Bath-Sheba Van den Berg
Bath-Sheba Van den Berg spoke 250 times across 8 days of testimony.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Good morning, Mr. Commissioner, good morning, Superintendent Abrams, and good morning, my friends. My name is Bath-Shéba van den Berg and I am Counsel representing Freedom Corp. and protesters. Thank you for your service, Superintendent and for your forthwith testimony so far. I have a few questions for you this morning. You mentioned yesterday in your testimony that the PLT use a snatch and grab method; correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
So you can confirm that the method of snatch and grab was not used between February 6th and 10th of 2002 -- 2022 rather?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
I want to speak with you about what snatch and grab means. You agree that it means police officers lined up in a horizontal line and in their riot gear; right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
You would agree though that it does involve grabbing protesters; is that correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Thank you. Was this method, to the best of your knowledge, used after the Emergencies Act was invoked?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
You mentioned in your testimony yesterday that you only found out about the creation of the red zone on February 17th; is that correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Is it true that you also found out on the same date of February 17th that there would be 900 officers reporting at 6 a.m. the following morning, Friday morning, February 18th for deployment?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
The -- in the evening of the February 17th ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
--- that you found out that at 6 a.m. the next morning on February 18th that there'd be 900 officers ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
The 17th was a Thursday evening ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
--- that's correct.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
So was it, in your professional opinion, that there was insufficient time to properly brief these 900 police officers prior to them being deployed on the ground?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Was the name of this major operation "Operation Takedown"?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
As per the Ontario Police Services Act Regulation 926, all police officers, including Public Order Unit members, performing active duty shall have an up-to-date Use of Force qualification within the last 12 months; is that correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Would you be able to confirm that all officers including those 900 received those -- had that qualification before they were deployed?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Was your role after the Emergencies Act was invoked ER logistics and planning ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Yeah, was it logistics and planning?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Right.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And you were reporting to Chief Superintendent Carson Pardy; is that correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
You considered him your commander?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Were you involved in the planning phase for the operation, the major operation?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
With regard to the boots on the ground, were PLT supporting POUs?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And yesterday you mentioned that OPP and OPS PLTs had an integration problem and communication's issues; is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And also with the POUs?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Do you agree with me that after the invocation the Emergencies Act that these integration problems, the communications problems continued and did not improve?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Okay. And that, in fact, that the problems worsened after the influx of 900 additional officers on the ground on Friday morning the 18th of February?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Would you agree with me that due to the lack of integration and communication problems, that that would lead to a problem ultimately in decision making throughout the major operations?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And when I mention major operation, I mean after the invocation of the Emergencies Act.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
If it didn’t improve after the invocation of the Emergencies Act, would you agree that it got worse?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And the final phase after this major operation after the indication of the Emergencies Act was called the maintenance phase. Is that correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Do you agree that every officer who draws their firearm in the presence of public and uses weapons or improved weapon other than a firearm on another person or uses physical force on a person that results in an injury to that person requiring medical attention shall complete a use of force report prior to the end of duty?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Well, timelines aside, were any of those use of force reports completed at the major operations after the invocation of the Emergencies Act?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Yesterday you mentioned that you listened and you watched Chief Superintendent -- rather, Superintendent Morris’s testimony yesterday. Is that correct? You mentioned that yesterday in your testimony, that you watched his ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And do you agree with it?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Thank you. Those are all my questions. And thank you again for your service.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Good afternoon, Mr. Commissioner. Good afternoon, Chief Pardy. My name is Bath- Sheba Van den Berg, and I’m counsel representing Freedom Corp and protestors. I have a few questions for you this afternoon.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
I’d like to ask you about the February 9th plan referred to earlier today. It contemplated building a public order unit plan. Is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
That’s right.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Okay.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Was the first operation of that February 9th plan to clear Rideau-Sussex on Thursday, February the 10th at 6:00 a.m.?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Okay. And was it Event Commander Patterson who wanted to deploy POUs as part of executing that plan?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Thank you. And yesterday, Superintendent Abrams testified that the police liaison teams, PLTs, were not involved in the planning process. And he suspected that Event Commander Patterson did not communicate this plan to the PLTs. Is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Were you aware that at the same time as the Integrated Cell Plan, what you called the group, that the PLTs were negotiating a plan with some of the protestors to start moving trucks on February 10th from the Rideau-Sussex intersection?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Was the February 9th plan abandoned because there were not enough POUs?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And that was on February 10th?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Notwithstanding what was ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Ninth.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
We just discussed now on February 10th we learned that the Commissioner Carrique mentioned to you that there was a lack of availability of POU resources. Also, did RCMP Sergeant Tetreault also tell you this, that there was a lack of POU resources?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Are you aware that the RCMP put a freeze for 72 hours from February 10th to 13th on any POU intervention?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Okay. Thank you. Earlier today, the mission statement of the February 13th plan was put to you, and it included a reference to the utmost respect to the individual Charter of Rights and Freedoms. Is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And part of that February 13 plan to contain a main action plan. Is that correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And the mission statement provides strategic direction to operations. Is that correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And that the objective of the main action plan was to de-escalate and negotiate a peaceful resolution and demobilization of the Ottawa truck demonstration. Is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
On February 14th, you continued to work on developing the February 13th plan with a group of POU SMEs. Is that correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
The February 17th plan referred to in your testimony, officially titled “Integrated Public Order Unit Concept of Operations”, is also referred to as POU tactical plan or action plan; correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Right. And the objective of that February 17th action plan was to systematically clear and take down the protests; right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
I put it to you that the mission of the February 17th action plan was to ensure the removal of the protestors in the area of the blockades in relation to the freedom convoy 2022. “This will be achieved by securing, isolating and evacuating persons within the designated blockade zones, to ensure the safe detention and arrests of any participants taken into custody, ensure public and police safety.” You agree that there is no reference to the Charter of Rights and Freedoms in the February 17th action plan?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Thank you. Those are all my questions, and thank you for your 36 years of service.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Good morning, Mr. Commissioner.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Good morning, Inspector Lucas.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
My name is Bath- Sheba Van den Berg, and I am counsel representing Freedom Corp and the protestors. You would agree that there was misinformation on social media being provided by those opposed to the protest; correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
You would agree that there were people in the OPS that supported the protest; correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And that there were quite a few OPS officers who participated in the protest. Is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
You were just asked about your expectations regarding how long the trucks were to stay in Ottawa, in particular, the ones that drove from the west and that would take five days -- that took five days for them to drive from the west to Ottawa. Is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And you expected them to leave after two days being in Ottawa after the five-day drive from the west.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
You said in your examination in-chief that you would not be charging people for broken windows. Is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Could we explain it for the record here for our audience is that you’re not actually talking about broken windows but instead of the broken window theory? Is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Do you mean an actual broken window? Because what you’re just defining right there does sound similar to broken window theory where there’s - --
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
So are you talking about an actual broken window?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
That’s right. So just to be clear, you’re not talking about actual broken windows.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Thank you, Inspector. From February 10th you switched from operation level to tactical level; correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And do you agree that tactical level means managing day-to-day tactical operations?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Last week, Mayor Watson testified that a senior OPS official was assigned to be on the ground on Wellington to coordinate the implementation of the February 12th deal with the truckers. Do you know who was that OPS officer assigned to coordinate the deal on the ground to go on February 14th?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Is it correct that Kelly Cochrane is a coordinator of Emergency Management and Business Continuity for the City of Ottawa?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Do you recall communicating with Kelly Cochrane on February 18th, 2022?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And do you recall Cochrane referring to the arrested protestors as “detainees”?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Do you recall what the weather was like on February 18th, 2022?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
That’s correct.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Would you agree that it was minus 24 with the wind chill or thereabouts?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Would you agree that if one was inadequately dressed and didn’t have those hand warmers and were exposed to the cold element one would be at risk from getting cold injuries such as hypothermia, frost nip or frostbite?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
You’re familiar with the POU tactical plan, which is a sub-plan of the February 17th plan that was referred to earlier today. Is that correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Did you not see any of the plans, then?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
But those plans would have been shared with you, the mission, the objectives ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
--- processes ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
That being said, would you agree that there's nothing that you heard of that was in those operation plans, including the tactical plan, that after police arrested protesters and told them that they were not begin charged that the police were permitted to drive protesters outside of the city core in the dead of winter without access to shelter or transportation or telecommunications?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
On February -- I have one ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Can I ask one final questions, please?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Thank you. On February 18th, do you remember Kelly Cochrane raising the issue to you on how protesters, or as she described detainees, would actually leave after being arrested and transported and you replied, "Well, they will find a way to leave"?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Thank you, Inspector Lucas, and for your service. That's all my questions. And thank you for the additional time, Mr. Commissioner.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Good afternoon, Mr. Commissioner. Good morning -- or good afternoon again, just became the afternoon, Superintendent Bernier, and good afternoon, everyone here and online. My name is Bath-Sheba Van den Berg, and I am representing Freedom Corp. and the protesters. Mr. Commissioner, I have 25 minutes allocated and there was some information that came about from this morning that requires me to ask a few more questions, and therefore, I ask for leave for five additional minutes.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Sounds fair. Thank you, Mr. Commissioner.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Superintendent Bernier, you talked about CBRN Units being chemical, biological, radiological, nuclear. Was that the OPS CBRNE combined with RCMP?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Are you aware that the military unit, which is called Canadian Joint Incident Response Unit is -- which is part of HAMAS COMM (ph) assists RCMP in that capacity?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And so do you agree that this military CBRN Capability Unit may have been used during the protest after the Emergencies Act invocation to assist the RCMP?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
In your testimony yesterday, you mention that when you were assigned to the Service Command Centre on February the 3rd, you noted that there were problem with OPS staffing; is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Okay. And I also understand that OPS COVID-19 vaccine mandates took effect on February 1st; is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
But they took effect around that date; is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
A COVID-19 vaccination mandate, to be clear.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
That anyone in the OPS force that did not take the COVID-19 vaccine would no longer be able to serve in the force ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
--- as effective February 1st?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Yeah.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
That's correct.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Thank you. And that as a result of the mandate coming into effect that OPS lost around 200 members?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Okay. Giving [sic] the staffing and resource issues that have been identified by OPS, did OPS consider waiving the COVID-19 vaccination mandates and allowing unvaccinated OPS officers to return to work?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Can you confirm that prior to Superintendent Patterson's position as Event Commander between February the 6th and 10th, that he was working in the Intelligence Directorate?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
In your testimony, you mentioned that Superintendent Patterson told you on February 7th that he wanted to use Public Order Units, also known as POUs, to clear the Rideau Sussex intersection on February the 9th?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Is what you mentioned yesterday in your examination-in-Chief.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
M'hm. Okay.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Okay. But he did have a conversation with you ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
--- around that time to use POUs. And that he wanted to clear out with POU action the Rideau and Sussex intersection in the same way that he used them on February 6th to effect arrests and seize fuels from protesters in Coventry; is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
That's right. But POUs were used on February 6th; were they not?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
In Coventry.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Okay. Inspector Beaudin testified that the use of POU action at Coventry undermined the PLT's work of negotiation with the protesters; do you agree?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Right.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Would you agree though that POU action would undermine PLT work in negotiations?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Superintendent Abrams testified that Superintendent Patterson spoke to him about wanting to use a snatch and grab method on protesters, and mentioned that that is a method used by OPS and not OPP; is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
It would only ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
It would only be privy to you if you listened to Superintendent Abrams testimony last week.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
If you didn't, then -- but is it a method that OPS used?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Meaning that police officers line up on a horizontal line, or in ranks, in riot gear and they snatch and grab a protester in order to place the protester behind the lines or behind the ranks to effect an arrest.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
That's right. And do those arrest techniques involve the physical maneuvering of snatching or grabbing a person?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Now I want to ask you a few questions on the phased integrated approach, the February 17th plan that you discussed at length already in your examination-in-Chief. Could I ask the Commission to bring up document OPP00001852? And could we go to page 7, please? So here you'll see, Superintendent Bernier, the mission statement, and that it includes a reference to individual Charter of Rights and Freedoms; is that correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And yesterday you mentioned that the mission provides guiding principles and that respect for everyone's Charter is what is with everything you do in operations; correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And that in fact it is critical that everyone understands the mission and objectives and Commander's intent; correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Isn't it true that not all OPS members knew of the objectives of the February 17th plan?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
When you say well in advance, this plan is February the 17th.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Inspector Lucas, who testified yesterday, reported -- and who reported directly to you during the implementation of this plan... He reported -- sorry, that wasn't phrased properly. He reported directly to you, right, Inspector Lucas?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Okay.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Right. And he testified that he only knew of the concept of Operations. So not even the high level or the brass within OPS understood the plan and mission, despite your sticker.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Well, yesterday, Inspector Lucas testified that he actually only knew of the concept of Operations and then not the objections or the mission statement per se of the February 17th plan. And so therefore, wouldn't you agree that not even high-level or the brass within OPS understood the plan and the mission insofar as the objectives?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Okay.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Okay, thank you. Could we scroll down to page 9 of the February 17th plan? And there, you can see that the POU Operational Plan is a separate plan; is that correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Can I please call up OP0000, or rather, OPP00001873? Do you agree that this POU Tactical Operations Plan is a Tactical Operations Plan for the Integrated Public Order Units responding to the protest model, though; right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Okay, thank you. And you agree that you were the overall Event Commander for this operation?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Who was the Critical ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
That's right.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
That's right, with Inspector Springer ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Yeah. And who was the Critical Incident Commander assigned with the POUs on the ground?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
There wasn't one particular?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And who were the three reserve Event Commanders that you mentioned earlier?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
I am going to continue with the questions for the lack of time. But if you can remember a name off the top of your head, one of the names.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Okay, thank you. I would like to take you down to paragraph 34 of the mission statement. And there it states: "To ensure the removal of protesters in the area of the blockades in relation to the 'Freedom Convoy 2022'. This will be achieved by securing, isolating and evacuating persons within the designated blockade zones. To ensure the safe detention and arrest of any participants taken into custody. Ensure public and police safety." This mission statement does not include a reference to respect for individual Charter rights and freedoms, does it?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
That's right, but it is absent from this plan, and this plan would've been used to brief the Tactical Units, is that not right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And was it used to brief the Tactical Units?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
That's right. But this mission statement does miss the words "utmost respect for Charter rights and freedoms"; correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And then further down, at paragraph 37, it states: "Takedown of each location to commence in phases as dictated by the Critical Incident Commander." Takedown of each location in effect means takedown of the protesters; is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Yeah.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And you refer to POUs being used for kinetic action during operations; is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Would you agree that the origins of the word "kinetic" actually means "warfare, and use of lethal force"?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Now, I want to ask you about the arrests. With regards to the arrests and processing plans and the POU Tactical Operational Plans, there is nothing that states that after police arrested protesters and told them that they were not being charged that the police were to drive the protesters outside of the city core, in the dead of winter, the biggest snowstorm in a while, as you described today, without access to shelter or transportation and telecommunications, and leave them in parking lots or other areas; correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Are you aware that that happened?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Well, we will most likely learn later in this Commission that that is not exactly the case of the circumstances, Superintendent Bernier. Were you the one who authorised these movements?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And you know who Tamara Lich, and Chris Barber, and Danny Bulford, and Tom Marazzo are, don't you?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And at no time did any of those four individuals not cooperate with the OPS.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Supt. Abrams testified that irrespective of the February 17th plan, that there remained integration issues between various police forces. Do you agree?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
That irrespective of the February 17th plan, that there remained communications and integration problems?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
That’s right. I’d actually ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
--- like to pick up on that, because I understand that you’ve gained the Bronze and Silver Certification in Major Civil Disorder Management in the United Kingdom and you’ve also trained with the RCMP and OPP. And you’re just now mentioning that every force uses a different structure. So is it true that every police force across the country has a different set of 10 codes?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And there’s also a different set of codes for major civil disorder management?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Communication codes ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
--- in managing a major incident.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
I’m referring to your training in the United Kingdom.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
A different set of codes or ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Yes. For communicating.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Okay. I note also that the February 17th plan does not include any reference to communications. Is that correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
The February 17th overall master plan.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Well I put it to you that the only reference to communications is that at the stabilization phase, the first phase, there would be a provision of integrated training and communications interoperability? Is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Within the master plan?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
You’re talking about the command?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Using agreed set codes?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
I’d like to move on to asking you some questions with regards to the POU tactical operational plan. So I’d like to pull up OPP00001873. At paragraph 7: “…the […] Rules of Engagement Decision Matrix [there] supersede[d] [all other police forces’] policies and SOPs.” Is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Could we call up Document OPS00012550? Let’s scroll down to page 2. You state that: “…all police officer[s] (including [POUs]) [must] […] have an up to date Use of Force qualification within the last 12 months.” Is that correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And Supt. Abrams testified that a decision was made that this requirement would be suspended for the purpose of getting boots on the ground on February 18th, and so that some officers would be beyond their qualification period of maybe over a year? Is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
M’hm.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
But it did ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
--- happen; right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Next, it reads that: “Every officer who draws their firearm in the presence of the public; […]; use of any weapon, or improvised weapon other than a firearm on another person; or use [of] physical force on a person that results in an injury to that person requiring [-- requires] medical attention shall complete a Use of Force Report…” Is that correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And do you know how many Use of Force Reports were recorded after the tactical phase?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Did you not receive an email on February 20 that only four Use of Force Reports were recorded and that number of arrest sheets didn’t indicate yes or no for use of force?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Not at this time, but I can assure you that it was sent to you on February 20th. I would like to call up document HRF00001559. In the far left, would you agree that the person in green is carrying what looks like a 5.56mm calibre carbine rifle with 30-round magazine capacity?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
It’s taken February during the protests between the 18th and 20th.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Just having a look at the person on the far left, identifying that it appears to be that they are carrying a 5.56mm calibre carbine rifle with 30- round magazine?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Okay. And next to him is a person in green carrying a 40mm multi launcher?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
The person in blue is carrying a wooden dowel style baton?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And the person on the right, in green, looks to be carrying a .300 calibre carbine rifle with 30-round magazine capacity?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And would you agree at a first glance that these persons in green appear military- like?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
I’d now like to call up video HRF00001560. And I’m going to just warn that there’s distressing images. I’d like to pause at 0.29. (VIDEO PLAYBACK) All right. So do you agree that the OPS officer in this video in the back behind the ranks, the line, is using what is actually the muzzle and not the butt of what looks like a 40mm chemical munition launch to beat a protestor with?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
But you can see that there is a police officer in the back beating a protestor with a rifle?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Can we continue playing the video, please? (VIDEO PLAYBACK) Now, I just have three further questions, Mr. Commissioner, and thank you for the time. This is going back before the invocation of the Act regarding the deal, and we’re talking about February 14th. So you knew that the protestors’ organizers had established base camps at farms outside of Ottawa that could accommodate a large number of trucks? Is that right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Sorry.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
So in ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Too fast?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
In February, you were aware that there were base camps at farms outside of Ottawa that could accommodate the number of trucks.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Prior to the invocation of the Act.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And that on February 14th, approximately 100 trucks and protest vehicles left the downtown under the Mayor’s deal, and only 23 trucks moved up to Wellington, and then the remainder left Ottawa, right?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
February 14th.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Right. But there was some. And this is my final question is, is but for the lack of OPS cooperation implementing that deal, and obstruction of movement of vehicles out of the downtown residential areas at the rate-- at the rate that the truckers were actually moving and vehicles moving outside on February 14th, most of the downtown but for Wellington would have been cleared by Wednesday, February 16th; correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Some of them did move, though, you did say that, on February 14th, and would they have had a bit more time they ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
--- would have fully cleared out the areas, ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
--- but for Wellington. Thank you. Thank you for your service, Supt. Bernier. And thank you, Mr. Commissioner, for the additional time; I appreciate it.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Good afternoon, Mr. Commissioner. Bath-Shéba Van den Berg for Freedom Corp. and the protestors. We have no questions for Mr. Marazzo. Thank you.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Good evening, Mr. Commissioner. Bath-Sheba Van den Berg, counsel for Freedom Corp and protesters. We have no questions for Mr. King. Thank you.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Good afternoon, Mr. Commissioner. Good afternoon, Chris and Maggie. My name is Bath-Sheba Van den Berg, and I’m counsel representing Freedom Corp and the protestors. I’d like to start by asking you, Chris, a few questions about what happened to you on that Friday, February the 18th, 2022. I understand that you were wearing your medals when you were arrested. Is that correct?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And did they get damaged when you were arrested?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Could I call up HRF00001566?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Yes, Mr. Commissioner. I can confirm to my friend that I’m going to refer to a video that was presented in the document list by the Commission. And it is a video of the arrest of Chris Deering.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
No, it was produced a while ago, my friend, and it was produced as part of the list by the Commission.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Thank you. Mr. Cler, the numbers again for this video are HRF -- thank you. (AUDIO/VIDEO PLAYBACK)
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
We can pause the video. Thank you. Chris, can you confirm that that is you that’s being thrown to the ground and beaten by the police?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Can you confirm that’s you, Chris?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Can you confirm that is you in the video?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Thank you. Now I’d like to ask you, Maggie, a few questions about what happened to you on Saturday, February the 19th, 2022. And I’d like to bring up a document -- now, this is a video that I did disclose yesterday and it’s a video of the -- rather, is a photo. It’s a photo of when Maggie was kneeling in front of the police.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
That’s all it is, Mr. Commissioner.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And the number -- the number for that photo is HRF00001612. Just confirming to the right in the green jacket, that’s you kneeling?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Thank you.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Okay. Now, I’d like to call up a video, and this is a video of the arrest of Maggie. And she spoke about it and I think it is important, Mr. Commissioner, that everyone here sees it. It’s simply a video of what she already described and put into evidence.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
That’s correct. And it’s also a video that was available to the public at large via the newspapers.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Yes, Mr. Commissioner, that’s correct, is I did only have notice of it yesterday and I tried my very best to share it with everyone as soon as possible.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Thank you, Mr. Commissioner. The numbers for this video are HRF00001614. And Mr. Clerk, I’m going to ask you to pause at two seconds, so to play the video and then pause at two seconds. (AUDIO/VIDEO PLAYBACK)
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Thank you. Maggie, can you confirm that that is you in the green jacket and the blue toque?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Thank you. Do you agree that the meaning -- because I’m going to go into -- we’re going to -- actually, just let’s continue playing the video. (AUDIO/VIDEO PLAYBACK)
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Right. Do you agree that that appears to be a snatch-and-grab method -- snatch-and-grab meaning ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
--- snatching grabbing ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
I would like to call up another video, unless I’m going to get objected to and lose another minute of my time. It’s a video of Maggie being arrested.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Okay.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
I did want to ask a question for the both of you, just to confirm that after you were arrested, that you were driven outside the Ottawa City core and told by the police that you ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
We you were driven outside of the ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Sorry.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Chris, ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
--- can you tell us what proceeded after you were arrested?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
And Mr. Commissioner ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Thank you. I was just going to ask if the same thing had happened to Maggie, just to confirm.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Thank you.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Thank you.
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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.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Good evening, Mr. Commission. Bath-Shéba Van den Berg, counsel for Freedom Corp and protestors. We have no questions for Mr. Van Huigenbos. Thank you.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Mr. Commissioner, I do have a -- this is Bath-Sheba Van den Berg, counsel for Freedom Corp. I do have a number that I can give to the Clerk, if I may?
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
The code for the Raj tweet is HRF00001621.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Yes, Commissioner.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
From my understanding, my -- Mr. Miller would like to first put up a -- the -- a tweet of Ariel Troster that shows the image of the licence ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
--- and then the -- -
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
So we'll call up the number HRF -- so POE.HRF.00000021.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Yes, Mr. Commissioner. The reference is POE.HRF.00000029.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Mr. Commissioner, it's Bath-Sheba Van den Berg ---
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
--- co-counsel for Freedom Corp and Protesters.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
There's been an unredacted document shared to the parties by counsel for Government of Canada at 4:00 p.m. pursuant to your decision earlier today. It's the document SSM.CAN.00007721. We advise that the Commission counsel should look at it, as it is relevant and material to this witness, in particular, Jody Thomas, the National Security and Intelligence Advisor states in that document that there is no national security threat pursuant to section 2 of the CSIS Act.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Mr. Commissioner -- -
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
The ID number is SSM.CAN.00007721.
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Bath-Sheba Van den Berg, Counsel (Freedom Corp / Convoy Organizers)
Good evening, Mr. Commissioner. Bath-Shéba Van den Berg, co-counsel for Freedom Corp and Protesters. We have no questions for Minister LeBlanc. However, we would like to give five minutes of our time to the City of Windsor and 10 minutes to Justice Centre and Democracy Fund. Thank you.