC)

Thank you. Next Citizens for Freedom, JCCF.

Volume 19 (November 8, 2022), page 99 19-099-04

CROSS-EXAMINATION BY MR. ALAN HONNER

Alan Honner, Counsel (DF / CfF / JCCF)

Good morning, Superintendent.

Volume 19 (November 8, 2022), page 99 19-099-07

Alan Honner, Counsel (DF / CfF / JCCF)

My name is Alan Honner. I'm a lawyer with the Democracy Fund and we share standing with the JCCF and Citizens for Freedom. Superintendent Earley, since this inquiry started, we've heard evidence about the importance of police independence and about how politicians should not interfere with that independence. You will agree with me that police autonomy is very important?

Volume 19 (November 8, 2022), page 99 19-099-09

Alan Honner, Counsel (DF / CfF / JCCF)

And can we pull up SSM.CAN.NSC.00002845? And, Superintendent, you will not have seen this document before, but it's a read out of a conversation between the Prime Minister and the Premier of Ontario on February 10th. And I just want to take you to parts of that document and then ask you a question about it. So can we scroll down just a little bit? A little bit more. So if we look at this document now, the Premier and the Prime Minister are saying hello. And in the first big paragraph, Premier Ford says, "The bigger one for us and the country is the ambassador bridge and the state ground there. What I think is we gotta stop the spread of these protests..." And he goes on to say that the Attorney General is looking at legal ways to give he police more tools. Do you see that?

Volume 19 (November 8, 2022), page 99 19-099-18

Alan Honner, Counsel (DF / CfF / JCCF)

Okay. And in the next paragraph, if we can just scroll down a little bit, the Prime Minister says, "First of all, they're not a legal protest. They're occupying a municipal street and are not legally parked. You shouldn't need more tools -- legal tools -- they are barricading the [Ontario] economy..." And then later in that paragraph he says, "We[...] got to respond quickly..." And if I can take you to the next page, about halfway through, just from what you're seeing on the screen, the third paragraph from the bottom, the Prime Minister asks, "has Windsor asked [...] anything of the OPP? Have they made a formal request..." And if you look at the Premier’s response, he says: “they’ve put that request in through the solicitor general. I spoke to the Mayor and that was the plan.” You see that?

Volume 19 (November 8, 2022), page 100 19-100-08

Alan Honner, Counsel (DF / CfF / JCCF)

And can we go to the top of the third page? And so we see the Prime Minister is asking “what are the next steps?” And Premier Ford says: “they’ll act, but without directing them, it’s hard to describe their game plan. They’ll have a plan unlike Ottawa [where] they didn’t have a plan. I’ll get briefed tomorrow from the solicitor general and we’ll keep you updated. This is critical, I hear you. I’ll be up their ass with a wire brush.” Now, Superintendent, the question I wanted to put to you is, and I just want to clear, you did not experience any political interference from anyone when you were carrying out your duties as the Critical Incident Commander?

Volume 19 (November 8, 2022), page 101 19-101-04

Alan Honner, Counsel (DF / CfF / JCCF)

And do you know if anyone else in the OPS -- sorry, the OPP, the WPS, or any other police force who experienced inappropriate political pressure?

Volume 19 (November 8, 2022), page 101 19-101-20

Dana Earley, Supt (ON-OPP)

Not that I’m aware of.

Volume 19 (November 8, 2022), page 101 19-101-23

Alan Honner, Counsel (DF / CfF / JCCF)

Okay. Thank you very much. I’d like to just switch gears for a moment here. You told us earlier today about a conversation, telephone conversation you had with, I believe it was Deputy Commissioners Harkins and DiMarco, and that was on February the 10th. And you told us today that they told you that Windsor was your priority and that it was a priority?

Volume 19 (November 8, 2022), page 101 19-101-24

Alan Honner, Counsel (DF / CfF / JCCF)

When I read your witness statement, I saw you said that, you described it as a priority, but you also described it in a different way. I won’t take you there, but what you say in that statement is that they told you that Windsor was the priority. Does that sound right to you?

Volume 19 (November 8, 2022), page 102 19-102-04

Dana Earley, Supt (ON-OPP)

I knew it was stressed on me that it was a priority.

Volume 19 (November 8, 2022), page 102 19-102-09

Alan Honner, Counsel (DF / CfF / JCCF)

And was it the priority, as opposed to a priority?

Volume 19 (November 8, 2022), page 102 19-102-11

Dana Earley, Supt (ON-OPP)

All I can speak to is I knew it was my priority.

Volume 19 (November 8, 2022), page 102 19-102-13

Alan Honner, Counsel (DF / CfF / JCCF)

But you would agree with me that it was a very important priority, ---

Volume 19 (November 8, 2022), page 102 19-102-15

Alan Honner, Counsel (DF / CfF / JCCF)

--- regardless of whether it was the most important?

Volume 19 (November 8, 2022), page 102 19-102-18

Alan Honner, Counsel (DF / CfF / JCCF)

And given the economic impact of the Ambassador Bridge, it was possibly not just one of the most important priorities for Ontario, but also for the country?

Volume 19 (November 8, 2022), page 102 19-102-21

Dana Earley, Supt (ON-OPP)

Perhaps, but there was a lot of other issues that we had to consider.

Volume 19 (November 8, 2022), page 102 19-102-24

Alan Honner, Counsel (DF / CfF / JCCF)

Right. But we saw from the conversation between Doug Ford and Prime Minister Trudeau that at least for Doug Ford, it appears that Windsor is the priority?

Volume 19 (November 8, 2022), page 102 19-102-26

Dana Earley, Supt (ON-OPP)

I can’t speak to that. I wasn’t involved in that conversation.

Volume 19 (November 8, 2022), page 103 19-103-01

Alan Honner, Counsel (DF / CfF / JCCF)

No, but you’ve seen the document. That’s what it looks like when he says “for us”. I’ll just remind you of the language here. He says: “The bigger one for us and the country is the ambassador bridge…”

Volume 19 (November 8, 2022), page 103 19-103-03

Dana Earley, Supt (ON-OPP)

I can’t speak to what he was thinking.

Volume 19 (November 8, 2022), page 103 19-103-08

Alan Honner, Counsel (DF / CfF / JCCF)

Okay. Fair enough. Superintendent Earley, you can tell me though, to the credit of you and your team, that you managed to get this blockade at the Ambassador Bridge cleared within two days of your appointment as CIC?

Volume 19 (November 8, 2022), page 103 19-103-10

Alan Honner, Counsel (DF / CfF / JCCF)

And you would agree with me then that you and your team managed to resolve one of the most urgent priorities in the country without the benefit of the Emergencies Act?

Volume 19 (November 8, 2022), page 103 19-103-16

Alan Honner, Counsel (DF / CfF / JCCF)

Thank you. Earlier today, you spoke about swearing in RCMP officers.

Volume 19 (November 8, 2022), page 103 19-103-21

Alan Honner, Counsel (DF / CfF / JCCF)

I think your evidence was that the POU officers did not need to be sworn in because they were enforcing the Criminal Code, but frontline officers would be enforcing municipal laws and provincial laws?

Volume 19 (November 8, 2022), page 103 19-103-24

Alan Honner, Counsel (DF / CfF / JCCF)

Possibly. And so you sort of creatively solved this problem by pairing them up with OPP officers?

Volume 19 (November 8, 2022), page 104 19-104-01

Dana Earley, Supt (ON-OPP)

And Windsor Police.

Volume 19 (November 8, 2022), page 104 19-104-04

Alan Honner, Counsel (DF / CfF / JCCF)

And Windsor Police.

Volume 19 (November 8, 2022), page 104 19-104-05

Alan Honner, Counsel (DF / CfF / JCCF)

And I just don’t understand this. I’m just wondering if you can explain it a little bit better. What additional power would that confer on the RCMP or what benefit would that confer to pair them up like that?

Volume 19 (November 8, 2022), page 104 19-104-07

Dana Earley, Supt (ON-OPP)

In regards to having them sworn in?

Volume 19 (November 8, 2022), page 104 19-104-11

Alan Honner, Counsel (DF / CfF / JCCF)

Right. I mean, would this allow the RCMP, for example, to enforce provincial laws?

Volume 19 (November 8, 2022), page 104 19-104-13

Alan Honner, Counsel (DF / CfF / JCCF)

It would. Thank you.

Volume 19 (November 8, 2022), page 104 19-104-16

Alan Honner, Counsel (DF / CfF / JCCF)

And we heard today that you established an exclusion zone along Huron Church Road, and I believe we heard yesterday that exclusion zone was north of Tecumseh to the Ambassador Bridge. Does that sound right?

Volume 19 (November 8, 2022), page 104 19-104-18

Alan Honner, Counsel (DF / CfF / JCCF)

And that’s the distance of about one kilometre?

Volume 19 (November 8, 2022), page 104 19-104-23

Dana Earley, Supt (ON-OPP)

I believe it’s more than that. I think it’s about three.

Volume 19 (November 8, 2022), page 104 19-104-25

Alan Honner, Counsel (DF / CfF / JCCF)

Okay. And when you gave us evidence today, you said you relied upon the Criminal Code to establish that exclusion zone?

Volume 19 (November 8, 2022), page 104 19-104-27

Alan Honner, Counsel (DF / CfF / JCCF)

Do you agree that you could have also relied upon the Emergency Management and Civil Protection Act to establish that exclusion zone?

Volume 19 (November 8, 2022), page 105 19-105-03

Alan Honner, Counsel (DF / CfF / JCCF)

Thank you. My friend from the Government of Canada asked you questions today about threats that were present in Windsor. You told us today that you’ve read the Hendon Reports, ---

Volume 19 (November 8, 2022), page 105 19-105-07

Alan Honner, Counsel (DF / CfF / JCCF)

--- insofar as they concerned the municipalities under your care.

Volume 19 (November 8, 2022), page 105 19-105-12

Alan Honner, Counsel (DF / CfF / JCCF)

And you would agree with me that in Windsor, there was no extremist rhetoric?

Volume 19 (November 8, 2022), page 105 19-105-15

Dana Earley, Supt (ON-OPP)

That I can’t speak to.

Volume 19 (November 8, 2022), page 105 19-105-17

Alan Honner, Counsel (DF / CfF / JCCF)

But if it was in the Hendon Reports, you would agree with it?

Volume 19 (November 8, 2022), page 105 19-105-18

Dana Earley, Supt (ON-OPP)

Yes, I mean, it was Windsor’s responsibility to be reviewing the Hendon Reports in regards to activity in their area.

Volume 19 (November 8, 2022), page 105 19-105-20

Alan Honner, Counsel (DF / CfF / JCCF)

Okay. Well it’s OPP00001688. I won’t bring it up. Let me just move on. Can we pull up OPP00003038? Can you tell us who Karen Johnson was or is?

Volume 19 (November 8, 2022), page 105 19-105-23

Dana Earley, Supt (ON-OPP)

Will the document be ---

Volume 19 (November 8, 2022), page 105 19-105-27

Alan Honner, Counsel (DF / CfF / JCCF)

I’m just asking while we’re waiting for the document.

Volume 19 (November 8, 2022), page 105 19-105-28

Dana Earley, Supt (ON-OPP)

Oh, okay. No, I don’t ---

Volume 19 (November 8, 2022), page 106 19-106-02

Dana Earley, Supt (ON-OPP)

I’m not familiar with that name.

Volume 19 (November 8, 2022), page 106 19-106-04

Alan Honner, Counsel (DF / CfF / JCCF)

Well we have an email here, and when it comes up, I suspect it will show an email from Karen Johnson to a number of people, including you and Commissioner Carrique?

Volume 19 (November 8, 2022), page 106 19-106-06

Alan Honner, Counsel (DF / CfF / JCCF)

And can we just scroll down a little bit, please? A little bit further. Scroll up. Okay. This is not the document I’m looking for. Let me ask you a question though.

Volume 19 (November 8, 2022), page 106 19-106-11

Alan Honner, Counsel (DF / CfF / JCCF)

Would you agree with me that there were a total of 44 arrests in Windsor during this enforcement phase?

Volume 19 (November 8, 2022), page 106 19-106-16

Dana Earley, Supt (ON-OPP)

Yeah, I do believe that that was -- again, the arrests were the responsibility of Windsor Police Service.

Volume 19 (November 8, 2022), page 106 19-106-19

Alan Honner, Counsel (DF / CfF / JCCF)

Right. And from what I recall, and you can just tell me if this is accurate or not, there were 88 charges, approximately, and almost all of those were -- about 44 were mischief and about 44 were breaching a court order?

Volume 19 (November 8, 2022), page 106 19-106-22

Alan Honner, Counsel (DF / CfF / JCCF)

And none of those are violent offences?

Volume 19 (November 8, 2022), page 106 19-106-27

Alan Honner, Counsel (DF / CfF / JCCF)

Those two offences are not violent offences?

Volume 19 (November 8, 2022), page 107 19-107-02

Alan Honner, Counsel (DF / CfF / JCCF)

Thank you.

Volume 19 (November 8, 2022), page 107 19-107-05

Dana Earley, Supt (ON-OPP)

They can be. Everybody has - - there’s a potential of violence in any offence, really.

Volume 19 (November 8, 2022), page 107 19-107-06

Alan Honner, Counsel (DF / CfF / JCCF)

But if somebody was to commit a violent offence, they would typically be charged with something like assault or assault with a weapon, or ---

Volume 19 (November 8, 2022), page 107 19-107-08

Alan Honner, Counsel (DF / CfF / JCCF)

--- assault causing bodily harm?

Volume 19 (November 8, 2022), page 107 19-107-12

Dana Earley, Supt (ON-OPP)

It all depends on the reasonable and probable grounds ---

Volume 19 (November 8, 2022), page 107 19-107-14

Alan Honner, Counsel (DF / CfF / JCCF)

Right. Kidnapping, ---

Volume 19 (November 8, 2022), page 107 19-107-16

Alan Honner, Counsel (DF / CfF / JCCF)

--- forcible confinement, ---

Volume 19 (November 8, 2022), page 107 19-107-18

Alan Honner, Counsel (DF / CfF / JCCF)

--- murder. None of that. And I’m just about to wrap up here. I just want to ask a question about maintaining the roads, because you told my friend that, you know, maintaining the roads was a priority. And you said here, I think to your officers, that clearing the bridge is one thing, but maintaining the road is another. And I understand you were able to maintain the road -- you’re speaking about Huron Church Road?

Volume 19 (November 8, 2022), page 107 19-107-20

Alan Honner, Counsel (DF / CfF / JCCF)

Is that right? And you’re able to maintain it by installing jersey barriers along the side of the road from the bridge to the 401?

Volume 19 (November 8, 2022), page 108 19-108-01

Dana Earley, Supt (ON-OPP)

Correct. Not exactly right to the 401, but yes.

Volume 19 (November 8, 2022), page 108 19-108-04

Alan Honner, Counsel (DF / CfF / JCCF)

Approximately.

Volume 19 (November 8, 2022), page 108 19-108-06

Alan Honner, Counsel (DF / CfF / JCCF)

And that’s a distance of three kilometres, I think?

Volume 19 (November 8, 2022), page 108 19-108-08

Dana Earley, Supt (ON-OPP)

Okay. That could be.

Volume 19 (November 8, 2022), page 108 19-108-10

Dana Earley, Supt (ON-OPP)

I’m sorry, I’m not sure about the distances. We used other ways as well. The cement barriers, along with officers deployed to the certain traffic stops too.

Volume 19 (November 8, 2022), page 108 19-108-12

Alan Honner, Counsel (DF / CfF / JCCF)

Right. And you had a traffic plan that you employed when you were doing that; right?

Volume 19 (November 8, 2022), page 108 19-108-16

Alan Honner, Counsel (DF / CfF / JCCF)

And that traffic plan, I won’t bring it up, I think I’m out of time, ---

Volume 19 (November 8, 2022), page 108 19-108-19

Alan Honner, Counsel (DF / CfF / JCCF)

--- or very close to it, it’s dated February 13th, 2022.

Volume 19 (November 8, 2022), page 108 19-108-22

Paul Rouleau, Commissioner (POEC)

You have a couple of minutes here. You’re not near your time. I’ll look at you when you’re close to it.

Volume 19 (November 8, 2022), page 108 19-108-25

Alan Honner, Counsel (DF / CfF / JCCF)

Well I’ll wrap up anyway and try and get some goodwill. Supt. Earley, I take it it’s obvious that if the traffic plan is dated February 13th, 2022, it was not contemplating the use of the powers conferred by the Emergencies Act?

Volume 19 (November 8, 2022), page 108 19-108-28

Alan Honner, Counsel (DF / CfF / JCCF)

Thank you very much. Those are my questions.

Volume 19 (November 8, 2022), page 109 19-109-07

Paul Rouleau, Commissioner (POEC)

Thank you. Next is the City of Windsor.

Volume 19 (November 8, 2022), page 109 19-109-10

CROSS-EXAMINATION BY MS. JENNIFER KING

Jennifer L. King, Counsel (Win)

Good afternoon, Superintendent Earley.

Volume 19 (November 8, 2022), page 109 19-109-13

Jennifer L. King, Counsel (Win)

I have a few topics I'd like to canvass with you today.

Volume 19 (November 8, 2022), page 109 19-109-16

Jennifer L. King, Counsel (Win)

I am Jennifer King. I'm counsel to the City of Windsor.

Volume 19 (November 8, 2022), page 109 19-109-19

Jennifer L. King, Counsel (Win)

First, I'd like to speak to you about your role in Windsor before Deputy Commissioner Chris Harkins appointed you to serve as OPP's Critical Incident Commander in Windsor. This morning, you told my friend, Commission Counsel, that OPP PLT was deployed to Windsor on February the 8th following a conversation you had with now Deputy Chief Crowley early on February the 8th, I think it was 2:00 a.m.?

Volume 19 (November 8, 2022), page 109 19-109-22

Jennifer L. King, Counsel (Win)

Yes. It is my understanding from the OPP's Institutional Report, and perhaps I'll stop there. Have you had an opportunity to review OPP's Institutional Report?

Volume 19 (November 8, 2022), page 110 19-110-04

Jennifer L. King, Counsel (Win)

Okay. So I understand from OPP's Institutional Report... And for the record, it is OPP IR00000007. I don't think we have to bring it up, Mr. Clerk. But at page 27 it says that four OPP PLT officers were deployed on February the 7th to assist the WPS. This is reflected in some of the documents, and I could show them to you if it could help you confirm for us and for the Commissioner the date that OPP PLT were deployed.

Volume 19 (November 8, 2022), page 110 19-110-09

Dana Earley, Supt (ON-OPP)

I know it was in between those two days. As you can see, I lost track of time sometimes or when the date changed because I was up until all hours ---

Volume 19 (November 8, 2022), page 110 19-110-18

Dana Earley, Supt (ON-OPP)

--- but I know that PLT was deployed.

Volume 19 (November 8, 2022), page 110 19-110-22

Jennifer L. King, Counsel (Win)

Okay. Well, why don't we look at... Perhaps, Mr. Clerk, you could bring up OPP00004580, and scroll to page 67. Superintendent Earley, Commissioner Carrique produced texts with Deputy Solicitor General Di Tomasso that have been produced to the Commission. Commissioner Carrique was kept apprised of the operations in Windsor; right?

Volume 19 (November 8, 2022), page 110 19-110-24

Jennifer L. King, Counsel (Win)

Yes. And so these are his texts with Deputy Solicitor General Di Tommaso. And if you go to page 67, at the bottom of the page, Mr. Clerk. The times on this, so we have to go back, I believe it's five hours, so around noon on February the 7th, Commissioner Carrique texted the Deputy Solicitor General "OPP PLT engaged." Do you see that?

Volume 19 (November 8, 2022), page 111 19-111-05

Jennifer L. King, Counsel (Win)

And would he have gotten that information from you? This was February 7th, before you were appointed; correct?

Volume 19 (November 8, 2022), page 111 19-111-14

Dana Earley, Supt (ON-OPP)

So I don't know if he received it from myself or from the Chief or perhaps Acting Superintendent Marcel Beaudin.

Volume 19 (November 8, 2022), page 111 19-111-17

Jennifer L. King, Counsel (Win)

Okay. There are other documents that refer to PLT being engaged by February the 7th. Does this assist you in confirming for the Commissioner the date that OPP PLT were engaged?

Volume 19 (November 8, 2022), page 111 19-111-20

Dana Earley, Supt (ON-OPP)

I know that the discussion was had that they would go and attend and assist.

Volume 19 (November 8, 2022), page 111 19-111-24

Jennifer L. King, Counsel (Win)

And so it makes sense to you that it would have been February the 7th based on this?

Volume 19 (November 8, 2022), page 111 19-111-28

Jennifer L. King, Counsel (Win)

Okay, thank you. You spoke with my friend, Mr. Au, about Mayor Dilkens' public announcement that you said you watched on February the 9th.

Volume 19 (November 8, 2022), page 112 19-112-03

Dana Earley, Supt (ON-OPP)

Yeah, I don't remember watching it, but I was certainly aware of it.

Volume 19 (November 8, 2022), page 112 19-112-06

Jennifer L. King, Counsel (Win)

Okay. So do you remember whether or not you heard about it or whether you saw it yourself?

Volume 19 (November 8, 2022), page 112 19-112-08

Dana Earley, Supt (ON-OPP)

I had heard about it?

Volume 19 (November 8, 2022), page 112 19-112-11

Jennifer L. King, Counsel (Win)

And it was on February the 9th?

Volume 19 (November 8, 2022), page 112 19-112-12

Jennifer L. King, Counsel (Win)

Okay. You were not yet appointed?

Volume 19 (November 8, 2022), page 112 19-112-15

Jennifer L. King, Counsel (Win)

No? So the Mayor and Chief Mizuno, former Chief Mizuno of the Windsor Police Service, held a press conference at noon on February the 9th. I don't have to bring it up, but there is documents about that press conference. Does it makes sense to you this was something you would have heard around ---

Volume 19 (November 8, 2022), page 112 19-112-18

Jennifer L. King, Counsel (Win)

--- the middle of the day?

Volume 19 (November 8, 2022), page 112 19-112-25

Jennifer L. King, Counsel (Win)

Okay. So this was a joint media briefing delivered by Mayor Dilkens and Chief Mizuno. Do you recall that?

Volume 19 (November 8, 2022), page 112 19-112-27

Jennifer L. King, Counsel (Win)

Okay. It was Mayor Dilkens' evidence yesterday that his public comments were reviewed by the Chief of Police or her staff so that there were no surprises when Windsor delivered a message. Did you hear him say that yesterday?

Volume 19 (November 8, 2022), page 113 19-113-03

Dana Earley, Supt (ON-OPP)

No, I did not hear him say that.

Volume 19 (November 8, 2022), page 113 19-113-08

Jennifer L. King, Counsel (Win)

Okay. Other than the direction that you gave that you discussed earlier that requests for resources should not be made publicly, you were no engaged in communications were you?

Volume 19 (November 8, 2022), page 113 19-113-10

Jennifer L. King, Counsel (Win)

No. Sorry, media communications.

Volume 19 (November 8, 2022), page 113 19-113-15

Dana Earley, Supt (ON-OPP)

From -- that came from the City? Or, sorry, I'm not ---

Volume 19 (November 8, 2022), page 113 19-113-17

Jennifer L. King, Counsel (Win)

That came from the City or WPS. I understand from your statement or your witness summary that WPS continued to have responsibility for media releases and messages; right?

Volume 19 (November 8, 2022), page 113 19-113-19

Dana Earley, Supt (ON-OPP)

And they worked alongside of our media officers, our OPP media officers, and everything was brought to the Command table for review.

Volume 19 (November 8, 2022), page 113 19-113-23

Jennifer L. King, Counsel (Win)

Okay. And you had no concerns with media releases or messaging after you arrived in Windsor?

Volume 19 (November 8, 2022), page 113 19-113-26

Jennifer L. King, Counsel (Win)

I have a couple of brief questions about the injunction and the continuation of the injunction. Earlier today, you described the injunction as a tool ---

Volume 19 (November 8, 2022), page 114 19-114-02

Jennifer L. King, Counsel (Win)

--- or an option for police?

Volume 19 (November 8, 2022), page 114 19-114-08

Jennifer L. King, Counsel (Win)

Can you confirm, you never raised any concerns with the City of Windsor about seeking the injunction?

Volume 19 (November 8, 2022), page 114 19-114-10

Dana Earley, Supt (ON-OPP)

I did not raise concerns, no.

Volume 19 (November 8, 2022), page 114 19-114-13

Jennifer L. King, Counsel (Win)

And you raised no concerns about the continuation of the injunction?

Volume 19 (November 8, 2022), page 114 19-114-14

Jennifer L. King, Counsel (Win)

You spoke with my friend, Commission Counsel, about the Traffic Plan, and this has been discussed in your cross-examination as well. I just wanted to confirm that the purpose of the Traffic Plan was to ensure the flow of traffic from Highway 401 to the Ambassador Bridge; correct?

Volume 19 (November 8, 2022), page 114 19-114-17

Dana Earley, Supt (ON-OPP)

It was to ensure that a protest did not occur again, yes. But yes, to keep the flow safe.

Volume 19 (November 8, 2022), page 114 19-114-23

Jennifer L. King, Counsel (Win)

To keep the flow safe and keep the flow of traffic over the Ambassador Bridge ---

Volume 19 (November 8, 2022), page 114 19-114-26

Jennifer L. King, Counsel (Win)

--- clear. Yes? Okay. And the concrete barriers were installed on your direction?

Volume 19 (November 8, 2022), page 115 19-115-01

Jennifer L. King, Counsel (Win)

And this was to better manage future risk of vehicles being used for blockades; right?

Volume 19 (November 8, 2022), page 115 19-115-04

Jennifer L. King, Counsel (Win)

Excellent. Those are all my questions.

Volume 19 (November 8, 2022), page 115 19-115-07

Paul Rouleau, Commissioner (POEC)

Okay, thank you. Questions by former Chief Sloly's counsel.

Volume 19 (November 8, 2022), page 115 19-115-11

Tom Curry, Counsel (Peter Sloly)

Thank you, Commissioner.

Volume 19 (November 8, 2022), page 115 19-115-13

CROSS-EXAMINATION BY MR. TOM CURRY

Tom Curry, Counsel (Peter Sloly)

Superintendent Earley, Tom Curry for the former chief in Ottawa.

Volume 19 (November 8, 2022), page 115 19-115-15

Tom Curry, Counsel (Peter Sloly)

A couple of things, just if I could sort one thing out. The issue that my friend, Ms. King, was just asking you about concerning the media here in, or not here in Windsor, when you were in Windsor about resources. Do you recall that issue?

Volume 19 (November 8, 2022), page 115 19-115-18

Tom Curry, Counsel (Peter Sloly)

And my friend, Mr. Au, asked you about this. Do you recall that by the time you were in Windsor as the Critical Incident Commander that a statement had been made in a media interview by the Mayor that named the number of officers that the City had requested the City of Windsor, or Windsor Police Service I suppose, had requested, being 100?

Volume 19 (November 8, 2022), page 115 19-115-24

Dana Earley, Supt (ON-OPP)

No, I was not aware ---

Volume 19 (November 8, 2022), page 116 19-116-02

Dana Earley, Supt (ON-OPP)

--- that that was publicised.

Volume 19 (November 8, 2022), page 116 19-116-04

Tom Curry, Counsel (Peter Sloly)

Okay. So Commissioner, I have the -- there's a -- I raised this with the witness yesterday, the Mayor yesterday, and he recalled something about that. My friend, Ms. King, and I have discussed this. Rather than show the media pieces and so on, I think it's accepted that on the 8th of February, the Mayor, in an interview, was -- I think it was CTV News, named that number. So I just wanted -- and my friend, Ms. King, can just confirm that's so.

Volume 19 (November 8, 2022), page 116 19-116-05

Jennifer L. King, Counsel (Win)

So Jennifer King, counsel for Windsor. Yes, I -- we admit that that statement was made in an interview with CTV.

Volume 19 (November 8, 2022), page 116 19-116-14

Tom Curry, Counsel (Peter Sloly)

Thank you. Now, Superintendent Earley, the -- these issues that you dealt with in Windsor, this incident, was the largest, presumably, the largest critical incident you have managed in your career. Is that true?

Volume 19 (November 8, 2022), page 116 19-116-18

Dana Earley, Supt (ON-OPP)

Yes, it was one of.

Volume 19 (November 8, 2022), page 116 19-116-23

Tom Curry, Counsel (Peter Sloly)

Well, is it the largest, though?

Volume 19 (November 8, 2022), page 116 19-116-24

Tom Curry, Counsel (Peter Sloly)

Yeah. Because it's -- you mobilised, if I understand from your Institutional Report or the Service's Institutional Report, there were in the end 410 members in your Police Service who were deployed in Windsor. True?

Volume 19 (November 8, 2022), page 116 19-116-26

Dana Earley, Supt (ON-OPP)

Yes, over the times that I was there.

Volume 19 (November 8, 2022), page 117 19-117-03

Tom Curry, Counsel (Peter Sloly)

Yes. And it would've peaked at a certain number and then dissipated as the demobilisation went on.

Volume 19 (November 8, 2022), page 117 19-117-05

Tom Curry, Counsel (Peter Sloly)

But in the max, 410; yes?

Volume 19 (November 8, 2022), page 117 19-117-09

Tom Curry, Counsel (Peter Sloly)

Largest number that you have been in command of?

Volume 19 (November 8, 2022), page 117 19-117-11

Tom Curry, Counsel (Peter Sloly)

And among the largest in the province's history in terms of deployment of OPP service officers; true?

Volume 19 (November 8, 2022), page 117 19-117-14

Dana Earley, Supt (ON-OPP)

I would think so, I'm not sure.

Volume 19 (November 8, 2022), page 117 19-117-17

Tom Curry, Counsel (Peter Sloly)

And yet, it was probably -- well, did you know how many were deployed in Ottawa?

Volume 19 (November 8, 2022), page 117 19-117-19

Dana Earley, Supt (ON-OPP)

No, I did not know numbers.

Volume 19 (November 8, 2022), page 117 19-117-21

Tom Curry, Counsel (Peter Sloly)

Your relationship with the events in Ottawa, can I speak about that for a moment, you had no direct involvement in the Ottawa incident. Is that true?

Volume 19 (November 8, 2022), page 117 19-117-22

Tom Curry, Counsel (Peter Sloly)

You had some points of contact, as you've discussed with Mr. Au, about the letter, for example, but otherwise, those two incidents were managed separately by Incident Commanders in both locations. True?

Volume 19 (November 8, 2022), page 117 19-117-26

Tom Curry, Counsel (Peter Sloly)

Okay. And ultimately, the Strategic Command is shared, it's common; true?

Volume 19 (November 8, 2022), page 118 19-118-03

Tom Curry, Counsel (Peter Sloly)

Ottawa and Windsor ---

Volume 19 (November 8, 2022), page 118 19-118-06

Tom Curry, Counsel (Peter Sloly)

--- Critical Incident Commanders share a common Command structure, reporting eventually ---

Volume 19 (November 8, 2022), page 118 19-118-08

Tom Curry, Counsel (Peter Sloly)

--- to Deputy Commissioners and Commissioners; yes?

Volume 19 (November 8, 2022), page 118 19-118-11

Tom Curry, Counsel (Peter Sloly)

And so it is for the Deputy Commissioner or the Commissioner, ultimately, to set the strategic objectives and priorities for the Service.

Volume 19 (November 8, 2022), page 118 19-118-14

Tom Curry, Counsel (Peter Sloly)

In both Windsor and Ottawa.

Volume 19 (November 8, 2022), page 118 19-118-18

Tom Curry, Counsel (Peter Sloly)

And so when my friend -- well, all of the lawyers have probably asked you about this, but when you came to this -- first of all, in your role as a Superintendent in the region, you learned that there were convoys in the area heading to, eventually, to Essex County and to Windsor; correct?

Volume 19 (November 8, 2022), page 118 19-118-20

Dana Earley, Supt (ON-OPP)

There were convoys that I discussed earlier, sir; is that what you’re referring to?

Volume 19 (November 8, 2022), page 118 19-118-26

Dana Earley, Supt (ON-OPP)

Those convoys actually stayed local in their respective municipalities.

Volume 19 (November 8, 2022), page 119 19-119-01

Tom Curry, Counsel (Peter Sloly)

Okay. And so you were -- your Service was engaged in providing safe passage, and just managing whatever comes from a slow roll, as it’s been described, through your region, right?

Volume 19 (November 8, 2022), page 119 19-119-03

Dana Earley, Supt (ON-OPP)

Yes, that’s correct.

Volume 19 (November 8, 2022), page 119 19-119-07

Tom Curry, Counsel (Peter Sloly)

And on the 6th of February, we know that the Hendon report alerted police services to the possibility that now on the 7th there would a blockade of the Ambassador Bridge; recall?

Volume 19 (November 8, 2022), page 119 19-119-08

Dana Earley, Supt (ON-OPP)

I don’t recall reading that ---

Volume 19 (November 8, 2022), page 119 19-119-12

Dana Earley, Supt (ON-OPP)

--- specific report.

Volume 19 (November 8, 2022), page 119 19-119-15

Tom Curry, Counsel (Peter Sloly)

Someone in your command, or below you ---

Volume 19 (November 8, 2022), page 119 19-119-16

Tom Curry, Counsel (Peter Sloly)

--- in the chain of command responsible for intelligence would have that.

Volume 19 (November 8, 2022), page 119 19-119-19

Tom Curry, Counsel (Peter Sloly)

And was there -- did the -- did the OPP under your region take any steps to intercept those convoys on their way to the Ambassador Bridge?

Volume 19 (November 8, 2022), page 119 19-119-22

Dana Earley, Supt (ON-OPP)

No, we did not have the information to indicate where they were coming from, ---

Volume 19 (November 8, 2022), page 119 19-119-25

Dana Earley, Supt (ON-OPP)

--- or what kind of vehicles or who would be involved.

Volume 19 (November 8, 2022), page 119 19-119-28

Tom Curry, Counsel (Peter Sloly)

Got it. So whatever intelligence came to you in your region through the Hendon reports was not sufficiently clear to be able to take steps, for example, to intercept the convoy, for the reasons you’ve just given.

Volume 19 (November 8, 2022), page 120 19-120-02

Tom Curry, Counsel (Peter Sloly)

Okay. Now, eventually, after the Ambassador Bridge was blocked and then cleared, I think one of my colleagues asked you about the interception of a convoy that was heading to try and engage in another blockade, and the OPP did stop that convoy; is that true?

Volume 19 (November 8, 2022), page 120 19-120-07

Tom Curry, Counsel (Peter Sloly)

And you would have done that because by then, of course you’d had the experience of the Ambassador Bridge blockade, you had the experience of the Ottawa blockade, or occupation as it’s been described. And now you had actionable intelligence to say, including, I suppose, the Emergencies Act, to stop convoy protesters from engaging in further blockades; true?

Volume 19 (November 8, 2022), page 120 19-120-13

Tom Curry, Counsel (Peter Sloly)

Okay. Now, a couple of things if I could, about your -- then your engagement as the Critical Incident Commander that you told us about today. The -- first things first; the issue about the importance of this -- of clearing this particular protest on the Ambassador Bridge; you’ve spoken about that. Just for your -- just to get your help on this; from your statement that you have read to us, or has been filed, there is a reference on page 2, and I have the name of this, or I have the number and I’m going to leave that for a second. I will offer a reward to anyone who can tell me the name of -- or the number of that statement. WTS -- yes? Twenty-two (22)? Thank you. Twenty-two (22). Thank you, Ms. Registrar. Page 2 when we get there, paragraph 3. You’ve seen this before. “Upon”; thank you. So this is a simple thing, but during a February 10th, 8:30 a.m. call, middle of the paragraph; do you see it? “Deputy Commissioner[s] Harkins -- Commissioners Harkins and DiMarco again advised Superintendent Earley that Windsor was the priority and that it was urgent to resolve the blockade.” That’s true, isn’t it?

Volume 19 (November 8, 2022), page 120 19-120-21

Tom Curry, Counsel (Peter Sloly)

And it was obvious to the -- in terms of setting the strategic direction, that is the role for, not just Commissioner Carrique, but also the Deputy Commissioners to say what are the priorities, right?

Volume 19 (November 8, 2022), page 121 19-121-18

Tom Curry, Counsel (Peter Sloly)

And in respect of the priorities, the rank order of these priorities, when we speak -- when they spoke to you about it being “The priority,” it was understood that it was the priority for the Ontario Provincial Police Service; correct?

Volume 19 (November 8, 2022), page 121 19-121-23

Dana Earley, Supt (ON-OPP)

I understood it to be my priority, so it was my priority that I needed to focus on.

Volume 19 (November 8, 2022), page 121 19-121-28

Tom Curry, Counsel (Peter Sloly)

Yes, of course it became your priority because you were the Critical Incident Commander, but when they say it is “The priority,” you understood it was the priority for the Service; true?

Volume 19 (November 8, 2022), page 122 19-122-02

Dana Earley, Supt (ON-OPP)

I understood that it was a priority, and I would get whatever resources I needed.

Volume 19 (November 8, 2022), page 122 19-122-06

Tom Curry, Counsel (Peter Sloly)

Yes, that came -- that followed, and that’s important. But it was -- when they spoke to you at 8:30 in the morning on the 10th and said it was “The priority” it’s the priority for the Service.

Volume 19 (November 8, 2022), page 122 19-122-08

Dana Earley, Supt (ON-OPP)

I can’t speak to that. You’d had to ask them.

Volume 19 (November 8, 2022), page 122 19-122-12

Tom Curry, Counsel (Peter Sloly)

Okay. Well, we won’t get a chance to do that, but you understood that whatever else it was, it was going to be -- that task was being handed to you.

Volume 19 (November 8, 2022), page 122 19-122-14

Tom Curry, Counsel (Peter Sloly)

And when they said at the top of that statement -- and we have your notes, of course, but I’m just in the interests of time: “Upon Superintendent Earley’s appointment..., Deputy Commissioner...Harkins and Deputy Commissioner...DiMarco communicated to her that Windsor was a priority and that she would receive whatever resources she needed.”

Volume 19 (November 8, 2022), page 122 19-122-18

Tom Curry, Counsel (Peter Sloly)

You needed.

Volume 19 (November 8, 2022), page 123 19-123-01

Tom Curry, Counsel (Peter Sloly)

You understood that.

Volume 19 (November 8, 2022), page 123 19-123-03

Tom Curry, Counsel (Peter Sloly)

And so prior to your ever picking up a pen and writing in your notes the Mission Statement, ---

Volume 19 (November 8, 2022), page 123 19-123-05

Tom Curry, Counsel (Peter Sloly)

--- you knew that whatever resources you needed, you had.

Volume 19 (November 8, 2022), page 123 19-123-08

Tom Curry, Counsel (Peter Sloly)

And, in fact, they had already begun to role out, prior to your drafting the Mission Statement.

Volume 19 (November 8, 2022), page 123 19-123-11

Tom Curry, Counsel (Peter Sloly)

Now, of course, the resources of which we’re speaking were a number of different things, but in the main, this -- you understood this was going to require POU resources, right?

Volume 19 (November 8, 2022), page 123 19-123-14

Tom Curry, Counsel (Peter Sloly)

And they had -- they came from municipal services and as well from the hub that drew on OPP’s resources; correct?

Volume 19 (November 8, 2022), page 123 19-123-19

Tom Curry, Counsel (Peter Sloly)

Can I just show you, please, OPP4543? This is from your -- this should be from your notebook as described. And if we could go, please, to -- it should be the first page, initially. So this should be 2200 hours on February the 9th, right? “[Telephone] conference w Hamilton [Police Service] & [Windsor Police Service], Waterloo [Regional Police Service] to discuss POU support.” And it’s set out. And those are the calls that you placed in order to generate these resources, is that right?

Volume 19 (November 8, 2022), page 123 19-123-23

Tom Curry, Counsel (Peter Sloly)

And then at 7:15 a.m., if we could just scroll down; this should be page 7. So we’re now 7:15 on, I suppose the 10th. Yeah. “Jamie Sheridan called to advise [that] he & his waterloo POU team would be [heading] -- leaving [rather] for Windsor at [approximately] 1100 [hours].”

Volume 19 (November 8, 2022), page 124 19-124-08

Tom Curry, Counsel (Peter Sloly)

They were rolling.

Volume 19 (November 8, 2022), page 124 19-124-17

Tom Curry, Counsel (Peter Sloly)

And then at 8:30 on page 8, please. Just at the bottom, there it is: “[Telephone] conference with Deputy Harkins” [just scroll down, please, a little bit] & Demarco. Deputies advised whatever is needed for plan will be available. Province focus is Windsor.” And that’s -- again, that goes to the point that I was making earlier; the provincial focus is Windsor for obvious reasons: The Ambassador Bridge is vitally important, right?

Volume 19 (November 8, 2022), page 124 19-124-19

Dana Earley, Supt (ON-OPP)

Right, those were, yeah, from the teleconference.

Volume 19 (November 8, 2022), page 125 19-125-03

Tom Curry, Counsel (Peter Sloly)

When you write down, or the scribe, rather, writes down, “province focus is Windsor” those are the words spoken by one or both of the Commissioners and Deputies.

Volume 19 (November 8, 2022), page 125 19-125-05

Dana Earley, Supt (ON-OPP)

Yeah, it’s in the context of the conversation.

Volume 19 (November 8, 2022), page 125 19-125-09

Tom Curry, Counsel (Peter Sloly)

Got it. “Harkins speaking w RCMP today & will forward POU command. RCMP can send POU team of 150 people. Advised Deputies...” Amy Ferguson, perhaps?

Volume 19 (November 8, 2022), page 125 19-125-11

Tom Curry, Counsel (Peter Sloly)

Angela, thank you. Short form for Angela: “...will be POU Commander for OPP. [Waterloo Regional Police Service]...will arrive [approximately] 1300...this afternoon. Harkins advised there is an urgency to get this resolved” Did he need to explain to you why that was urgent, or did you understand the importance of the Ambassador Bridge?

Volume 19 (November 8, 2022), page 125 19-125-18

Tom Curry, Counsel (Peter Sloly)

Of course by then it was in the popular press as well, that this blockade was causing enormous disruption.

Volume 19 (November 8, 2022), page 126 19-126-02

Dana Earley, Supt (ON-OPP)

Yes. And I had also had conversations with D/Chief Crowley at this time and had more of a situational awareness.

Volume 19 (November 8, 2022), page 126 19-126-05

Tom Curry, Counsel (Peter Sloly)

Understood. Now -- and then you wrote out your Mission Statement at 0900. Can I see that at page 9, please? Now, these Mission Statements -- just -- oh, there it is. Is that your handwriting or the scribe’s?

Volume 19 (November 8, 2022), page 126 19-126-08

Tom Curry, Counsel (Peter Sloly)

Okay. So you dictated this on -- maybe in the car, I don’t know.

Volume 19 (November 8, 2022), page 126 19-126-15

Tom Curry, Counsel (Peter Sloly)

“The OPP & our policing partners...” And it carries on; I won’t read it all. The Mission Statement in Windsor is very similar to the Mission Statement that was used in Ottawa. Have you ever seen that one?

Volume 19 (November 8, 2022), page 126 19-126-18

Tom Curry, Counsel (Peter Sloly)

Are the mission statements -- I mean, they -- I don't want to diminish the importance of mission statements. I like mission statements too. They're very important, but these are very generic general statements that are used in a number of different OPP operations; is that fair?

Volume 19 (November 8, 2022), page 126 19-126-24

Tom Curry, Counsel (Peter Sloly)

The elements are very simple.

Volume 19 (November 8, 2022), page 127 19-127-02

Dana Earley, Supt (ON-OPP)

The elements are similar, yes.

Volume 19 (November 8, 2022), page 127 19-127-03

Dana Earley, Supt (ON-OPP)

But each situation would dictate the final mission ---

Volume 19 (November 8, 2022), page 127 19-127-06

Tom Curry, Counsel (Peter Sloly)

So say flow of traffic, for example, is the thing that makes this Windsor specific.

Volume 19 (November 8, 2022), page 127 19-127-10

Tom Curry, Counsel (Peter Sloly)

This one looks awfully much like the OPP mission statement for Caledonia; doesn't it?

Volume 19 (November 8, 2022), page 127 19-127-13

Dana Earley, Supt (ON-OPP)

I haven't seen that.

Volume 19 (November 8, 2022), page 127 19-127-15

Tom Curry, Counsel (Peter Sloly)

Did you go to ---

Volume 19 (November 8, 2022), page 127 19-127-16

Tom Curry, Counsel (Peter Sloly)

Were you involved in Caledonia?

Volume 19 (November 8, 2022), page 127 19-127-18

Dana Earley, Supt (ON-OPP)

I wasn't on the frontline, but as a Strategic Commander I was involved somewhat.

Volume 19 (November 8, 2022), page 127 19-127-19

Tom Curry, Counsel (Peter Sloly)

And do you recall the mission statement?

Volume 19 (November 8, 2022), page 127 19-127-21

Tom Curry, Counsel (Peter Sloly)

Do you agree with me that it would -- I don't want to pull it up, but do you agree with me that the mission statement for a protest like Caledonia would have similar elements?

Volume 19 (November 8, 2022), page 127 19-127-24

Dana Earley, Supt (ON-OPP)

They would have similar elements.

Volume 19 (November 8, 2022), page 127 19-127-28

Tom Curry, Counsel (Peter Sloly)

The only thing that's missing is free-flowing traffic where -- because Caledonia didn't -- it involved an occupation of a different kind; right?

Volume 19 (November 8, 2022), page 128 19-128-02

Tom Curry, Counsel (Peter Sloly)

And do you agree that that one was a very difficult demonstration to try to resolve and was not really ever resolved by a policing solution?

Volume 19 (November 8, 2022), page 128 19-128-06

Dana Earley, Supt (ON-OPP)

It was a challenge, yes.

Volume 19 (November 8, 2022), page 128 19-128-09

Tom Curry, Counsel (Peter Sloly)

Do you agree it wasn't resolved by a policing solution?

Volume 19 (November 8, 2022), page 128 19-128-10

Dana Earley, Supt (ON-OPP)

I'd have to look at my notes, or I don't ---

Volume 19 (November 8, 2022), page 128 19-128-12

Dana Earley, Supt (ON-OPP)

--- recall. I wasn't involved ---

Volume 19 (November 8, 2022), page 128 19-128-15

Tom Curry, Counsel (Peter Sloly)

What was your -- you were a Strategic Commander there?

Volume 19 (November 8, 2022), page 128 19-128-19

Tom Curry, Counsel (Peter Sloly)

Put it this way, those protesters were never removed by a POU action; right?

Volume 19 (November 8, 2022), page 128 19-128-24

Tom Curry, Counsel (Peter Sloly)

Eventually, I think the province reached a financial settlement and it acquired the land over which the protest was being held?

Volume 19 (November 8, 2022), page 128 19-128-27

Tom Curry, Counsel (Peter Sloly)

Okay. And then a couple of other things if I can. Ottawa and Windsor, very different situations; correct?

Volume 19 (November 8, 2022), page 129 19-129-03

Tom Curry, Counsel (Peter Sloly)

Ottawa larger, more complex, more challenging?

Volume 19 (November 8, 2022), page 129 19-129-07

Tom Curry, Counsel (Peter Sloly)

More complex?

Volume 19 (November 8, 2022), page 129 19-129-10

Dana Earley, Supt (ON-OPP)

Each incident had its complexities ===

Volume 19 (November 8, 2022), page 129 19-129-11

Tom Curry, Counsel (Peter Sloly)

Yes, but, of course ---

Volume 19 (November 8, 2022), page 129 19-129-13

Dana Earley, Supt (ON-OPP)

--- and challenges.

Volume 19 (November 8, 2022), page 129 19-129-14

Tom Curry, Counsel (Peter Sloly)

--- I'm asking if you can rank them. If you can't, just tell me, but aren't -- isn't it obvious that Ottawa's a more complex problem even than the one in Windsor?

Volume 19 (November 8, 2022), page 129 19-129-15

Dana Earley, Supt (ON-OPP)

I would say that it had different challenges than the incident in Windsor.

Volume 19 (November 8, 2022), page 129 19-129-19

Dana Earley, Supt (ON-OPP)

And much larger, yes, I will agree to that.

Volume 19 (November 8, 2022), page 129 19-129-22

Tom Curry, Counsel (Peter Sloly)

Can we -- can I get from you that the different challenges of which you're speaking are many more challenges?

Volume 19 (November 8, 2022), page 129 19-129-24

Dana Earley, Supt (ON-OPP)

I wasn't in Ottawa, so it's hard for me to ---

Volume 19 (November 8, 2022), page 129 19-129-27

Dana Earley, Supt (ON-OPP)

--- speak to that, sir.

Volume 19 (November 8, 2022), page 130 19-130-02

Tom Curry, Counsel (Peter Sloly)

Fair enough. Now the Incident Command system and autonomy. Today you made a change to the statement that you -- that was filed. And, Commissioner, I'm going to borrow -- not borrow -- well, it is a loan, I suppose. I gather that my colleagues from Ottawa are not going to use their time or perhaps all of their time, so if I could just have a couple of their minutes? Thank you. I'll be quick as I can be.

Volume 19 (November 8, 2022), page 130 19-130-03

Paul Rouleau, Commissioner (POEC)

Have they even offered?

Volume 19 (November 8, 2022), page 130 19-130-11

Anne Tardif, Counsel (Ott)

They have. We're prepared to cede our 10 minutes ---

Volume 19 (November 8, 2022), page 130 19-130-13

Tom Curry, Counsel (Peter Sloly)

Thank you.

Volume 19 (November 8, 2022), page 130 19-130-15

Anne Tardif, Counsel (Ott)

--- Commissioner. Thank you.

Volume 19 (November 8, 2022), page 130 19-130-16

Tom Curry, Counsel (Peter Sloly)

Thank you. So, Superintendent, I'll be -- I'll just be brief with a few other things. Today you made a change to the statement; do you recall that?

Volume 19 (November 8, 2022), page 130 19-130-17

Tom Curry, Counsel (Peter Sloly)

And did my friend, Mr. Au raise that with you this morning before you came here?

Volume 19 (November 8, 2022), page 130 19-130-22

Dana Earley, Supt (ON-OPP)

No, I raised it when I reviewed my statement.

Volume 19 (November 8, 2022), page 130 19-130-24

Tom Curry, Counsel (Peter Sloly)

Okay. When did you review it, just today?

Volume 19 (November 8, 2022), page 130 19-130-26

Dana Earley, Supt (ON-OPP)

Within the last couple days.

Volume 19 (November 8, 2022), page 130 19-130-28

Tom Curry, Counsel (Peter Sloly)

Okay. Had you reviewed it before when it was sent to you -- or was it -- did they send it to you after they took it in September?

Volume 19 (November 8, 2022), page 131 19-131-01

Dana Earley, Supt (ON-OPP)

Yes. Yes, they did, and I didn't ---

Volume 19 (November 8, 2022), page 131 19-131-04

Tom Curry, Counsel (Peter Sloly)

And you read it but didn't ---

Volume 19 (November 8, 2022), page 131 19-131-06

Dana Earley, Supt (ON-OPP)

Yeah, and I didn't catch ---

Volume 19 (November 8, 2022), page 131 19-131-07

Tom Curry, Counsel (Peter Sloly)

--- notice that?

Volume 19 (November 8, 2022), page 131 19-131-08

Tom Curry, Counsel (Peter Sloly)

Okay. The reason I ask is because yesterday I asked Deputy Crowley about whether he knew about that aspect, and I wondered if that's what prompted this. Did you see that yesterday?

Volume 19 (November 8, 2022), page 131 19-131-10

Dana Earley, Supt (ON-OPP)

I watched his testimony.

Volume 19 (November 8, 2022), page 131 19-131-14

Tom Curry, Counsel (Peter Sloly)

Okay. Good. Is that what prompted you to catch this?

Volume 19 (November 8, 2022), page 131 19-131-15

Dana Earley, Supt (ON-OPP)

No, absolutely not. I caught it prior to that.

Volume 19 (November 8, 2022), page 131 19-131-17

Tom Curry, Counsel (Peter Sloly)

Okay. And the line that you wanted to take out or did take out was she informed them, Commissioners -- or the team rather, that the change in direction came from Commissioner Carrique and Deputy Commissioner Harkins. And you would say instead of that line, more accurately, you made the change after your conversation with Commissioner Harkins -- Deputy Harkins, rather, and Commissioner Carrique?

Volume 19 (November 8, 2022), page 131 19-131-19

Tom Curry, Counsel (Peter Sloly)

Now they have -- the two senior commands, Deputy Chief -- or Deputy Commissioner Harkins and Superintendent -- or and Commissioner Carrique have strategic -- overall strategic command; right?

Volume 19 (November 8, 2022), page 131 19-131-28

Tom Curry, Counsel (Peter Sloly)

And so they set the strategic direction that the Critical Incident Commander implements?

Volume 19 (November 8, 2022), page 132 19-132-05

Tom Curry, Counsel (Peter Sloly)

So there's nothing wrong -- am I right, there's nothing wrong with Commissioner Carrique and Deputy Commissioner Harkins telling you that you should not delay your operation while a letter goes to the protesters in Ottawa, but to get on with the operation in Windsor. That would not be overstepping their authority; would it?

Volume 19 (November 8, 2022), page 132 19-132-08

Dana Earley, Supt (ON-OPP)

I see it as overstepping. The operational control of the incident was mine. It had to -- that decision had to be made by me.

Volume 19 (November 8, 2022), page 132 19-132-14

Tom Curry, Counsel (Peter Sloly)

Yes. But of course, you -- so what happened in the sequence, and this is important because my friends I predict are going to say that what you did in Windsor informs what should have happened in Ottawa. So this is important for reasons that you may not appreciate, but let me just ask you. The -- if I understand it, what happened in Windsor is that a protester, Mr. Neufeld ---

Volume 19 (November 8, 2022), page 132 19-132-17

Tom Curry, Counsel (Peter Sloly)

--- came to a PLT officer and said, "We'll all leave if you give us a letter from the government."

Volume 19 (November 8, 2022), page 132 19-132-25

Tom Curry, Counsel (Peter Sloly)

And so you mobilized the government to write a letter and the Solicitor General writes a letter to say, "We'll meet with you if you denounce your unlawful actions and everybody goes home."

Volume 19 (November 8, 2022), page 133 19-133-01

Tom Curry, Counsel (Peter Sloly)

And that letter gets to Mr. Neufeld?

Volume 19 (November 8, 2022), page 133 19-133-06

Tom Curry, Counsel (Peter Sloly)

And, of course, what does he do with it?

Volume 19 (November 8, 2022), page 133 19-133-09

Dana Earley, Supt (ON-OPP)

It's shared with everybody, but it's -- it did not produce the reaction we were hoping for.

Volume 19 (November 8, 2022), page 133 19-133-11

Tom Curry, Counsel (Peter Sloly)

Do we know anything about Mr. Neufeld?

Volume 19 (November 8, 2022), page 133 19-133-13

Tom Curry, Counsel (Peter Sloly)

Did you at the time, or did you leave it to PLT?

Volume 19 (November 8, 2022), page 133 19-133-16

Dana Earley, Supt (ON-OPP)

I'm sure the information ---

Volume 19 (November 8, 2022), page 133 19-133-20

Dana Earley, Supt (ON-OPP)

--- would be available in my notes but ---

Volume 19 (November 8, 2022), page 133 19-133-22

Tom Curry, Counsel (Peter Sloly)

Okay. Fair enough. I couldn't find it, but I'll admit there are a lot of records. So and at the same time, you said, "Well, we can't give Mr. Neufeld a letter from the provincial government, from a Minister of the Crown without provoking, possibly, a reaction from the Ottawa protesters who aren't getting a letter from the Solicitor General."

Volume 19 (November 8, 2022), page 133 19-133-24

Dana Earley, Supt (ON-OPP)

I did not say it in that way, but I made sure that since a letter from the government was being issued to the protest in Windsor, that people were aware across the province that that was happening.

Volume 19 (November 8, 2022), page 134 19-134-03

Tom Curry, Counsel (Peter Sloly)

Got it. And you said, "Stop the presses. Let's not take action until we give a letter to Ottawa -- to the Ottawa protesters."

Volume 19 (November 8, 2022), page 134 19-134-07

Dana Earley, Supt (ON-OPP)

There was discussion in regards to that, yes.

Volume 19 (November 8, 2022), page 134 19-134-10

Tom Curry, Counsel (Peter Sloly)

And then the Commissioner -- or, well, first of all, the Deputy Commissioner rang you; correct?

Volume 19 (November 8, 2022), page 134 19-134-12

Tom Curry, Counsel (Peter Sloly)

And expressed a view that that was not the strategy he wished to follow.

Volume 19 (November 8, 2022), page 134 19-134-15

Dana Earley, Supt (ON-OPP)

It was suggested that I re- evaluate because I was not aware of the details of what was happening in Ottawa as he was and as the Commissioner was.

Volume 19 (November 8, 2022), page 134 19-134-17

Tom Curry, Counsel (Peter Sloly)

Yes. In other words, they're -- they've got strategic command ---

Volume 19 (November 8, 2022), page 134 19-134-20

Tom Curry, Counsel (Peter Sloly)

--- and they -- and may I just please go back to that statement? 22, yeah. WTS22, please, page 13. I'll just be a second with this. Thank you. "During a 6:47 p.m. call..." And we have the scribe notes, but I'll do it this way. "...[on the] same date, Deputy Commissioner Harkins told Superintendent Earley not to pause enforcement out of concern about the potential impact on the Ottawa protestors." That's true?

Volume 19 (November 8, 2022), page 134 19-134-23

Dana Earley, Supt (ON-OPP)

I shared with him that I had decided to pause it based on that, and then he shared with me insight in regards to what was going on in Ottawa, and that if that was the main reason, not to pause enforcement based on that.

Volume 19 (November 8, 2022), page 135 19-135-09

Tom Curry, Counsel (Peter Sloly)

Got it. And so he called you at that time?

Volume 19 (November 8, 2022), page 135 19-135-14

Dana Earley, Supt (ON-OPP)

I don't recall if he called me or I was updating him.

Volume 19 (November 8, 2022), page 135 19-135-16

Tom Curry, Counsel (Peter Sloly)

Well, so if we just scroll up a little bit, I think he called you because -- stop. "Superintendent Earley advised her command table at 6:17 [...] on [the] 11[th] [...] she had decided to pause the enforcement action."

Volume 19 (November 8, 2022), page 135 19-135-18

Tom Curry, Counsel (Peter Sloly)

Scroll down. "During a 6:47 [...] call [...], Deputy [...] Harkins told [you] not to pause enforcement..." So do you now recall that word got to him and he had a different view?

Volume 19 (November 8, 2022), page 135 19-135-25

Dana Earley, Supt (ON-OPP)

I don't recall if I called him or he called me, to be honest.

Volume 19 (November 8, 2022), page 136 19-136-03

Tom Curry, Counsel (Peter Sloly)

Well, if you called him, it was to check in with him; was it?

Volume 19 (November 8, 2022), page 136 19-136-07

Dana Earley, Supt (ON-OPP)

It was to bring an update.

Volume 19 (November 8, 2022), page 136 19-136-09

Tom Curry, Counsel (Peter Sloly)

Okay. And when you did, it was that you were pausing.

Volume 19 (November 8, 2022), page 136 19-136-10

Dana Earley, Supt (ON-OPP)

It was, yeah. It was a ---

Volume 19 (November 8, 2022), page 136 19-136-12

Tom Curry, Counsel (Peter Sloly)

And Commissioner ---

Volume 19 (November 8, 2022), page 136 19-136-13

Dana Earley, Supt (ON-OPP)

--- discussion of my decision.

Volume 19 (November 8, 2022), page 136 19-136-14

Tom Curry, Counsel (Peter Sloly)

Thank you. Deputy Commissioner Harkins said don't pause.

Volume 19 (November 8, 2022), page 136 19-136-16

Dana Earley, Supt (ON-OPP)

We discussed my reasons for wanting to pause and he said if it was solely based on Ottawa, that you should not -- that it should -- not to worry about it, to remain focussed on Windsor.

Volume 19 (November 8, 2022), page 136 19-136-18

Tom Curry, Counsel (Peter Sloly)

Thank you. And then ---

Volume 19 (November 8, 2022), page 136 19-136-22

Dana Earley, Supt (ON-OPP)

And that's when I ---

Volume 19 (November 8, 2022), page 136 19-136-23

Tom Curry, Counsel (Peter Sloly)

--- and at the bottom, you pointed out the risk.

Volume 19 (November 8, 2022), page 136 19-136-24

Tom Curry, Counsel (Peter Sloly)

You advised, "...of the risk that police enforcement [...] could have impacts on Ottawa and lead to an increase in aggression and violence by protestors [in Ottawa]..." Correct?

Volume 19 (November 8, 2022), page 136 19-136-27

Dana Earley, Supt (ON-OPP)

No, the aggression and the violence by protestors was in regards to the response to the operational plan that I had -- was going to move forward with in Windsor.

Volume 19 (November 8, 2022), page 137 19-137-05

Tom Curry, Counsel (Peter Sloly)

But what does that have to do with -- I'm not following that. Isn't it Ottawa that you were concerned with? Because look at the last sentence. You, "...advised Deputy Commissioner Harkins of the risk that police enforcement action could have impacts on Ottawa and lead to an increase in aggression and and violence by protestors”, mustn’t those protestors be the ones in Ottawa?

Volume 19 (November 8, 2022), page 137 19-137-09

Dana Earley, Supt (ON-OPP)

It would be protestors wherever across the province, and so that’s why we were discussing it.

Volume 19 (November 8, 2022), page 137 19-137-18

Tom Curry, Counsel (Peter Sloly)

Okay. But it includes Ottawa at least.

Volume 19 (November 8, 2022), page 137 19-137-21

Tom Curry, Counsel (Peter Sloly)

Deputy Commissioner Harkins confirms that he’s aware and then, a few minutes later, you have a call now with Commissioner Carrique and the Deputy.

Volume 19 (November 8, 2022), page 137 19-137-24

Tom Curry, Counsel (Peter Sloly)

And am I right that the Deputy got Commissioner Carrique on because he wanted to emphasize the message to you that he was giving, which is you should go ahead and clear the Ambassador Bridge?

Volume 19 (November 8, 2022), page 137 19-137-28

Dana Earley, Supt (ON-OPP)

They supported me moving forward with the plan.

Volume 19 (November 8, 2022), page 138 19-138-04

Tom Curry, Counsel (Peter Sloly)

Well, when you say -- you see, Superintendent, they -- what they supported was a different decision than the one you had taken to the command table. You wanted to pause.

Volume 19 (November 8, 2022), page 138 19-138-06

Tom Curry, Counsel (Peter Sloly)

And they said, “Don’t pause”.

Volume 19 (November 8, 2022), page 138 19-138-11

Dana Earley, Supt (ON-OPP)

They provided me with information that made me change my mind that the pause was not necessary, that we were ready to go, and reminded me that Windsor was my priority.

Volume 19 (November 8, 2022), page 138 19-138-12

Tom Curry, Counsel (Peter Sloly)

I mean, it -- I know that we’re - - this is -- can sound like it’s semantics, but it’s not really semantics because it’s not information they provided to you. It’s direction they provided you, isn’t it?

Volume 19 (November 8, 2022), page 138 19-138-16

Dana Earley, Supt (ON-OPP)

Well, it was a discussion. I did not find that it was directive. It was a discussion that we had about my reasons for pausing.

Volume 19 (November 8, 2022), page 138 19-138-20

Tom Curry, Counsel (Peter Sloly)

They simply took a different view than you about the importance of not giving a letter to the Ottawa protestors; right?

Volume 19 (November 8, 2022), page 138 19-138-23

Dana Earley, Supt (ON-OPP)

No, the letter was going to be given regardless.

Volume 19 (November 8, 2022), page 138 19-138-26

Tom Curry, Counsel (Peter Sloly)

Well, okay. Then pausing while you -- but you wanted to give the letter to Ottawa and then let it go and do its work; right?

Volume 19 (November 8, 2022), page 138 19-138-28

Dana Earley, Supt (ON-OPP)

That was what my first option was, and that’s what I was considering.

Volume 19 (November 8, 2022), page 139 19-139-03

Tom Curry, Counsel (Peter Sloly)

And so they said, “Here’s our judgment as strategic commanders. You’re a go, clear the Ambassador Bridge”, and you did.

Volume 19 (November 8, 2022), page 139 19-139-05

Dana Earley, Supt (ON-OPP)

Yes, that was part of the discussion.

Volume 19 (November 8, 2022), page 139 19-139-08

Tom Curry, Counsel (Peter Sloly)

Got it. Now, then, finally, the PLT. We’ve spoke about this briefly, but the PLT was not able to get -- make yards on this protest. It was a failure of the ability to negotiate with this group of disparate protestors; right?

Volume 19 (November 8, 2022), page 139 19-139-10

Dana Earley, Supt (ON-OPP)

I wouldn’t call any work of the Provincial Liaison Team a failure. Their effort was there. But it did not produce the results that we were hoping.

Volume 19 (November 8, 2022), page 139 19-139-15

Tom Curry, Counsel (Peter Sloly)

Right. And the -- well, there are only two ways down this mountain. Either those protestors were going to leave because you asked them to leave and negotiated their withdrawal, including by giving a letter from the Solicitor-General of the province ---

Volume 19 (November 8, 2022), page 139 19-139-18

Tom Curry, Counsel (Peter Sloly)

--- or you were going to have to muscle them out with a POU operation; right?

Volume 19 (November 8, 2022), page 139 19-139-24

Dana Earley, Supt (ON-OPP)

Use an operational plan from POU, yes.

Volume 19 (November 8, 2022), page 139 19-139-26

Tom Curry, Counsel (Peter Sloly)

Last question, then, please, just on the issue of strategic command. Could I show you, please, WTS39? This is the witness statement from the Commissioner, and I just need your help again because it’s -- it may be important to sorting out the roles and responsibilities of strategic commanders and incident commanders. Page 8, please. Under the heading “Incident Command System”, the Commissioner said this. And I don’t know whether you’ve seen this. Fourth line down, “While some Incident Commanders” -- do you see it?

Volume 19 (November 8, 2022), page 139 19-139-28

Tom Curry, Counsel (Peter Sloly)

“...may feel as though they have complete autonomy, this is not the case. The Chief or Commissioner remains responsible to provide adequate and effective police services, is accountable to the Board under the Police Services Act in the case of a municipal police service, and is entitled to set strategic direction or give lawful orders. However, Incident Commanders should have operational autonomy to carry out strategic objectives set by senior command.” And that’s accurate.

Volume 19 (November 8, 2022), page 140 19-140-12

Tom Curry, Counsel (Peter Sloly)

And so what occurred between you and Deputy Commissioner Harkins and Commissioner Carrique was simply that. Is that fair?

Volume 19 (November 8, 2022), page 140 19-140-28

Tom Curry, Counsel (Peter Sloly)

Okay. Thank you.

Volume 19 (November 8, 2022), page 141 19-141-04

Paul Rouleau, Commissioner (POEC)

Okay. Well, you’re -- you and the City of Ottawa are overdrawn, but we’ll see when we get to Ottawa. The Windsor Police Service.

Volume 19 (November 8, 2022), page 141 19-141-06

Thomas McRae, Counsel (Win-WPS)

Thank you, Mr. Commissioner.

Volume 19 (November 8, 2022), page 141 19-141-10

CROSS-EXAMINATION BY MR. THOMAS McRAE

Thomas McRae, Counsel (Win-WPS)

Good afternoon, Superintendent.

Volume 19 (November 8, 2022), page 141 19-141-12

Thomas McRae, Counsel (Win-WPS)

My name is Tom McRae. I’m here for the Windsor Police Service. I only have a couple of questions.

Volume 19 (November 8, 2022), page 141 19-141-15

Thomas McRae, Counsel (Win-WPS)

I believe you told one of my friends earlier today that Windsor Police Service was responsible for the arrests that were made.

Volume 19 (November 8, 2022), page 141 19-141-19

Dana Earley, Supt (ON-OPP)

Yes, it’s their jurisdiction.

Volume 19 (November 8, 2022), page 141 19-141-22

Thomas McRae, Counsel (Win-WPS)

And they -- I take it that they were also responsible for developing the arrest plans. Is that correct?

Volume 19 (November 8, 2022), page 141 19-141-23

Dana Earley, Supt (ON-OPP)

They worked with me like every other plan to create the arrest plan.

Volume 19 (November 8, 2022), page 141 19-141-26

Thomas McRae, Counsel (Win-WPS)

And the prisoner transportation plans, too?

Volume 19 (November 8, 2022), page 141 19-141-28

Dana Earley, Supt (ON-OPP)

Yes, they -- we worked alongside of each other to create those plans.

Volume 19 (November 8, 2022), page 142 19-142-02

Thomas McRae, Counsel (Win-WPS)

Thank you. There’s an organization that I’ve learned about called the Ontario Women in Law Enforcement. Are you aware of them?

Volume 19 (November 8, 2022), page 142 19-142-04

Thomas McRae, Counsel (Win-WPS)

And I understand that you were awarded, together with members of both the OPP and Windsor Police Service, with the teamwork award this past June. Is that correct?

Volume 19 (November 8, 2022), page 142 19-142-09

Thomas McRae, Counsel (Win-WPS)

And I also understand that it was Deputy Chief Crowley who put you up for that award. Is that correct?

Volume 19 (November 8, 2022), page 142 19-142-14

Dana Earley, Supt (ON-OPP)

Yes, that’s correct.

Volume 19 (November 8, 2022), page 142 19-142-17

Thomas McRae, Counsel (Win-WPS)

Those are my questions. Thank you.

Volume 19 (November 8, 2022), page 142 19-142-18

Paul Rouleau, Commissioner (POEC)

City of Ottawa?

Volume 19 (November 8, 2022), page 142 19-142-21

Anne Tardif, Counsel (Ott)

We ceded our time, so we have no questions, Commissioner. Thank you.

Volume 19 (November 8, 2022), page 142 19-142-22

Paul Rouleau, Commissioner (POEC)

Ottawa Police Service?

Volume 19 (November 8, 2022), page 142 19-142-24

CROSS-EXAMINATION BY MS. JESSICA BARROW

Jessica Barrow, Counsel (Ott-OPS)

Good afternoon, Superintendent. I’m Jessica Barrow. I’m counsel for the Ottawa Police Service.

Volume 19 (November 8, 2022), page 142 19-142-26

Jessica Barrow, Counsel (Ott-OPS)

I just wanted to clarify one quick thing with you that came out of your conversation with Mr. Curry, and that’s the change that you made this morning to your witness statement.

Volume 19 (November 8, 2022), page 143 19-143-02

Jessica Barrow, Counsel (Ott-OPS)

So just to make sure I have it correct, what you indicated this morning was that you had a conversation with Commissioner Carrique as well as the Deputy Commissioner ---

Volume 19 (November 8, 2022), page 143 19-143-07

Jessica Barrow, Counsel (Ott-OPS)

--- in relation to whether to stand down the Windsor operation.

Volume 19 (November 8, 2022), page 143 19-143-12

Jessica Barrow, Counsel (Ott-OPS)

And as a result of that conversation, you ultimately decided to revert course and continue with the Windsor operation; correct?

Volume 19 (November 8, 2022), page 143 19-143-15

Jessica Barrow, Counsel (Ott-OPS)

And just so that I understand it, the reason for that was because you obtained new information in the course of that conversation; correct?

Volume 19 (November 8, 2022), page 143 19-143-19

Jessica Barrow, Counsel (Ott-OPS)

And you couldn’t otherwise have had that information previously because you were in charge of the Windsor operation.

Volume 19 (November 8, 2022), page 143 19-143-23

Jessica Barrow, Counsel (Ott-OPS)

And you had limited information or, I think, line of sight into that operation in Ottawa.

Volume 19 (November 8, 2022), page 143 19-143-27

Jessica Barrow, Counsel (Ott-OPS)

And so it was less a question of being directive and more about sharing information with you that you couldn’t otherwise have had prior to that meeting.

Volume 19 (November 8, 2022), page 144 19-144-03

Jessica Barrow, Counsel (Ott-OPS)

And so as a result of that meeting, you decided that the risks you initially were concerned about were not concerns after all and you could proceed with your operation.

Volume 19 (November 8, 2022), page 144 19-144-08

Jessica Barrow, Counsel (Ott-OPS)

Okay. Thank you. Those are my questions.

Volume 19 (November 8, 2022), page 144 19-144-13

Paul Rouleau, Commissioner (POEC)

Next the Ottawa Coalition of Residents and Businesses.

Volume 19 (November 8, 2022), page 144 19-144-16

Emilie Taman, Counsel (Ottawa Coalition of Residents and Businesses)

Good afternoon, Commissioner. Emilie Taman, for the Ottawa Coalition. We don’t have any questions. Thank you.

Volume 19 (November 8, 2022), page 144 19-144-18

Paul Rouleau, Commissioner (POEC)

Thank you. The Convoy Organizations?

Volume 19 (November 8, 2022), page 144 19-144-21

Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)

Good afternoon, Mr. Commissioner. Bath-Shéba Van den Berg for Freedom Corp and protestors. We have no questions for Superintendent Earley. Thank you.

Volume 19 (November 8, 2022), page 144 19-144-23

Paul Rouleau, Commissioner (POEC)

Thank you. National Police Federation?

Volume 19 (November 8, 2022), page 144 19-144-27

Lauren Pearce, Counsel (National Police Federation)

Hello. This is Lauren Pearce for the National Police Federation. We also have no questions.

Volume 19 (November 8, 2022), page 145 19-145-01