Darrell Kloeze
Darrell Kloeze spoke 17 times across 1 day of testimony.
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Darrell Kloeze, Counsel (ON)
Commissioner, Darrell Kloeze for the Province of Ontario. I'm not sure of the relevance of this line of questioning.
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Darrell Kloeze, Counsel (ON)
Thank you, Commissioner. My name is Darrell Kloeze. I’m counsel for the Province of Ontario. Good evening, Mr. Di Tommaso. I only have a few questions for you, and honestly these are just for purpose of clarifying the record, given that we’re not a party to this proceeding and we will not be attending at the evidence of the Federal Representatives. The one point I wanted to raise, Mr. Di Tommaso, you were asked questions, both by Commission Counsel and by counsel for Canada, about the tripartite meetings taken at the Ministers level. So these were the meetings that the Solicitor General was invited to. And I think Commission Counsel did put it to you that, at some point, there were calls between Federal Minister Mendocino and the Premier, and the Premier had expressed that he would send the Solicitor General to these meetings, but then later said that he would not send the Solicitor General. Do you remember those questions from the Commission Counsel?
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Darrell Kloeze, Counsel (ON)
Counsel for Canada put a reference to you, a document reference, and I believe it was SSM.CAN.NSC.00002832, and that's the document reference where the -- I think it was the Chief of Staff of the Minister Mendocino confirmed that the Premier said he would have Minister Jones attend. We don't need to bring it up, but I just want to put on the record the second document reference that wasn't put to you by Counsel for Canada, and if we can put that up, SSM.NSC.CAN.00001148. And obviously, Deputy, you weren't at any of these meetings -- you weren't on any of these calls, so you won't have any knowledge about them. I just wanted to put that document up so we can see. And if we can just scroll down a bit, Mike Jones, I understand, is the Chief of Staff for Minister Mendocino. On Wednesday, February 9th in the afternoon, the first paragraph, "My boss spoke with Premier Ford just before today's avail." I understand that to mean press availability. "My boss said [he] needed the province at the table on policing efforts and that the current blockades are harming the economy and costing jobs. Ford responded that he understood." And if we go down to the second paragraph, "Immediately following the media avail, Ford called my boss again to say that he wouldn't be sending Minister Jones to the tripartite conversations..." Again, I understand you weren't part of this -- these calls, but that seems to confirm to me that the Premier is not going to send the Minister.
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Darrell Kloeze, Counsel (ON)
And did you have any discussions with the Minister about either of these conversations?
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Darrell Kloeze, Counsel (ON)
The second point -- actually the second point I think has been covered in other questions. One final point actually I do want to raise with you, and this came up at the very beginning of your evidence today, Commission Counsel asked you about whether the province participated IN injunctions -- injunction hearings. And I think it was agreed that the province did intervene at the request for an injunction in Windsor?
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Darrell Kloeze, Counsel (ON)
And that was on or around the same time as the injunction in Windsor, on or around February 11th?
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Darrell Kloeze, Counsel (ON)
And that injunction -- or that freezing order was made by the Court?
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Darrell Kloeze, Counsel (ON)
There was a question as to whether the province intervened in the injunction brought in Ottawa. I understand there were two injunctions in Ottawa, one by a private citizen, but there was a second injunction, are you aware, by the City of Ottawa?
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Darrell Kloeze, Counsel (ON)
To -- in respect of bylaw enforcement?
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Darrell Kloeze, Counsel (ON)
And are you aware that the province actually did intervene in that injunction as well?
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Darrell Kloeze, Counsel (ON)
And one final matter, you've mentioned a number of times in your evidence, and I just want to make this legislative reference if I can, you've mentioned that under the Federal Emergency Declaration, tow truck drivers were compelled under that order to provide services if requested by police?
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Darrell Kloeze, Counsel (ON)
Under the Provincial Act, the EMCPA, you've said it does not give the province that authority to compel that type of service?
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Darrell Kloeze, Counsel (ON)
Okay. And if we can just turn up the Act, so we can see what it says on that? And we've had the reference before a number of times. I believe it's CCF00000038. Thank you, Mr. Registrar. And if you could turn to page 7? And just turn to the top of the previous -- or the bottom of the previous page. So emergency orders; you see that, sir?
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Darrell Kloeze, Counsel (ON)
"In accordance with subsection (2) [...], the Lieutenant Governor in Council may make orders in respect of the following:" And so these are the types of orders that can be made if an Emergency Declaration is made by the -- either the Premier or the Cabinet?
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Darrell Kloeze, Counsel (ON)
And if you turn to paragraph 12 of that, just down, and is that what you're referring to when you say that there is no ability of the province to compel a service?
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Darrell Kloeze, Counsel (ON)
And it reads, "Authorizing, but not requiring, any person, or [...] class of persons, to render services of a type that that person [...] is reasonably qualified to provide."
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Darrell Kloeze, Counsel (ON)
Thank you, sir. Those are my questions. Thank you, Commissioner.