Antoine D’Ailly
Antoine D’Ailly spoke 240 times across 7 days of testimony.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Thank you, and good morning. My name is Antoine D'Ailly, counsel, together with Amanda Armstrong, to Citizens for Freedom, representing a not-for-profit organisation representing the interests and perspectives of the peaceful demonstrators in Windsor, Ontario. We are here to assist the Commission in fulfilling its mandate, particularly its fact-finding function as it relates to the protests that occurred in Windsor, which culminated in the widely publicised demonstration near the Ambassador Bridge, and the various corresponding responses by the various levels of government and law enforcement. Citizens for Freedom is here to advance the interests of truth and transparency and to assist this Commission in producing a balanced and accurate public record.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Good afternoon, Mr. Commissioner, Mr. Barber.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
My name is Antoine D’Ailly. I’m counsel to Citizens for Freedom representing the peaceful protestors in Windsor.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Mr. Barber, you indicated that you led a convoy of trucks from out west to Ottawa and that you were a point of contact with local police forces along the way. Have you had -- have you ever had any contact with the Windsor Police Service?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. You indicated that while you were travelling across the country, one of your primary responsibilities was dealing with logistics, listening to the radio chatter. Do you ever recall receiving or responding to any requests for support from the demonstrators in Windsor, whether it’s, you know, request for trucks or other logistical support?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Perfect. And if you did receive this type of request, is this something that you would have brought up with your internal leadership team?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Perfect. And so the convoy that you were leading across the country to Ottawa, that did not pass through or anywhere near Windsor, Ontario. Is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And were any of the road captains or other trucks that were part of your convoy, were any of them, to your knowledge, dispatched to Windsor?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Now, earlier this morning, you were shown a TicTok video where you’re talking about, “Let’s hit them,” presumably the federal government, “where it hurts,” and I’d like to paint some clarity from you on that statement. So, in this case, when you say, “Let us hit them,” “us”, in this case, you’re referring to the convoy and its supporters; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And in terms of “where it hurts”, was one of those places you were referencing the Ambassador Bridge or were you focused exclusively on attending a protest in Ottawa?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Perfect. And so, to the best of your knowledge, did any of the core organizers of the Freedom Convoy attempt to establish any kind of slow roll or any type of blockade in Windsor for the purposes of impeding border traffic?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
So is it, then, fair to say that from your perspective, blocking ports of entry or impeding traffic at any port of entry, whether that’s in Windsor or in Sarnia, was not an objective of the convoy organizers?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
All right. And when were you first made aware that the demonstration at the Ambassador Bridge had been cleared by police?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Fair enough, okay. Thank you very much. Those are my questions.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Hello, Mr. Commissioner, Ms. Belton. My name is Antoine D'Ailly. I'm counsel to Citizens for Freedom, representing the peaceful demonstrators in Windsor, Ontario. I just have a few questions to clarify some earlier testimony. The first TikTok video that was played today, the one that you indicated was broadcasted while you were detained at secondary at one of the Windsor border's crossings, was that the Ambassador Bridge you were being detained at?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Perfect. And what was the approximate date of that video?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
That’s 2021 or 2020?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Twenty twenty-one (2021). And you had indicated in your testimony that you were afraid that, you know, Windsor police would be involved, other policing agencies. Did other law enforcement actually have -- become involved in that interaction with you, or was it just CBSA that day?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
But when you entered, did you actually have an interaction with Windsor police on that particular day?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And just to say, PHAC, here you're talking about the Public Health Agencies?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Perfect. You also indicated in your earlier testimony that you had witnessed a CBSA strike a number of years ago and that you had been left to sit on the bridge for over two hours.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Do you recall about when that occurred?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And that was the Ambassador Bridge as well then?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And when you were on the Bluewater Bridge that day and your truck was at a complete standstill on the bridge as in no traffic was entering Canada through that port of entry because of the actual CBSA officers; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Did not appear that they were concerned in speeding up the access ---
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Understood. And you'd indicated that you had received a report that one of your colleagues had been stuck at one of these ports of entry for 14 hours. Was that ---
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
--- also at the Bluewater Bridge or was that the Ambassador Bridge?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Thanks. Just turning to the convoy that it sounded like you led from Sarnia to Ottawa. Can you remind me again the precise date that you left Sarnia and would have passed through London, Ontario?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Twenty-seven (27). And for those less familiar with the structure of the highway in the area, is it accurate that the 402 merges into the 401 either westbound or eastbound right outside of London?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And that that juncture where the 402 and the 401 connect is about 200 kilometres away from Windsor, Ontario?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Were any of the trucks from convoy you were leading from Sarnia directed by you at that junction to head towards Windsor, so westbound instead of towards Ottawa eastbound on January 27th?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
A subsequent video was showed earlier today in which -- I believe it was one of your Tik Tok videos where you're speaking about being threatened by CBSA agents, being extensions of the federal government. You mention a group that was carrying out some threatening activity, and I'm not sure on the pronunciation, but was this Antifa? Is this the same group that was referenced earlier today by Mr. Charland?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. Understood. Final question here is, were you physically present in Windsor at any point between January 23rd and February 14th of 2022?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
January 23rd and February 14th of 2022.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And so on January 27th then when the convoy left Sarnia, you were not with the convoy at that point? You joined them at some point on ---
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
So then on January 27th you started in Sarnia; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Those are my questions. Thank you.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Commissioner.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Mr. Marazzo, I’ll be very brief today. You indicated at the beginning of your testimony ---
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Sorry; my name’s Antoine D’Ailly, counsel to Citizens for Freedom. You indicated near the beginning of your testimony today that you saw things you’d never thought you would see in Canada, and that those things may have formed part of your motivation for your participation in the convoy.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Is that a reference to abuses of power? And what are some of those things that you saw that you never thought you would see?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
The things -- the things you saw that you never thought you would see, which would -- motivated you to participate.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Well, thank you, and thank you for your service.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Commissioner, Antoine D'Ailly for Citizens for Freedom. No questions for this witness. Thank you.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Good morning, Mr. Commissioner.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Ms. Lich.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
My name is Antoine D’Ailly, counsel for Citizens for Freedom, representing peaceful protesters in Windsor. Ms. Lich, in yesterday’s testimony you indicated that at the beginning you were tasked with some of the fundraising and that you thought that a fundraising goal of $200,000 was way too much and that you expected maybe $20,000 in donations; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And that you certainly did not expect the level of financial support that the convoy did receive over that period of time; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Perfect. Do you agree that many Canadians who were unable or otherwise unwilling to go out and protest in the streets, instead donated to the convoy as a tangible demonstration of their opposition to the government mandates?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Right. And so is it also your understanding that contributors to a GoFundMe campaign may leave a message of support when they donate?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And did you review some of those statements of support?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
So then based on your experience, would it be fair, then, to characterize the act of donating to the convoy’s fundraising efforts as a form of political expression?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Understood. And is it true that the GoFundMe campaign for the convoy was active for less than a month?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And were you ever made aware that the convoy’s fundraising campaign, in that limited amount of time, enjoyed more donations from more Canadians than the Liberal Party of Canada did in either 2020 or 2021?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
So we’re talking about large amounts ---
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
--- of money here, right?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And are you aware of any other grassroots fundraising campaign which has raised comparable amounts of money since March of 2022?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Fair enough.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And lastly, we heard about some of the conditions and restrictions that you are now subject to while you wait for you your trial next year. In addition to those conditions, how many days have you spent in jail since you started fundraising for the convoy?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Those are my questions. Thank you.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Antoine D'Ailly for the Citizens for Freedom. Our group would like to cede our time to counsel for the witness.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Mr. Commissioner. Good morning, Mayor. My name’s Antoine D’Ailly; I’m counsel of Citizens for Freedom, representing the peaceful protestors in Windsor, Ontario. First of all, my congratulations on your recent re-election. I understand we heard earlier that you’ve been the Mayor and the Chair of the Police Services Board since 2014. But you also served prior to that in the capacity as a City Councillor; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And when did that start?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And so since your tenure of December 2006 would you agree that you have got some significant influence and connections within the City of Windsor, and are a central point of contact for organizations, such as the University of Windsor, the businesses in the area, and that you wield quite a bit of political influence?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And so in -- just in terms of the division of the powers, because I understand you do wear several hats, one being, again, the Chair of the Police Services Board. In your capacity as Chair, you said that it is not the Board’s responsibility to direct the activities of the police; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Would you say that you influence what tactics and methods they may use?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And when it comes to requests for resources, is that usually something that comes from the police to -- and that request is made to the Police Services Board, or is the Police Services Board itself making requests for resources and things like that from the City?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Understood. And in your capacity as Mayor as well, I presume that you also had regular communication over the last couple of years, leading up to the pandem -- to the protests, with the Windsor-Essex County Health Unit and the Chief Medical Officer of Health of the region; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And would you say that over the last two years that there was, in that increased communication, is it typically the City seeking guidance from the Windsor-Essex County Health Unit, or is it that, you know, these decisions are being made together in a collaborative fashion; what’s that relationship between you and the Chief Medical Officer of Health in the in the area?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And so would it be fair then to say that, typically, the recommendations -- because we saw a number of section 22 Orders issued by the Health Unit, that they were the subject to protests that led up to the demonstration at the bridge. Would it be fair to say that the recommendations of the Medical Officers is -- is the medical advice, and that the actions of the City Council, in terms of the bylaws and the Orders that are being passed, are more of the political aspect of that?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Understood. And just in terms that Community Control Group, so am I correct that this community -- is it Community Control or Corporate Control Group?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And the Community Control Group, they met during the week of February 11th on a daily basis, 9:30 every morning; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And did you attend all of those meetings personally, whether remotely or in person, or did you rely on others to communicate and relay to you the information that was discussed during those meetings?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And so I presume, then, that the days that you did not attend those briefings about the bridge you had other priorities to attend to at the time.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And I guess you had an understanding that, you know, whether it’s your Chief of Staff or the Police Services, or whoever else attending those meetings was in control of that situation, and that your immediate attention on that was not required; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And when you speak of the duration of the protests; is it fair to say that, as Mayor of Windsor, part of your role and responsibility is not only to represent the majority of citizens that elect you but also the minority opinion?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Would you consider ---
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And so would it be fair to say that part of your role and responsibility, then, is to attend to those minority -- those minority opinions and views, or at least take them under consideration, particularly when there’s active protests in the city?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Right. And I understand that you testified earlier that you at no point in time actually went down and spoke with the protesters at the Ambassador Bridge protest; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
In terms of the leadership, were you aware that many of those attendees had also been protesting on almost a weekly basis since 2020 down at the Great Canadian Flag?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
You were not? As Mayor, are you typically informed by somebody within the City’s apparatus of the protests that are happening?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. So you say that you didn’t receive notice of, you know, the anywhere between 25 to 50 people that gathered almost on a regular basis every weekend on at the flag; you say you were not aware of those.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And in the information that you received about those weekly protests leading up to the Ambassador Bridge, were you able to identify any of the organizers or the leaders of those protests?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And did you at any point communicate the names or identities of those leaders to the Windsor Police Service or anybody else within the City?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And so you saw the interaction with the protestors, or at least the leaders of those protests as more of a policing matter than a political matter?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Right. Would you agree with me that over the course of the two years, those protests were building? There were many changes to the legislation and there was different times where perhaps the number of people allowed at one of those protests was within the bounds of law, and other times, you know, there could be further restrictions in terms of the number of people that could gather, and that that was a fluid situation, and that not all those protests were legal?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. Is it fair to say that in the protests leading up to the Ambassador Bridge, there were multiple occasions where there was a far bigger turn out of protestors and demonstrators than ever appeared at the bridge?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And did I hear you correctly earlier that your understanding of the composition of the protestors is that many of those at the bridge were locals and it was not all from out of towners, and to the extent there were people from out of town, a lot of them were coming from Toronto and other places in southwestern Ontario, rather than Ottawa?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And so then, as your role as part of the CCG, would you say that part of your responsibility was communicating with the other branches of government, whether it was, I think we saw some text messages earlier with Minister Mendicino, with the Solicitor General in the province. So one of your key responsibilities was being that spoke on the wheel to these other government agencies? Is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And so can you just explain, who is Brian Masse?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And did you have much correspondence or communications with him during the Ambassador -- well, during the time leading up to the Ambassador protest?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. Can we just pull up a document here, WIN00001659? So, Mayor, we heard earlier that you said, you know, the traffic at the Ambassador Bridge is of particular economic importance, at every hour of every day there’s goods and services crossing that border, and that in your opinion, a significant interruption to those products and services flowing across the border is of economic importance. Did I hear you correctly on that?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And I believe Mr. Masse -- if we can scroll down here on this letter? Appears to be dated February 9th to many of the other Federal Ministers. And if we scroll down, if you look at the top of the second paragraph there, it says that: “Traffic disruptions along the road corridor to the Ambassador Bridge are not uncommon…” Do you have any idea of what Mr. Masse is referring to here?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. So I understand that in your capacity as mayor, you may not hear about every protest that’s going on in Windsor, but do you recall a protest in March 20th of 2019, I think this was during your tenure, where a gentleman named Edy Haddad -- is that name familiar to you?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And who is Edy?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And do you share my understanding that he’s also currently the Chair of the Liberal Party of Canada in the Southwest Division?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And did you ever receive any indication that he was also the Chair of the Essex Federal Liberal Riding Association?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Do you recall hearing a statement from him on March 20th, 2019 in relation to a protest dealing with funding for the university that apparently led to a temporary blockage of the Ambassador Bridge in Windsor and Mr. Haddad’s quote saying that: “We’re going to continue to shut down the bridge at every protest we do until they reverse the cuts.” Do you recall that?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
So in addition to construction, do you recall any other interruptions to the flow of goods and services across the border at the Ambassador Bridge?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Well I’d say most recently, is it true that on October 3rd of 2022, both the Ambassador Bridge and the Windsor Tunnel were shut down for a marathon?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
That happens every year?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And is it your understanding that as part of that planning, both the bridge and the tunnel were completely shut down to commercial and pedestrian traffic for a period of time?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Right. And were you also aware of a CBSA strike and protest in support of that over some wages or the fact that they had been working without a contract that caused some major slow downs and disruptions at the bridge in August of 2021, as I understand it?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
So would it be fair to say then that this particular protest that happened in February of 2022 was not the first protest that impacted the free flow of goods across the border at the bridge?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And different, but also insignificant to the point that you don’t recall them as a major event? Is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. Now, you’d indicated that, for example, the Detroit Marathon that happens every year, it’s well planned, it’s well thought out, so all parties kind of have notice that this is happening. Would you agree with me that the primary concern, perhaps from the City’s perspective, as to this particular protest in February of 2022 was the uncertainty in terms of how long it might last and, you know, whether or not the City, or the Province, or even the Federal Government had the resources to handle that type of demonstration?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And when you say it was a complete closure, are you aware of briefings through that CCG group where at various times there was certainly at least one lane open or two lanes open to allow traffic and at least emergency vehicle access?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
I understand. And you spoke earlier too about, you know, constructions and other delays. And the importance of the just-in-time delivery system for many of the auto parts manufacturers locally. Would you agree with me that a slowdown or significant slowdown, whether it's construction or otherwise, would also have an impact, albeit not as severe, but certainly has an economic impact on the auto parts manufacturers?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Right. And so traffic disruptions but the border still open. May we pull up POE.CFF I believe it's seven 0s 1. You could scroll down here and just notice the date that it's made, 13th 2019. And is this an accurate representation of Huron Church Line here? What are we looking at in terms of the nearest cross street where those traffic lights are?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. Would it be fair to say that this was close to the Ambassador Plaza and that we're looking at roughly 2 to 300 metres, maybe a kilometre away from the mouth of the bridge?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And would you agree that this type of traffic and slow down is not unusual along that main corridor, in your experience since 2006?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
M'hm.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And so you would agree with me then that this picture here in terms of the delays and the traffic is also emblematic and similar to the current state of the bridge since, let's say, the beginning of this summer?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. Understood. I'd like to briefly touch on sort of who knew what when within the CCG. You had indicated earlier that you were made aware of some demonstrations in Sarnia and that there were the slow rolls happening in Windsor. But am I correct in saying that Chief Mizuno was not terribly worried about the slow rolls that were happening at the end of January, that was no particular cause for concern?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
All right. And were you also made aware that the OPP had shut down the highway junction at Highway 402 in an attempt to block either the west or eastbound traffic and to control that situation on or about February 6th?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Can we put up document WIN00000041? And if we can scroll down -- and so this email, I understand, came from Joe Dedeckert. Do you know who he is?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
But would you agree with me that if we scroll up here that this was sent to a City of Windsor employee Carolyn Brown?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And so you were never advised as to the contents of this email or this particular update that the OPP had shut down Highway 402?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
All right. If we could scroll down a little bit further there, that the OPP in fact shut down the highway and that no traffic was able to go westbound to the U.S. through Sarnia due to police action. Is that a fair assessment of the content of this email?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Understood. And so if we could pull up Windsor document 000000 and 39. And who is Andrew Ray?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And so were you informed then by Stephen Laforet -- and Stephen Laforet is the Windsor Chief of Fire; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And he also sits on the CCG?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And so he notified you about the protest at Bluewater Bridge. He was informed that the -- by EMO that the 402 is now closed and it was closed by OPP and not by a blockade; is that -- were you made aware of this back on February 6th around 8 in the afternoon?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And I think later in this document too that they say that they are trying to block off the Ambassador Bridge, or at least threatening to do so. Is that further down in this email? Oh, you can scroll up a little bit. "There is concern based on some limited intelligence the convoy will be or is heading to Windsor today. Earlier intel indicated that the bridge was going to be targeted on Monday." (As read) So would it be fair to say that on February 7th you had some intelligence that there may be an action at the Ambassador Bridge?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And then if -- so after you were made aware of the potential action in Windsor, you basically left it to the Windsor Police Service to implement a plan and to deal with the possibility of a blockade; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Understood. Can we pull up Windsor's -- WIN000002174? I believe these are the in-camera meeting minutes from February 8th, 2022, at 7 p.m. Do you recall being in attendance at this meeting?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And if we scroll down here, I believe it's on page 2 -- scroll down a little further. I think there's a quote that says that "At any point we can extend the circle of control." Do we see that here? Perhaps closer to the bottom of the page? All right. So that's Deputy Bellaire saying that "At any point we can extend the circle of control." What did you understand that to mean?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And did you have any understanding in terms of what was within the circle of control on February 8th at 7 p.m.?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And I believe somewhere in here Chief Mizuno says as well that, "...[we] are ready to ask should we need assistance. [And that] the amount of assistance [...] will be dictated by what happens in the coming days." Do you recall hearing Ms. Mizuno -- or Chief Mizuno saying that?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Perfect. And if we can just pull up your witness statement, you said earlier no changes needed to be made. I believe this is WTS0000019. I believe in that document you said you weren't sure where the number 100 came from, referring to the request for additional officers.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. If we could pull up document WIN000002306 at pages 10 and 11?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
I thought we had 45 minutes here today.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay, I'll pick things up then. Okay, if we look at page 10, and we scroll down. On the right side, is that -- is the -- are the text messages that are darker, is that you to the Chief?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And is there that you indicate that: "We need to make an official request to the Province and Feds for the 100 officers."
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
So could you help me reconcile that? Was the request for 100 officers or the estimate of 100 officers did that come from you or did that come from the Chief?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
If we can just ---
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
--- scroll up. I believe --- Yeah, if we go up a little further ---
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
--- I think there's a timestamp.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
It's February 8th in the evening; right?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. Can we ---
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
So your testimony is that the request for 100 officers came directly from the Chief of Police and it was not at your direction?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. Could we call up Windsor document 00002295. I believe these are text messages between the Mayor and Minister Mendicino. So if I've got the timeline correct here, so February 8th at 7:00 p.m., during the in-camera meeting, Chief Mizuno says: "We are ready to ask for assistance should we need it." (As read) Then later in that evening, you text her, and it appears to say, "probably about 100 officers." If we're looking at here page 4. So on Wednesday, the following evening, then, it appears that Minister Mendicino is under the assumption that the police chiefs, that would be Chief Mizuno, told the OPP Commissioner that they are not requesting additional enforcement resources. And you said that that was inaccurate?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And if we scroll down a little further here. You had indicated earlier, correcting your statement, that: "CBSA went to offer tow truck support to Windsor..." And then the local police was saying that that wasn't necessary, is that correct, or they weren't interested?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Right.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And so would it be fair to say, then, that the two parts of this conversation we saw you have having with Minister Mendicino, Minister Mendicino was incorrect about whether or not that Chief Mizuno had requested resources, and was also incorrect as to the type of assistance that was offered by CBSA?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Understood. Okay, and it was also your understanding, then, that there was a plan in place as early as February 10th to dismantle this protest; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. Can we pull up WPS, I believe that's...
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Yeah. Okay, so am I allowed to just to show a couple of pictures here to make sure that we're on the same page in terms of what the enforcement action did look like on the -- February 13th? If we could pull up CFF0000009.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Not according to this note here. Okay, we can skip that one and look at CFF000000260 instead. And so those officers there, is it your understanding those are Windsor Police officers, or are those OPP?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
What about CFF000000261? Those appear to be officers on the roof. Do you know if those are Windsor Police or is that OPP?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Can't tell? Okay. And you indicated you weren't sure exactly what time on either the 13th or the 14th that the bridge had been cleared completely. Do you recall reading a report from, again, I believe this is Chief of Fire Steven LaForet, that the blockade is clear and that all needs have been met. It's at 9:52 p.m. on February 13th.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
But the area was secure.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Understood. And just in terms of the intentions of some of those protesters there. I understand that you referred to what happened at the Ambassador Bridge almost as "The Last of the Mohicans" moment, and that when asked to clarify, you indicated that some people there were willing to die for that cause. Would you agree, based on some of your observations, that in the evenings, at least, there was a party atmosphere, that the vast majority of protesters there were not willing to be shot in the streets to maintain that protest, and that it was by and large absolutely peaceful?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay, I'll move on there. And just to clarify, so Chief Pam Mizuno, she is no longer the Chief of the Police in Windsor, she announced her sudden retirement on March 22nd. Is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And honestly ---
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
--- I think I can wrap it up there. No more questions for this witness. Thank you.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Mr. Commissioner and Deputy Chief. I'm aware of the 10 minutes allotted here and brief as possible. So Registrar, could we pull up WPS000000102? Again, Deputy Chief, it's Antoine D'Ailly, counsel for Citizens for Freedom. In the interests of limited time, if you could answer yes or no where possible, is it your understanding that there's CCTV cameras posted along various intersections on Huron Church Road?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And those cameras include EC Row and Huron Church, which is about four kilometres away from the mouth of the bridge?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
How about Huron Church at Tecumseh, about one kilometre from the bridge?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And then Huron Church at College, which is about 50 metres from the foot of the bridge; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And this photo here, is this from a CCTV camera?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
That one's from a drone?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Was somebody monitoring the CCTV cameras during the demonstration?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And was this happening at the EOC?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And was your understanding that live CCTV footage or at least, you know, frequent screen shots are normally available to the public online from the CCTV cameras?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And was there ever a decision made by Windsor Police Service to restrict access of these cameras to the public?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Are you ---
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. But there was no decision to deliberately restrict access?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Understood. This looks like the beginnings of what may form a blockade, and it looks like the police have vehicles there. Is this the Tecumseh and Huron Church intersection?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And so this is about a kilometre away from the foot of the bridge; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And do you have any idea of when this particular photo was taken?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Would it be fair to say this would be closer to the beginning of protest activity on Huron Church?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. You spoke earlier about this BearHug strategy, and indicating that there's almost like, this plaza around the mouth of the bridge. Is it fair to say that there's two ingress points and two egress points from the border itself?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And so also you've got the northbound and southbound lanes coming out of that main entrance, and then two ancillary roads coming out to Wyandotte Street; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And we heard earlier in terms of the police establishing a circle of control or a perimeter. Would it be fair to say that that perimeter would be then set out around those points of ingress and egress?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And do you have any indication when that initial circle of control was established?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Is it your understanding that on February 10th, a plan had already been put in place for Windsor Police Service to remove the protestors on Saturday, February 12th?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Mr. Registrar, could we pull up WPS000000042, and page 2 of that document, please? I understand these are notes by Supt. Karel DeGraaf. We're unable to see who this email was sent to or from. Did you ever have a chance to see this email or the contents of Mr. -- Inspector DeGraaf's update?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And so is it fair to assume that this was indeed produced February 10th, that Inspector DeGraaf reports: "There's no significant issues with managing the protesting and the numbers have remained consistent compared to the last three days."
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
There's -- could we scroll down a little bit further here to the sixth point, right? And so on February 10th -- so this is before the City or the AMPA applied for their injunction, there's already an arrest plan in place, there's already an idea that removal's going to begin on Saturday, and there's already indications that Children's Aid will be involved; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And you had indicated that at some point right around February 10th, there was a shift to this joint command with OPP. Are you aware whether or not this plan was produced before or after joint command was established?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Understood. Mr. Registrar, could we pull up CFF00000106? So Deputy Chief, you spent some time in the EOC and had a good briefing in terms of what was going on during the -- throughout the week?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And so is this an accurate depiction, I suppose, of the protest and the police on February 12th, being the Saturday?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And can you identify which intersection this is at? Would that be Huron Church and College?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And it does look like there then on the northbound lanes there's a number of police cars in those four -- or three or four northbound lanes there, and behind the police line, there's a number of police vehicles there as well; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And it appears there may be a small number of protestor vehicles in the southbound lanes, both in front and behind that police line; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And would you agree with me that the police reports that were produced indicated that a towing plan was successfully executed on February 12th and 13th?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And earlier, you mentioned multiple threats that were made or received. Do you agree with me that although resources are required to investigate and respond, not all threats in social media posts are credible?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And would you also agree with me that the threats, whether it's to the airport or the police station or these bomb threats by and large did not materialize?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Understood. Resources have to be ---
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
If I could pull up two multi-media database videos? You had indicated earlier that police were, in general, respectful of protesting on the sidewalk, and that you understood this was part of the injunction that lawful protest was still allowed as long as you're not impeding traffic; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And so if we could put this first video up again? That’s CFF00000015? It's a 30-second video here. [VIDEO PLAYBACK] And then if we could pull up one more video as well? CFF00000004. And while that video is coming up, Deputy Chief, would you agree with me that the records indicate that there was at least 44 arrests and that the majority of people that were arrested were charged with both mischief and for disobeying a court order?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Let’s watch this video here. [VIDEO PLAYBACK] Would you agree with me that it appears that there’s a woman sitting peacefully on the grass there being arrested?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. I ---
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
But the sidewalk and the grass are both on the interior of the fence lines that you’re alluding to?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Can we agree that she’s not impeding vehicular traffic from her location there?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Understood. And would agree with me that both of the videos that we just saw are police enforcement on the weekend, either the 12th or the 13th of February?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Thank you. And just quickly, in terms of the past protests, I understand police were in charge of monitoring, then went back as far as June 24th, 2020. Do you recall about 100 protestors outside of the Windsor Essex County Health Unit when the first mask section 22 order was implemented?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And do you also recall hundreds of protestors in front of City Hall when the City implemented a more restrictive mask mandate than the Health Unit did?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And more than 100 protestors in January of 2021 marching down Oullette, one of the main streets in Windsor on the road towards the Health Unit with concerns about serious adverse reactions to a segment of the population from these vaccination mandates?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And do you recall thousands of people, or at least 1,000 people at the flag August 28th, 2021 with concerns about risks of serious bodily injury, talking about myocarditis and pericarditis, issues with vaccination?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And what about September 29th? Do you agree that there was reports that there was hundreds of people protesting across the street from Windsor Regional Hospital because of the termination of nurses, doctors, and other front line hospital staff?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And do you also recall a silent protest with at least 1,000 people at the flag on September 18th, 2021 in response to the termination of first responders and City employees by the City of Windsor?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And do you also recall that instead of placing employees on a leave of absence until the end of the COVID-19 period, as provided for in the Employment Standards Act and the Infectious Disease Emergency Leave, that the City of Windsor made a choice, an intimidating choice, threatening the economic security of many of its employees, that they would be terminated, rather than on a leave of absence if they refused to accept the Government’s medicine into their body?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Are you aware of any Windsor Police Officers that no longer have a job because of their medical decisions?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
No further questions. Thank you.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Antoine D’Ailly for Citizens for Freedom. We’ll cede our time to counsel for Mr. Leschied.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
His lawyer.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Good afternoon, Mr. Commissioner.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Good afternoon, Minister Mendicino. My name is Antoine D'Ailly. I'm counsel for the Citizens for Freedom, representing the protesters in Windsor, Ontario. I'd just like to take you through two aspects today. First, some of the considerations that were made by you, Mr. Minister, in considering some of the legal alternatives other than invoking the Emergencies Act to deal with the protests, and also some specific questions about your communications with the Windsor governance structure. Just for the record, do you remember the mandate letter, JCF.00000189. Mr. Clerk, I don't think we need to pull that up. But that's the mandate letter you received on December 16th of 2021 from Prime Minister Trudeau. Do you recall that letter?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And I think on the fourth page, fifth bullet from the bottom, it mandates you to: "Continue working with the Minister of Health and the Minister of Transport to protect the health and safety of Canadians through safe, responsible, and compassionate management of the border with the United States and other ports of entry into Canada." (As read) Do you recall that portion of your mandate?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And so I take it the Minister of Health, the Minister of Transport, you worked closely together, and that would be Minister Duclos and Minister Alghabra. Is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And is it also your understanding that Minister Duclos is an economist by formal educational training?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And then you're obviously a lawyer by background and former Crown prosecutor. So with respect to the Freedom Convoy and the protest, would it be fair to say that, you know, a trucker protest, protesting about health mandates with concerns about public safety and border concerns, that this group between the three of you as part of your mandate, you were the key Ministers involved in dealing with some of the concerns raised by the convoy; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Sorry, just got limited time here. Yes and no answers where we can and where we need to elaborate, just as concisely as possible, please. If we could pull up a document ID PB.CAN.00001868, and this is from the emails that were received last night. Do you recall hearing Jason Kenney's position that "the trucker vax policy is obviously just dumb political theatre"? Was that ever brought to your attention?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
If we could scroll down, so it should be the third attachment and the sixth email that was received from Mr. Brousseau last night. There it is. "The trucker vax policy is obviously just dumb political theatre. Calling them Nazis hasn't exactly helped." Do you recall being informed of Premier Kenney's position on this?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And I take it you disagree with Premier Kenney's position?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
But is it true though that the Liberal platform in September of 2021 dealt with a mandatory vaccination policy cross the entire federal service and on federally regulated transportation?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And I believe you had 33 percent roughly of the popular vote then; is that correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And so would you say then that in part this mandate, or this must-do activity is rooted at least in part in a political or ideological purpose?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Understood then, sir, I'm trying to figure out what specific knowledge you had ---
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
--- in dealing with the Minister of Health here. So would it be fair to say that under the Department of Public Safety and Emergency Preparedness Act, you were given the responsibility of exercising leadership at a national level relating to public safety and that the Department of Health has a similar aspect in terms of promotion and presentation of health. So what I'm trying to get at here is the separation of powers a little bit, because we did have an unprecedented emergency situation with the pandemic in Canada where some of these vaccines were pushed through very quickly. And so, you know, perhaps by way of analogy, you know, if there's a new peanut that's coming on the market that may have been genetically modified, it would clearly be within the purview of the Ministry of Health to assess the safety of that. But was there ever a consideration where, let's say you're now implementing a mandate that results in 90 percent of Canadians ingesting this product. Does that concern your mandate under public safety at all?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Understood. So, Minister, so there is a little bit of overlap, and this is -- some of this overlap could have been discussed through your mandate working with the Minister of Health and Transport; is that fair to say?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Understood. If we could pull up, Mr. Registrar, JCF.00000183? So this here is the regulatory decision summary published by Health Canada on September 16th of 2021. I believe this was the second -- the purpose of this document was to transition the approval of some of these vaccines from being authorized under an interim order to being authorized under I believe it is schedule division 8 of the Foods and Drugs Act. So if we could go to page 6, the first paragraph there. It states that, "An important limitation of the data is the lack of information on the long- term safety and effectiveness of the vaccine." Were you made aware of this concern?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Right. And would you also agree with me that because of the time constraints, because of the emergency situation that this rollout had to occur within, that it did not go through the regular, rigorous testing that it otherwise would have. And if we can scroll to the last sentence of ---
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Which part?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
That it was rushed?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay.
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
So if we could look at page 4 of 8. Was it ever brought to your attention that in terms of the safety evaluation for adolescents, only 660 adolescents, that's age between 12 to 15, only 660 adolescents that had been followed for 2 months formed the basis of Health Canada's conclusion that this was safe or effective for this particular age group? And were you aware that this is one of the concerns that was being brought by the convoy?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And if we can -- one more document here quickly, JCF000008 -- 187? Were you aware that at least our counterparts in the United States, that when they approved the Pfizer BioNTech vaccine, they stated that they, "...determined that an analysis of spontaneous postmarketing adverse events reported under [...] the FDCA [would] not be sufficient to assess known serious risks of myocarditis and pericarditis and identify an unexpected serious risk of subclinical myocarditis." And that in fact they ordered a battery of tests requiring Pfizer to study adverse effects until at least May 31st of 2027. The question I'm trying to get at -- well, were you aware of that, first of all?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And so my question to you is, if you're exercising leadership within the realm of public safety, and you have the statutory power to establish strategic priorities and exercise powers to initiate, recommend, coordinate, implement, or promote policy programs or projects relating to public safety, was there ever any consideration of initiating a review perhaps to -- of some of these safety concerns? Because I understand that other countries had limited the use of some of these vaccines for under age 18 or under age 30, and that perhaps by exercising some of those powers leading up to the entrenchment of the convoy, or even, you know, as late as ---
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
--- the 13th, did you ever consider ordering or initiating additional tests to satisfy the concerns of some of these protesters?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
And was there any discussion between you and the Minister of Health about perhaps engaging proactively in some of these additional studies to alleviate some concerns of Canadians?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And I understand I’m running out of time here, but just quickly, a couple of ---
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Understood. Could we pull up document WIN00002295. I believe these are text messages between you and Mayor Drew Dilkens. I’d first like to take a look at page four and this question was put to Mayor Dilkens earlier: “With respect to OPP resources...”, I’m just waiting for Mr. Registrar here. Page four, is it your -- it appears that it’s your understanding on February 9th at 7:35 p.m. that Chief Mizuno had not requested any additional police officers from the OPP. Was that your understanding, and if so, where did you attain that understanding?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
But it says “apparently your Police Chief just told”, so I’m -- the question is, where did you ascertain that belief or that understanding?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And lastly, just on page 20 here, the last question here, Mr. Commissioner. So on February 14th at 11:57 a.m. It says that “To the extent you”, so here being Dr. Dilkens: “You can be supportive of any additional authorities that gets Windsor the resources you need to keep the bridge open and people safe; that would be great.” Is it your understanding that Drew Dilkens, Mayor Drew Dilkens invoked the City Wide Emergency before or after this text message?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
So I think on the 14th the City of Windsor declared an emergency by order of the Mayor; correct?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Okay. And last one here; when you reference resources, do these resources include money?
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Antoine D’Ailly, Counsel (DF / CfF / JCCF)
Understood, okay. And I’m out of time so thank you for the indulgence. Those are my questions; thank you.