Jeffrey Leon
Jeffrey Leon spoke 884 times across 7 days of testimony.
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Jeffrey Leon, Co-lead Counsel (POEC)
Good morning. My name's Jeff Leon, and I am a co-lead Counsel of the Commissioner. Commissioner, I have the pleasant task of introducing by name to those assembled and those watching online our Commission Counsel. These Counsel are the lawyers who are justly credited for the exceptional work that you and others have mentioned. Their professional biographies are available on the Commission's website for review. But first let me introduce our senior Counsel, who are responsible for the different aspects of dossiers of our investigation that you have just heard about. Senior Counsel will lead much of the evidence over the coming weeks. So the Senior Counsel of the Commission are Frank Au; Erin Dann, who regrettably can't join us for the hearings; Gabriel Poliquin; Natalia Rodriguez; and Daniel Sheppard. We have also had the valued assistance of three regional Counsel from across Canada. They are Mona Duckett, QC from Alberta, Sacha Paul from Manitoba, and Maia Tsurumi from British Columbia. And we have a group of, if I may say, most talented and dedicated Counsel, who came together from several Canadian provinces, and who have assisted with the investigation and with preparing for these hearings. Their effort has been nothing short of extraordinary. They are the engines that have driven our investigation. First, in addition to the work they have done on the investigation and in hearing preparation, I want to introduce Eric Brousseau and John Mather, who assumed the legal operations function of the Commission that has enabled this facility and our process and procedures to result in a fully functional space and our being ready for the commencement of these hearings. The other Counsel, who as mentioned have been a key part of our investigation, are Stephen Armstrong, Misha Boutilier, Sajeda Hedaraly, Alexandra Heine, Nusra Khan, Étienne Lacombe, Allison McMahon, Jean-Simon Schoenholz, Dhalia Shuhaibar, and Guillaume Sirois-Gingras. Mr. Commissioner, if I may say, it has been an honour to work with these talented Counsel. Thank you.
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Jeffrey Leon, Co-lead Counsel (POEC)
Thank you, Commissioner. The next presentation will be made by Commission Counsel, Stephen Armstrong, who will present into evidence a second overview report entitled Early Protests, Activities, and Legal Challenges Relating to Public Health Measures.
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Jeffrey Leon, Co-lead Counsel (POEC)
Yes, Commissioner, as you note, the next two reports will not be marked as evidence, but they will be presented by Commission Counsel Étienne Lacombe to give context for some of the evidence that will follow. Those reports will deal with a primer on the Emergencies Act and a review of the Section 58 explanation provided by the Government in relation to the Emergencies Act.
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Jeffrey Leon, Co-lead Counsel (POEC)
Well, they could be marked as lettered exhibits and in that term, or it could just be placed on the website. I think the best process would be to place them on the website and people can access them in that way.
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Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
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Jeffrey Leon, Co-lead Counsel (POEC)
Objection. What's the relevance of this line of questioning, Commissioner?
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Jeffrey Leon, Co-lead Counsel (POEC)
I’m sorry.
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Jeffrey Leon, Co-lead Counsel (POEC)
The next witness is Ms. Brigitte Belton, who is here with her legal representative, Ms. Jane Scharf, who I understand wants to address you.
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Jeffrey Leon, Co-lead Counsel (POEC)
Thank you for being here, Ms. Belton. Let me just by way of introduction -- and I think you understand this -- but I just want to make sure that the -- you understand the way the process works -- I have, as you know, an hour and 15 minutes to ask you questions. As the Commissioner stated, he's going to be flexible with that. Then the other lawyers here have the same amount of time to ask you questions, that’s all the lawyers together, not each one of them, or we'd be here for a long time. And then as you've heard, your legal representative will then be able to ask you questions. My objective is to ask you questions so that you can tell your story about the Freedom Convoy and the role you played in it. If I miss anything, I hope to give you the opportunity to say so, and we'll try and deal with all of the points that you have. If you don’t understand anything that I ask you, don’t hesitate to ask me and to clarify it. And if I can just start by asking you, the documents that you have in front of you, are those the documents that you provided to the Commission (audio skip)?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay.
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Jeffrey Leon, Co-lead Counsel (POEC)
So can we start off with you telling the Commission a bit about your background? Were you born in Ontario?
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Jeffrey Leon, Co-lead Counsel (POEC)
And where do you live now?
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Jeffrey Leon, Co-lead Counsel (POEC)
And is that close to Sault Ste. Marie? Have I got the geography right?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And just in terms of the year, when did you start working as a truck driver?
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Jeffrey Leon, Co-lead Counsel (POEC)
December 19 of what year?
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Jeffrey Leon, Co-lead Counsel (POEC)
Thank you.
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Jeffrey Leon, Co-lead Counsel (POEC)
I see. And after -- at some point, did you start driving as an independent?
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Jeffrey Leon, Co-lead Counsel (POEC)
Now, let's come to November 16, 2021. I take it you were driving into Canada from the United States with a load on on that day?
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Jeffrey Leon, Co-lead Counsel (POEC)
And you had, I think, what you have described as an extremely unpleasant interaction with a border officer, Canadian border officer, correct?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And immediately after that encounter, you posted a TikTok video about your experience; is that ---
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay, can we move, then -- and I’d like show to show the video, if that’s okay. It’s COM00000589.
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Jeffrey Leon, Co-lead Counsel (POEC)
Let me -- while we’re getting the video loaded -- at that point, were you an active user of TikTok?
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Jeffrey Leon, Co-lead Counsel (POEC)
Well, you know more about it than I do, so. And then were you -- so you were on other social media like Facebook as well?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay, well, let’s watch the video then.
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Jeffrey Leon, Co-lead Counsel (POEC)
Oh, I’m sorry, COM00000589. (VIDEO PLAYBACK)
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Jeffrey Leon, Co-lead Counsel (POEC)
Now, could you tell the Commissioner what impact this incident had on you going forward?
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Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. And if we can move forward, it was later that week that the Canadian Government announced that a vaccine mandate would be introduced effective January 15 for people coming over the border, including commercial truckers; I’m sure you recall that?
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Jeffrey Leon, Co-lead Counsel (POEC)
And what did that mean for your ability to work as a trucker?
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Jeffrey Leon, Co-lead Counsel (POEC)
And -- sorry.
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Jeffrey Leon, Co-lead Counsel (POEC)
And I take it that shortly after that, you came up with an idea for a convoy, a protest convoy; is that right?
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Jeffrey Leon, Co-lead Counsel (POEC)
So what was your idea?
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Jeffrey Leon, Co-lead Counsel (POEC)
And am I right that it was shortly after that that you came into contact with Chris Barber?
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Jeffrey Leon, Co-lead Counsel (POEC)
And did you ultimately get in touch with Mr. Barber?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. Now I'd like to show you what I believe to be a copy of that flyer. The document number is COM00000869. And I take it you posted this on your Tik Tok in early January?
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Jeffrey Leon, Co-lead Counsel (POEC)
Join a convoy to end mandates. It says please contact Kathy. Who is Kathy?
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Jeffrey Leon, Co-lead Counsel (POEC)
So at this point, had you already started to identify organizers and road captains?
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Jeffrey Leon, Co-lead Counsel (POEC)
And it says at the bottom, "January 23rd we slow roll..." I think it's ---
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Jeffrey Leon, Co-lead Counsel (POEC)
"...every province until mandates stop."
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Jeffrey Leon, Co-lead Counsel (POEC)
So what was your plan?
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Jeffrey Leon, Co-lead Counsel (POEC)
And the -- you said that it all happened very fast. What were the things that you and Mr. Barber were doing to make it happen?
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Jeffrey Leon, Co-lead Counsel (POEC)
And I take -- I understand that, at some point, your original plan shifted to a convoy of trucks to Ottawa; is that right?
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Jeffrey Leon, Co-lead Counsel (POEC)
And so had you known Mr. Bauder before?
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Jeffrey Leon, Co-lead Counsel (POEC)
And did he tell you about a prior convoy that he had organized?
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Jeffrey Leon, Co-lead Counsel (POEC)
And did you know anything about his social media presence at that point?
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Jeffrey Leon, Co-lead Counsel (POEC)
And is he a trucker himself?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. Now at some point, you also got together with Pat King?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. How did ---
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Jeffrey Leon, Co-lead Counsel (POEC)
Who arranged that?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And that was in early January?
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Jeffrey Leon, Co-lead Counsel (POEC)
And then the next night you were part of a Facebook Live streamed event that Mr. King hosted?
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Jeffrey Leon, Co-lead Counsel (POEC)
And you were there, Mr. Bauder, Mr. Barber, and there were a few others as well.
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Jeffrey Leon, Co-lead Counsel (POEC)
And what did you talk about as a group? What was the discussion like?
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Jeffrey Leon, Co-lead Counsel (POEC)
And Joe, do you recall his last name?
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Jeffrey Leon, Co-lead Counsel (POEC)
And Dale?
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Jeffrey Leon, Co-lead Counsel (POEC)
And so at this point in time, what stage was the plan at? Was it ---
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Jeffrey Leon, Co-lead Counsel (POEC)
And I take it at that point you hadn't reviewed either Mr. Bauder's or Mr. King's past social media posts?
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Jeffrey Leon, Co-lead Counsel (POEC)
And had you did you do that subsequently?
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Jeffrey Leon, Co-lead Counsel (POEC)
Now, at this Facebook Live event it was reported that 3,000 people tuned in. Did you -- were you familiar with that number?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And I understand that towards the outset of the -- this meeting, Mr. King introduced you as one of the organisers who was handling the Ontario section. Was that right?
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Jeffrey Leon, Co-lead Counsel (POEC)
And by that point in time, we saw that I think you already had your departure date set as January 23rd for your convoy?
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Jeffrey Leon, Co-lead Counsel (POEC)
And had you planned your route?
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Jeffrey Leon, Co-lead Counsel (POEC)
Yes. And in the same Facebook Live presentation, I understand that Mr. Bauder discussed Operation Bear Hug. Were you familiar with that?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. Have you ever been involved in the Canada Unity organisation?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay.
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Jeffrey Leon, Co-lead Counsel (POEC)
And you've already told us about your signing the MOU without reading it. In that same Facebook Live meeting, do you recall Mr. Bauder discussing his MOU?
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Jeffrey Leon, Co-lead Counsel (POEC)
And do you recall that Mr. King, in the course of the meeting, thanked you and gave you and Mr. Barber credit for lighting the spark to make this happen?
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Jeffrey Leon, Co-lead Counsel (POEC)
Now, at this point in time, what did you understand from your point of view the purpose or the goal of the Freedom Convoy?
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Jeffrey Leon, Co-lead Counsel (POEC)
And did you have a vision at this point as to what would happen when you arrived in Ottawa?
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Jeffrey Leon, Co-lead Counsel (POEC)
And at some point, I understand you met Tamara Lich?
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Jeffrey Leon, Co-lead Counsel (POEC)
Was it around that time or before?
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Jeffrey Leon, Co-lead Counsel (POEC)
Around the time of the Facebook Live presentation.
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And the people that I named, that is, you, Mr. Barber, Mr. King, Ms. Lich, Mr. Bauder, did you regard them as the leadership group of this effort?
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Jeffrey Leon, Co-lead Counsel (POEC)
Who did you regard as the leadership group?
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Jeffrey Leon, Co-lead Counsel (POEC)
And -- so -- well, you've told us about your role in southern Ontario. Were you doing publicity as well?
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Jeffrey Leon, Co-lead Counsel (POEC)
And was there a sign-up procedure?
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Jeffrey Leon, Co-lead Counsel (POEC)
And Mr. Barber was responsible for the western convoy. Is that ---
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Jeffrey Leon, Co-lead Counsel (POEC)
And what were Mr. Bauder's responsibilities?
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Jeffrey Leon, Co-lead Counsel (POEC)
And am I correct that he already had a number of maps and routes from his prior convoy to Ottawa?
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Jeffrey Leon, Co-lead Counsel (POEC)
Was there anybody else involved in the -- this organising process that we haven't talked about?
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Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
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Jeffrey Leon, Co-lead Counsel (POEC)
And did you have road captains?
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Jeffrey Leon, Co-lead Counsel (POEC)
And how did you make sure everybody understood that idea?
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Jeffrey Leon, Co-lead Counsel (POEC)
So if we can move forward then to the date when you departed from -- with your convoy.
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Jeffrey Leon, Co-lead Counsel (POEC)
Is there anything else you want to say about what happened before?
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Jeffrey Leon, Co-lead Counsel (POEC)
No, I just want to make sure you -- I didn’t miss anything.
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Jeffrey Leon, Co-lead Counsel (POEC)
At that point, how many trucks were in your convoy?
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Jeffrey Leon, Co-lead Counsel (POEC)
So you had planned to have other stops along the way where other trucks joined you or the convoy?
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Jeffrey Leon, Co-lead Counsel (POEC)
Now, I am coming to this, but if I can just have the clerk turn up COM00000871? But before you start that, I have a couple of questions. What was the route that you followed to Ottawa?
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Jeffrey Leon, Co-lead Counsel (POEC)
What was the route that you followed to Ottawa, just in general?
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Jeffrey Leon, Co-lead Counsel (POEC)
And how long were you blocked in there for?
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Jeffrey Leon, Co-lead Counsel (POEC)
So is that location where your convoy stayed for the ---
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Jeffrey Leon, Co-lead Counsel (POEC)
--- duration?
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Jeffrey Leon, Co-lead Counsel (POEC)
I was going to ask you, did you have ongoing contact with the OPP or the Ottawa Police Service along the way?
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Jeffrey Leon, Co-lead Counsel (POEC)
Your understanding, though, is that there was contact with the police along the way?
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Jeffrey Leon, Co-lead Counsel (POEC)
And did they -- is it your understanding that they directed you where to go when you arrived, as you've described?
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Jeffrey Leon, Co-lead Counsel (POEC)
Now, if we can take a step back, you did another TikTok video --- (VIDEO PLAYBACK)
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Jeffrey Leon, Co-lead Counsel (POEC)
Well, let me bring it up and you can see it and we'll -- it's COM00000871. (VIDEO PLAYBACK)
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Jeffrey Leon, Co-lead Counsel (POEC)
Now, we see in ---
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Jeffrey Leon, Co-lead Counsel (POEC)
Sorry?
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Jeffrey Leon, Co-lead Counsel (POEC)
No. Now, in that video we saw people along the sides of the road, on the overpasses. Can you just describe what you were experiencing along the way?
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Jeffrey Leon, Co-lead Counsel (POEC)
And before you arrived in Ottawa, did you have a plan as to where you were going to go, or was your plan just to follow the directions that you received?
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Jeffrey Leon, Co-lead Counsel (POEC)
And so you say -- told the Commissioner that you had a -- you were in your pickup truck; you got out of that line; where did you go?
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Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
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Jeffrey Leon, Co-lead Counsel (POEC)
And what did you do then?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. At some point, did you come back into Ottawa?
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Jeffrey Leon, Co-lead Counsel (POEC)
M’hm. And so you came back on the 29th; is that ---
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Jeffrey Leon, Co-lead Counsel (POEC)
Do you know -- to use what streets, do you know?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And where did you -- and this was the Western Convoy, was it, that you were guiding in?
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Jeffrey Leon, Co-lead Counsel (POEC)
And where did you end up?
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Jeffrey Leon, Co-lead Counsel (POEC)
And at some point, did you make your way into Ottawa?
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Jeffrey Leon, Co-lead Counsel (POEC)
And had you anticipated that vehicles would be parked on Wellington itself?
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Jeffrey Leon, Co-lead Counsel (POEC)
And at some point, did you become aware that trucks had been -- were located in residential areas off of Wellington?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And ---
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Jeffrey Leon, Co-lead Counsel (POEC)
And what did you do during the weeks you were in Ottawa, and just in very general terms; how did you occupy yourself?
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Jeffrey Leon, Co-lead Counsel (POEC)
And can you give me some examples of where you were needed?
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Jeffrey Leon, Co-lead Counsel (POEC)
How did that person get your phone number; do you know?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And I’m going to -- if you can turn up, Mr. Register, COM00000870. It’s another one of your TikTok videos. But while that’s happening, what were you seeing in Ottawa on Wellington St.?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay, can we play that video? (VIDEO PLAYBACK)
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Jeffrey Leon, Co-lead Counsel (POEC)
What led you to make that TikTok video?
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Jeffrey Leon, Co-lead Counsel (POEC)
And if you can bring up, please -- it’s another video -- COM00000872. Did you -- while you were -- we’re doing that -- while you were in Ottawa, did you see -- you’ve described the -- how you felt about the conduct there but did you see any conduct that was -- you felt was inappropriate and caused you concern?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. Can we play that video, then? (VIDEO PLAYBACK)
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Jeffrey Leon, Co-lead Counsel (POEC)
And where was that taken?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay.
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Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. Now if I can just shift gears here for a minute? I guess that's not the appropriate expression to use for someone who drives a truck, but I ---
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Jeffrey Leon, Co-lead Counsel (POEC)
At some point, you learned of -- did you learn about protests in Windsor and Sarnia?
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Jeffrey Leon, Co-lead Counsel (POEC)
How did you learn?
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Jeffrey Leon, Co-lead Counsel (POEC)
Did you speak to anybody who was involved?
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Jeffrey Leon, Co-lead Counsel (POEC)
Who did you speak to?
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Jeffrey Leon, Co-lead Counsel (POEC)
And who was -- who called you from ADT?
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Jeffrey Leon, Co-lead Counsel (POEC)
And any other contact with anyone involved in the -- what was going on in Windsor or Sarnia?
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Jeffrey Leon, Co-lead Counsel (POEC)
Yeah.
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Jeffrey Leon, Co-lead Counsel (POEC)
And we've heard about other protests at borders in other places in Canada. Did you have any contact with anyone who was involved in those protests?
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Jeffrey Leon, Co-lead Counsel (POEC)
Now coming back to your time in Ottawa, did you maintain contact with James Bauder?
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Jeffrey Leon, Co-lead Counsel (POEC)
Coming back when you were in Ottawa, did you maintain contact with James Bauder?
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Jeffrey Leon, Co-lead Counsel (POEC)
Oh, sorry. I'm just coming back in my questions to your time in Ottawa. Did you maintain contact with James Bauder?
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Jeffrey Leon, Co-lead Counsel (POEC)
And can you -- do you -- did you have any idea about how large his group of protesters were?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. Did you have any conflicts or concerns with him?
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Jeffrey Leon, Co-lead Counsel (POEC)
Anything of significance?
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Jeffrey Leon, Co-lead Counsel (POEC)
Did you understand that there were concerns being expressed about his memorandum of understanding?
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Jeffrey Leon, Co-lead Counsel (POEC)
And what was -- did you have any reaction to the concerns about his memorandum of understanding?
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Jeffrey Leon, Co-lead Counsel (POEC)
And did you have any ongoing contact with Pat King while you were in Ottawa?
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Jeffrey Leon, Co-lead Counsel (POEC)
Anything else?
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Jeffrey Leon, Co-lead Counsel (POEC)
And were you aware of that there were some criticisms of things he was doing in Ottawa?
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Jeffrey Leon, Co-lead Counsel (POEC)
Did you have any concerns about what he was doing in Ottawa?
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Jeffrey Leon, Co-lead Counsel (POEC)
Now I understand that, at some point, you and some of the others that you dealt with at the beginning when you were organizing the convoy had a disagreement. Is that a fair way to put it?
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Jeffrey Leon, Co-lead Counsel (POEC)
At some point did you break away from the leadership group or anything like that while you were in Ottawa?
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Jeffrey Leon, Co-lead Counsel (POEC)
And we heard evidence this morning that Mr. -- sorry, let me rephrase that. Were you involved in distributing envelopes of cash to people in Ottawa?
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Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
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Jeffrey Leon, Co-lead Counsel (POEC)
Did you have any involvement in putting them together or anything like that?
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Jeffrey Leon, Co-lead Counsel (POEC)
And the group at the Sheraton, who was that?
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Jeffrey Leon, Co-lead Counsel (POEC)
And I'm sorry, I missed what you said. Who suggested $2,000?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And did -- what happened with that? Did anything come of that?
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Jeffrey Leon, Co-lead Counsel (POEC)
And in terms of your relations with the group at the Sheraton?
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Jeffrey Leon, Co-lead Counsel (POEC)
Now on February 12th, 2022, you are aware that -- or at least you're now aware that an agreement was reached with the Mayor of Ottawa to move trucks onto Wellington?
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Jeffrey Leon, Co-lead Counsel (POEC)
Did you know or hear about such an agreement?
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Jeffrey Leon, Co-lead Counsel (POEC)
And who did you hear that from?
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Jeffrey Leon, Co-lead Counsel (POEC)
And did you discuss it with anyone to find out whether it was valid or not?
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Jeffrey Leon, Co-lead Counsel (POEC)
If I can ask you to bring up COM00000868? And I understand this to be a Tik Tok you posted on February 13, 2022. (VIDEO PLAYBACK)
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Jeffrey Leon, Co-lead Counsel (POEC)
So that was the -- a copy of the agreement?
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Jeffrey Leon, Co-lead Counsel (POEC)
Or a notice of the agreement, I'm sorry.
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Jeffrey Leon, Co-lead Counsel (POEC)
And why did you put it as fake news?
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Jeffrey Leon, Co-lead Counsel (POEC)
And did you check with anybody one way or another? How did you come by that belief?
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Jeffrey Leon, Co-lead Counsel (POEC)
And at some point in time, you left Ottawa?
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Jeffrey Leon, Co-lead Counsel (POEC)
Well, let's deal with both. At some point, did you leave the Ottawa red zone?
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Jeffrey Leon, Co-lead Counsel (POEC)
And where did you go?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And why did you leave on that day?
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Jeffrey Leon, Co-lead Counsel (POEC)
And were you arrested at any time?
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Jeffrey Leon, Co-lead Counsel (POEC)
For how -- well, how -- tell me about that. What happened?
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Jeffrey Leon, Co-lead Counsel (POEC)
And so what happened after that?
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Jeffrey Leon, Co-lead Counsel (POEC)
And what did you do?
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Jeffrey Leon, Co-lead Counsel (POEC)
And so this was while you were still in the Ottawa area?
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Jeffrey Leon, Co-lead Counsel (POEC)
And at some point were your accounts unfrozen?
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Jeffrey Leon, Co-lead Counsel (POEC)
And when was that?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And when did you leave Ottawa to come back home?
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Jeffrey Leon, Co-lead Counsel (POEC)
I'm sorry?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And is there anything else you want to tell the Commissioner about what happened while you were in Ottawa?
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Jeffrey Leon, Co-lead Counsel (POEC)
And ---
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Jeffrey Leon, Co-lead Counsel (POEC)
Thank you for answering my questions. (APPLAUSE)
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Jeffrey Leon, Co-lead Counsel (POEC)
Good morning, Commissioner.
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Jeffrey Leon, Co-lead Counsel (POEC)
Jeffrey Leon, co-lead, Commission counsel. The next witness will be Keith Wilson.
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Jeffrey Leon, Co-lead Counsel (POEC)
Good morning, Mr. Wilson.
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Jeffrey Leon, Co-lead Counsel (POEC)
I’d like to begin by getting some information on your background. I understand you’re from Edmonton, Alberta?
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Jeffrey Leon, Co-lead Counsel (POEC)
You and I did it the opposite ways. And do you practice law in Edmonton?
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Jeffrey Leon, Co-lead Counsel (POEC)
For how long?
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Jeffrey Leon, Co-lead Counsel (POEC)
And you’re a King’s Counsel?
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Jeffrey Leon, Co-lead Counsel (POEC)
And can you describe for the Commission the nature of your practice?
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Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. And have you -- I take it you’ve appeared before all levels of Alberta Courts and many regulatory tribunals?
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Jeffrey Leon, Co-lead Counsel (POEC)
And can I ask the clerk to bring up WTS00000058? You attended an interview with me and my colleagues on October 20, 2022?
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Jeffrey Leon, Co-lead Counsel (POEC)
And you were provided with a draft summary that was prepared by Commission counsel?
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Jeffrey Leon, Co-lead Counsel (POEC)
And you had an opportunity to review that summary, comment on it, and then you were provided with an amended version which you also reviewed?
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Jeffrey Leon, Co-lead Counsel (POEC)
And I’m showing you on the screen what we’ve -- an interview summary; do you recognize this as your interview summary?
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Jeffrey Leon, Co-lead Counsel (POEC)
And do you have any changes or corrections you want to make this morning?
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Jeffrey Leon, Co-lead Counsel (POEC)
Thank you.
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Jeffrey Leon, Co-lead Counsel (POEC)
And I’ll be referring to your interview summary from time to time but if at any time you need to refer to it, you just let me know and we can bring it up.
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Jeffrey Leon, Co-lead Counsel (POEC)
Now, I’d like to ask you some questions about how you became involved with the Freedom Convoy. I understand that you were contacted by the Justice Centre for Constitutional Freedoms on February 1, 2022.
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Jeffrey Leon, Co-lead Counsel (POEC)
And a that time, you were acting on another matter through the JCCF?
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Jeffrey Leon, Co-lead Counsel (POEC)
And what was that retainer?
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Jeffrey Leon, Co-lead Counsel (POEC)
And that case is still going on?
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Jeffrey Leon, Co-lead Counsel (POEC)
When was that?
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Jeffrey Leon, Co-lead Counsel (POEC)
You were able to clear your schedule that quickly?
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Jeffrey Leon, Co-lead Counsel (POEC)
Now, you say there was a team of four lawyers, I believe, in you statement?
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Jeffrey Leon, Co-lead Counsel (POEC)
And who was on that team?
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Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
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Jeffrey Leon, Co-lead Counsel (POEC)
And had you been following the news about what was happening in Ottawa?
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Jeffrey Leon, Co-lead Counsel (POEC)
And on a personal level, did you have a view of what was happening in Ottawa?
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Jeffrey Leon, Co-lead Counsel (POEC)
And at that point in time, what did you understand your retainer to be?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. So the next day, February 2nd, you went to Ottawa, and I understand that you went on a private aircraft?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Now, at the time, did you consider or did you wonder, given the nature of your retainer, why you were being flown on a private aircraft?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And did you know at the time who was paying for the aircraft?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And do you know who ultimately paid for the charter?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. Now, you heard yesterday Ms. Belton's evidence about a conversation she had with you regarding disclosure of this flight?
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Jeffrey Leon, Co-lead Counsel (POEC)
Information about this flight?
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Jeffrey Leon, Co-lead Counsel (POEC)
I believe she said you -- she was told not to say anything about it?
-
Jeffrey Leon, Co-lead Counsel (POEC)
What do you have to say about that?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. Now, I'd like to just pause here for a moment. I know that this point, you're acting as a lawyer, and to the extent that any of my questions would require you to disclose privileged information where privilege has not been waived, would you tell me and not answer?
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Jeffrey Leon, Co-lead Counsel (POEC)
And when you say, "your clients", who did you include in that?
-
Jeffrey Leon, Co-lead Counsel (POEC)
I understand that during the period you were about to talk to, you were also dealing with Chad Eros?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Was he part of your client group?
-
Jeffrey Leon, Co-lead Counsel (POEC)
My understanding is he -- his position is he was a client and that he has not waived privilege.
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Jeffrey Leon, Co-lead Counsel (POEC)
And if at any time you're in doubt about privilege and you need time to consult with Mr. Miller, you'll just let me know?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Now, you arrived in Ottawa then with the group on -- in the evening of February 2nd?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I understand you rented a car and went to the ARC Hotel?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And you went to the ARC Hotel; am I right?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And that’s downtown Ottawa, Slater and Metcalfe, I believe?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And when you got to the ARC Hotel, I understand you met with Tamara Lich, Chris Barber, and was there anybody else there?
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Jeffrey Leon, Co-lead Counsel (POEC)
And had you met any of these people before?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Had you at any time heard about Ms. Lich?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And about what time did you arrive at the hotel?
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Jeffrey Leon, Co-lead Counsel (POEC)
Could you tell the Commissioner what happened at that point, in brief?
-
Jeffrey Leon, Co-lead Counsel (POEC)
So we come to the meeting that you had with your prospective -- at that time prospective clients. And you said you -- did you finalize your retainer at that point?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And did the nature of your retainer differ from what you told us about what your understanding was about it?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I take it you then proceeded to get to know your clients?
-
Jeffrey Leon, Co-lead Counsel (POEC)
How long did that evening meeting last? You got there at 11:30; when did it end?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I understand that you wrote out her remarks for her?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And did you prepare her remarks for her?
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Jeffrey Leon, Co-lead Counsel (POEC)
Sir, my question was just whether you prepared her remarks, Tamara Lich’s remarks for her.
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Jeffrey Leon, Co-lead Counsel (POEC)
And Mr. Clerk, can I ask you to bring me up JCF00000155, the video. And I’d just like to play one minute from that. (VIDEO PLAYBACK)
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Jeffrey Leon, Co-lead Counsel (POEC)
Can I ask you to stop it there, please? You say that Ms. Lich was the spark that lit this fire. Who told you that?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Where did it come from?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And how did your brain figure that out?
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Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. Now, can you bring up, Mr. Clerk HRF0000139? And this is a letter to GoFundMe that I think -- dated February 3rd. And that’s the letter you told us was drafted on the plane, correct?
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Jeffrey Leon, Co-lead Counsel (POEC)
And just if you can scroll up, please, a little more. You note at the bottom there, you set out your understanding of the evolving goals of the committee’s GoFundMe campaign?
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Jeffrey Leon, Co-lead Counsel (POEC)
And if you can just scroll up, I won’t read them but those are -- that’s what you understood to be the goals?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And if you can just scroll up a little more and stop there. The paragraph beginning, “Everyone has been surprised…” -- you say at the last sentence there: “The truckers have been open with the media that they are not leaving until the government vaccine mandates are lifted.” Who on the plane provided that information?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And can you just scroll up a little more, please? You note in the second bolded paragraphs that, "[The] intention is not to reimburse those [for -- those] committing unlawful acts or criminal acts." And you say, "The [...] Convoy has [...] been clear [...] it only supports peaceful assembly." At this point in time, I take it you were aware that there were some officials that are -- were suggesting that some of the conduct going on was unlawful?
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Jeffrey Leon, Co-lead Counsel (POEC)
And later that day, you attended a phone meeting with GoFundMe?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And among other people ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah. And among other people, Mr. Eros was on that call?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And -- or, Mr. Clerk, can you bring up WTS00000032 and go to page 8? This is a witness statement provided by Chad Eros, and he made certain statements in there and I want to give you an opportunity to respond.
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Jeffrey Leon, Co-lead Counsel (POEC)
On page 8, he says that the -- if you can scroll up? A little more, please. And I'm not seeing it right now, but he does say that he -- the JCCF lawyers and specifically you were trying to take over the meeting and assert themselves as the spokespeople on the financial side of the convoy; do you remember reading that?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Right there in where it says Mr. Wilson trying to take over the meeting? All I want to know is whether you want to respond to that.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you mentioned -- sorry.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I understand as well that you had some discussions with Mr. Eros about the organization Take Back our Freedoms?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And did Ms. Lich have some concerns about that organization?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And what were those concerns?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And coming back to -- kind of Take Back our Freedoms, and am I correct that Mr. Peckford was the chairman of that organization?
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Jeffrey Leon, Co-lead Counsel (POEC)
And am I correct that you were aware that at least Mr. Eros had some concern that if there were concerns about Take Back our Freedoms, and you were acting on behalf of Mr. Peckford in that other litigation that you were in a conflict of interest position?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. Thank you. And then just to shift a little bit here, am I -- you went -- you were staying at the ARC Hotel, is that right?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Where were you staying?
-
Jeffrey Leon, Co-lead Counsel (POEC)
So you arrived there, excuse me, on February ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Right.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And so you arrived there on -- did you stay there the night of February 2nd?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And when did you leave?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And then where did you go?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And how long did you stay there?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay.
-
Jeffrey Leon, Co-lead Counsel (POEC)
I was just asking you the date, sir, and ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
And where was that?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And how long did you stay there?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And then did you go back to Edmonton?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. Now, did you have interaction, during the period you were there, with James Bauder?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you became aware of his -- or Canada Unity’s Memorandum of Understanding?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I believe -- is it fair to say it was, in your -- from your perception, getting a lot of attention and you talked to a lot of people about it?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay.
-
Jeffrey Leon, Co-lead Counsel (POEC)
There’s a water there for you.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you knew that -- did you know at the time that almost somewhere around 300,000 people had signed on to a petition regarding that?
-
Jeffrey Leon, Co-lead Counsel (POEC)
So I take it you were surprised that so many people were taking it seriously; is that fair to say?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. Now, on February 4th, I understand you were served with a Statement of Claim and an injunction motion by Mr. Champ?
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Jeffrey Leon, Co-lead Counsel (POEC)
And you represented the convoy leaders in that matter?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And did you oppose the injunction?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Did you oppose the motion?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. Now, around that same time, I understand from your witness statement that you had some discussions with Mr. Marazzo about his concerns that there had seemed to be a change in tone in the response of the Ontario Police Service to the protestors.
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Jeffrey Leon, Co-lead Counsel (POEC)
And that change in tone was related to what Mr. Marazzo saw as a shift from a negotiation type response to a surge and contain enforcement type response. Is that right?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And was that consistent with your view?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And what was your strategy as a result of this?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And I take it that you contacted Mr. Peckford and asked him if he had any contacts that might help?
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Jeffrey Leon, Co-lead Counsel (POEC)
And then you received a call from Dean French.
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Jeffrey Leon, Co-lead Counsel (POEC)
And in your statement, you indicate that Mr. French suggested that it would -- what was needed was to move trucks out of the residential areas. Is that correct?
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Jeffrey Leon, Co-lead Counsel (POEC)
To which?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And on February 8, I understand that Mr. Marazzo asked if you and Ms. Chipiuk would come to a meeting at City Hall.
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Jeffrey Leon, Co-lead Counsel (POEC)
February 8?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And I take it that you met with the PLT officers and they weren’t very happy about your being there. Is that right?
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Jeffrey Leon, Co-lead Counsel (POEC)
And so as you indicate in your statement, you told them that -- to try and cool things down that you would seek instructions not to impose the continuation of the injunction which was coming up in Court.
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Jeffrey Leon, Co-lead Counsel (POEC)
Had it been your instructions to oppose the continuation of that injunction?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I take it that you ultimately had the meeting with Mr. Kanellakos?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And were you here for his testimony?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And is there anything about what he testified to regarding the meeting that you disagree with?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And subsequent to that meeting -- or sorry. Let me take a step back.
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Jeffrey Leon, Co-lead Counsel (POEC)
I understand that he had two concerns. One was to keep the meeting secret because he didn’t want it to get out if there wasn’t a successful negotiation, and he wanted to move trucks from the residential area and the Rideau-Sussex intersection.
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Jeffrey Leon, Co-lead Counsel (POEC)
So I take it that after the meeting the three of you went to the intersection?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And Mr. Clerk, could you bring up HRF00001550? I take it this is a picture that you took of the intersection at that time?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you indicate in your statement that at some point you left the intersection and Ms. Chipiuk and Mr. Marazzo remained to talk to the protesters?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
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Jeffrey Leon, Co-lead Counsel (POEC)
And if we can bring up -- back up your witness summary, WTS00000058 at page 7? And can you scroll up a bit? You set out there -- and in the interest of time I'm not going to take you through it all -- of what happened at Rideau and Sussex that led up to your finding out that there was a willing -- or at least Ms. Chipiuk and Mr. Marazzo at the bottom paragraph -- finding out that the truckers had agreed to move their vehicles to Wellington but there was a problem in removing the jersey barriers and that fell through.
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And so that was on February 8th. And I take it that February 9th there were some discussions with the OPS PLT officers and that led to February 10th where you returned to Rideau and Sussex to try again. Is that correct?
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Jeffrey Leon, Co-lead Counsel (POEC)
And then, as you say in your statement, the -- there was a crowd that suddenly appeared who didn’t understand what was going on and they, in effect, surrounded the area.
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Jeffrey Leon, Co-lead Counsel (POEC)
If I can just stop you for one second. I do have a video. Would that help?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Sure.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. Can you pull up, please, HRF00001587?
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Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay, thank you. Now, I’d like to move back to your statement, please. That’s WTS00000058. And we only have about 15 minutes so ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- I think we’re going to try and speed it up a bit. The ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Now, you set out, starting at page 9 of your statement, the -- your dealings with Mr. French and leading up to a meeting with him on February 11th where he presented to you a draft letter from the mayor. And you went and got instructions and you discussed with the board and the board agreed, essentially, to go ahead with the proposed deal to move trucks out of the residential areas; is that ---
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Jeffrey Leon, Co-lead Counsel (POEC)
And that’s what you referred to in your statement as an “exit strategy”?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And in that regard, if you can bring up, please, HRF00001278. And this is an email. It starts at the top, February 12th, from you?
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Jeffrey Leon, Co-lead Counsel (POEC)
And if you can just scroll up, please? There, stop right there. You say in that email from February 12th at 3:47, you indicate that the drafting committee had looked into a way to draft a document that would describe the Freedom Convoy's overall demands of all governments and a way forward strategy. And so they were working on the broader document for review by the Board tomorrow, but you're circulating a draft now as a -- what is intended to be a communication for the captains and truckers regarding the deal with the mayor. And then you say on the -- what's the end of that line after Wellington and Elgin: "While at the same time, taking away the excuse that Trudeau wants to unleash the police goons and seize trucks. Remember, we are trying to block Trudeau from having the justification to cause the police to use the new emergency powers against the truckers and allow the truckers to stay here in Ottawa for as long as it takes, et cetera." Now, this is February 12th. At that point in time, did you anticipate use of the Emergencies Act?
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Jeffrey Leon, Co-lead Counsel (POEC)
And further, there's -- if -- rather than looking at what's the draft, can we pull up -- 0000 ---
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Jeffrey Leon, Co-lead Counsel (POEC)
HRF00001285. And this is the Freedom Manifest that was -- I think there were -- you said there were about maybe 100 copies made up and distributed to the truckers?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And I'm not going to ask they be pulled up now, but just for the record, we then had the exchange of letters between the mayor and Ms. Lich, which we've seen. The mayor's letter is HRF00001264 and the -- and Ms. Lich's letter is HRF00001275. And can I now ask to bring up HRF00001323? And this is a document dated February 17, 2022, open letter to our premiers and to our elected and appointed officials. It's a long letter, but I take it that the idea of this was still part of the exit strategy to do something to make contact with government officials so that people could be satisfied that you'd done all you could do to that point; is that fair?
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Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. And then we don’t have to bring it up, but in your statement, page 10 and 11, you outline your understanding of what happened in terms of the movement of the trucks outside from the residential area, either to leave or up to Wellington, correct?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. I see -- I've gone up for my hour-and-a-half, Commissioner. I have two more points to deal with, if I could.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. HRF00001298. This is a letter that you sent to Chief Bell stating your view on the powers that were -- the police were given under the Emergency Act.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you took issue with whether there was the power to prevent peaceful protesters from coming into Ottawa to protest.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I think we've seen the video that's -- and you don't have to bring it up, HRF00000274, that you did with Mr. Barber to -- essentially giving that opinion and telling whoever saw the video that they could and should come to Ottawa and continue lawful protest.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And in making that Tik Tok video, was it your understanding that there was about to be an enforcement initiative by the police to remove people from the red zone?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And did you have a concern that -- about the fact that if that was going to happen, you were suggesting to people to come back into the red zone and potentially be in danger when the enforcement action started?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And just a couple of final points, we heard Ms. Belton's evidence that her hotel bill had been paid by Mr. Berogot (ph)?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Bourgault. Have you ever met Mr. Bourgault?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Who paid your hotel bill?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. And do you have any other information about Mr. Bourgault about contributions he may have made to the Freedom Convoy in terms of how much or what for?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And then there's two other documents that I want to ask you about. The first one is HRF000000 -- just let me get it here -- 83. And this was a press release February 17, 2022, from the Freedom Convoy indicating that they did not support any of the comments being made by Mr. King. I may have asked you this, but had you met Mr. King?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. And then the final document HRS000000513 page 3. I just wanted to ask you about this. This is one of your, I believe, text messages right there. If you can roll it up a little bit more. Right there. I believe this is -- this is dated at the top February 9th. Did you appear on FOX News?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And how did that come about?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And that’s Premier Peckford on the right?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. Thank you, sir. Those are my questions. And thank you, Commissioner, for the extra time.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yes. Just two points. Mr. Wilson, in response to my friend Mr. MacKinnon's questions about whether you were referring in that email to the federal Emergencies Act, I believe you said that someone had heard from some MPs that it was under active discussion?
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Jeffrey Leon, Co-lead Counsel (POEC)
Do you recall who was telling you that?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And in response to my friend Mr. Champ's question to you about the injunction, I think you acknowledged that you did oppose the initial application?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Can you help me with this? I understood from your evidence that your clients had been concerned for some time about the horn blowing?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I believe you said that they took their own action even before the injunction?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And so can you tell us, if there was this concern, why was it that you were opposing the injunction? Wouldn't it have been consistent with your clients' views to have an injunction and stop people blowing their horns?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Jeffrey Leon, co-lead, Commission counsel. The next witness is Patrick King and he is here with his counsel Natasha Calvinho.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. Mr. King ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Oh, sorry.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Mr. King, just to follow on what your counsel has just said, if at any time during my questioning you need time to review a document, don’t hesitate to ask.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I’m going to be asking you questions to give you an opportunity to explain to the Commissioner your involvement in the Freedom Convoy and also to give you a chance to respond to some of the evidence that’s been led before the Commission. I’d like to start with your background. I understand you were born in Sault Ste. Marie?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And how long did you live there?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And then where did you go?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And what sort of work do you do?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. Now, your counsel has indicated that you have been charged with criminal offences and I understand that a condition of your bail is, that you are not allowed to use social media; is that correct?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Am I correct, you can’t use social media?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. So I would like to ask you about your use of social media prior to your being charged in the latter part of February 2022. So if we can talk about the period, let’s say, 2019 to March 2022, what kinds of social media did you use?
-
Jeffrey Leon, Co-lead Counsel (POEC)
TikTok?
-
Jeffrey Leon, Co-lead Counsel (POEC)
YouTube?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I understand you had a large following on social media; is that correct?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Well, how big was your following?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Can you define “big”?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. 100,000, 200, 300, 400,000?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. And I understand on Facebook you would post live events; is that correct?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I understand in 2019 you were involved in a Convoy called “United We Roll”?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Is that correct?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And that was a protest over some oil and gas issues?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And that Convoy travelled from – was it Red Deer to Ottawa?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And who led that Convoy?
-
Jeffrey Leon, Co-lead Counsel (POEC)
How many vehicles were in the Convoy?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Was Mr. Bodder involved in that Convoy?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Was he part of it?
-
Jeffrey Leon, Co-lead Counsel (POEC)
What was his involvement?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Was he part of organizing it?
-
Jeffrey Leon, Co-lead Counsel (POEC)
So when you got to Ottawa, how long were you there?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you went back to Red Deer?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. Now, I would like to come to your involvement in the Freedom Convoy, if I could. I’m trying to keep track of the time, but it doesn’t seem to be working. How did you first get involved in the Freedom Convoy?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Did somebody contact you and ask you to get involved?
-
Jeffrey Leon, Co-lead Counsel (POEC)
What did you do to get involved?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Who did you reach out to?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And am I correct that you then had a Facebook live event on January, was it, 13th, 2022?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And as you -- Mr. Barber, Ms. Belton, and I understand James Bauder were all on -- part of that?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
And during that event, you talked about the plan for a Freedom Convoy with those people who were with you?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And was this first time you’d met Mr. Barber and Ms. Belton?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And my information was you had about 3,000 viewers to that event; does that sound right?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And have you told us why you decided to get involved with the Freedom Convoy based on the statement you just made?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And what did you understand was the goal of the Freedom Convoy?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And later in January, the 21st, did you have another video stream that involved Tamara Lich, Chris Barber, James Bauder, and others; do you recall that?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I understand there was general discussion of what was going to happen with the Freedom Convoy?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And by this time, do you know if anyone in that group had contacted any members of a police force to tell them ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- that this was going?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you some of those -- at least one of those officers on your stream that night?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And discussing safety issues and that sort of thing?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you travelled to Ottawa with the western leg of the convoy?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And what type of vehicle were you driving?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And did you -- where did you join up with the Convoy?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Now, Clerk, can you please bring up HRF00001221? This is a chronology of events that was put together by the group of convoy organizers and is now an exhibit in these proceedings, and it’s a timeline of events from their perspective. And I want to ask you about a few entries that refer to you. We can go to the bottom of page 2, please. You can see there: "January 24, Chris Barber and Tamara Lich meet." And then: "Concerns re. Pat King expressed." And: "Tamara and Chris discussed concern about Pat King after viewing a Tweet with a video making reference to bullets. Chris agreed perhaps Pat should be send home but there was concern about the trucks Pat brought with him. Talked to Pat about the Tweet on the roadside and he stated the video was an old one about an issue on a reserve and had been heavily edited to make it appear as though it was regarding the Convoy. Following this, a Captains meeting was held in Kenora at the end of the day where everyone expressed concern about Pat King's involvement. The decision was made that someone would talk to Pat within the coming days and request that he not attend in Ottawa." Do you remember that conversation?
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Jeffrey Leon, Co-lead Counsel (POEC)
Do you deny it happened?
-
Jeffrey Leon, Co-lead Counsel (POEC)
That wasn’t what I asked you. I’m saying, did the conversation happen, sir?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. Can we go to page 3 of this document?
-
Jeffrey Leon, Co-lead Counsel (POEC)
I will give you an opportunity -- I’m show you some of the videos and I’ll give you an opportunity ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- to comment on them.
-
Jeffrey Leon, Co-lead Counsel (POEC)
So on page 3, you’ll see under January 26th: "Pat King was on the radio annoying others. Pat had tried to pull in front of everyone with his motorhome but was eventually sent to the back of the convoy. Everyone was concerned about Pat's involvement and plans were made to talk to him in the evening when they arrived in Thunder Bay. Unfortunately, Pat did not stick around but continued to Sault Ste. Marie, so no one had a chance to speak to him."
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Jeffrey Leon, Co-lead Counsel (POEC)
Were you aware that that had happened?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And if you can bring up, Mr. Clerk, HRF00000646? And again, this is a document that’s been provided by the Freedom Convoy, and it appears to be a summary of a conversation between you and Tamara Lich. Do you recall having a conversation with Ms. Lich on January 28th?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And did she request that you not attend in Ottawa?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. Now, you proceeded on to Ottawa?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Now, were you familiar with an organization called "Adopt a Trucker" program or a program "Adopt a Trucker"?
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Jeffrey Leon, Co-lead Counsel (POEC)
And can we put up please COM00000571? And you'll see at the top -- can you just scroll down -- it says, "Adopt a Trucker campaign created by Chris Garrah." Do you know Mr. Garrah?
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Jeffrey Leon, Co-lead Counsel (POEC)
And to scroll a little further up -- no, sorry, down -- in the first line there, you'll see it says towards the end, "We are endorsed by Pat King and Canada Unity." Did you endorse this campaign?
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Jeffrey Leon, Co-lead Counsel (POEC)
Did you endorse this campaign by "Adopt a Trucker"?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Did you support it and publicize it?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And who asked you to get involved in this?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I take it in this sense, you were in demand because of your large social media following to get your -- put your name to things like the Freedom Convoy, like the Adopt a Trucker?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And if I could ask you, did you have your own group as part of this convoy that came with you?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And can you estimate how many trucks were in that group?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you arrived in Ottawa on January 29?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
I see.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Where did you go? When did you get to Ottawa, what date?
-
Jeffrey Leon, Co-lead Counsel (POEC)
What hotel did you stay at?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And what did you do with your vehicle?
-
Jeffrey Leon, Co-lead Counsel (POEC)
So how did you get to the Holiday Inn?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And did -- at one point, were you involved with a group at Confederation Park?
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Jeffrey Leon, Co-lead Counsel (POEC)
I want to move forward to February 12th, and on that date, did you learn that an agreement had been reached with the mayor of Ottawa to move trucks out of residential areas and onto Wellington Street?
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Jeffrey Leon, Co-lead Counsel (POEC)
And who did you hear that from?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And so did you agree with the -- that idea?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Mr. Clerk, could you put up a video? It's COM00000881? And I understand this is a video you published on YouTube ---
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Jeffrey Leon, Co-lead Counsel (POEC)
--- on February 13?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Well, let's see if it's you.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Now, do you remember?
-
Jeffrey Leon, Co-lead Counsel (POEC)
I believe so.
-
Jeffrey Leon, Co-lead Counsel (POEC)
But do you remember what the document looked like that you did see?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Now, while you were in Ottawa were you involved with a group of trucks that went out to the airport?
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Jeffrey Leon, Co-lead Counsel (POEC)
And you did slow rolls around the airport?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Well, how long were you at the airport?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And were you doing slow rolls around the airport?
-
Jeffrey Leon, Co-lead Counsel (POEC)
What was the purpose in your going?
-
Jeffrey Leon, Co-lead Counsel (POEC)
I’m sorry?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And that you found interesting?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Well, you spent two hours at the airport seeing what Ottawa was like?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Do you recall speaking to Tom Marazzo before you went?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And did he have somebody accompany you to make sure what you were doing went okay?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And did you by doing what you were doing there -- how many trucks were there?
-
Jeffrey Leon, Co-lead Counsel (POEC)
All of what?
-
Jeffrey Leon, Co-lead Counsel (POEC)
How many came with you?
-
Jeffrey Leon, Co-lead Counsel (POEC)
I see.
-
Jeffrey Leon, Co-lead Counsel (POEC)
All right. And how many cars came with you?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And while you were doing what you were doing at the airport, would you agree with me that you slowed down other vehicles from accessing the airport?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. Mr. Clerk, can you put up HRF00000083. Sorry, can you scroll the other way; you’ll see it’s on the Freedom Convoy letterhead, February 17th, reaffirming its commitment to peaceful demonstration. And if we look at the second paragraph: “We do not support any form of hateful, rhetoric, divisive comments or calls for violence. We explicitly condemn anything of that nature. So let us be clear, we are a peaceful and lawful demonstration. We have heard about inappropriate comments being made by Pat King. Pat King does not speak for us. We expressly condemn any talk of violence from him or others. Pat King has the right like every other Canadian Citizen to protest peacefully.” Do you remember seeing this?
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Jeffrey Leon, Co-lead Counsel (POEC)
And do you know what they’re referring to when they say ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Do you know what they’re referring to when they say, “Talk of violence, inappropriate comments”? Did you talk of violence?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Did you make any inappropriate comments?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Now, you recall that in Ottawa, there was a lot of honking, right?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And were you involved in that honking?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And what did you think about it? Did you agree with it, encourage it, wish it didn’t happen?
-
Jeffrey Leon, Co-lead Counsel (POEC)
I’m sorry.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. Could you put up, Clerk, please, COM00000851. (VIDEO PLAYBACK)
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Jeffrey Leon, Co-lead Counsel (POEC)
That’s what you thought, that it was hilarious that people couldn’t sleep?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And did you make any statements on social media to the effect that you wanted to form a new government and that you and the truckers would take power?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And did you make any statement that -- in a video that, “We will be the new government. We will just take power and share it together”?
-
Jeffrey Leon, Co-lead Counsel (POEC)
“We will be the new government. We will just take power and share it together.”
-
Jeffrey Leon, Co-lead Counsel (POEC)
I don’t have a video, no. I’m asking you if you ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- said that on a video.
-
Jeffrey Leon, Co-lead Counsel (POEC)
I’d like to show you now a compilation of some of your videos ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- produced by ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Well, I don’t think you’ve seen this compilation.
-
Jeffrey Leon, Co-lead Counsel (POEC)
It was produced by the Ontario -- or the Ottawa Police Service. It’s OPS00007967. Can you please start it and stop it after the first video. (VIDEO PLAYBACK)
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Jeffrey Leon, Co-lead Counsel (POEC)
Now, that was only a clip from the video.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Can you put up COM00000898, the full video.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. Can you put up the document, please? And you can see there’s the part that we saw: " The only way that” -- and I’m going to say out it loud, “The only way that this is going to be solved is with bullets."
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Can I just stop you for a second? I want to just go through this whole ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- statement and then I’ll let you speak to it.
-
Jeffrey Leon, Co-lead Counsel (POEC)
If we go down to the next paragraph: " You might want to change your name to Ishmael or drop a bunch of chains down the stairs and call yourself Chong Ching Ching Chang. Now you want to say the Indian culture and everything. The Natives’ culture is a disgrace. It is 100 percent every person who was born here in Canada, in North America, you are Indigenous. People don’t realize that. If you were born of the land, you are Indigenous of the land. It’s called depopulation of the Caucasian race or 19 the Anglo-Saxon. And that’s what the goal is, is to depopulate the Anglo-Saxon race because they are the ones with the strongest bloodlines. They are the ones with the strongest bloodlines. They are the ones with the strongest bloodlines." And then going down to the bottom: " I think I'm going to have a big gathering at my house just for that. And I'm going to film it. You’re right, cops will get shot." Now, did you make a video to that effect?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Did you make any of those statements?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yes, but ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- answer my question.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay, I’d just ask you, sir -- -
-
Jeffrey Leon, Co-lead Counsel (POEC)
I’ll let you talk but just let me -- answer my question. Are those statements that you made?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Now.
-
Jeffrey Leon, Co-lead Counsel (POEC)
What was the context?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you say at the end, “A massive revolution on a huge scale.”
-
Jeffrey Leon, Co-lead Counsel (POEC)
And what about the ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
And the next step ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
And the next paragraph?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And the next paragraph?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. Can we go back to OPS00007967 and can you pick it up where you left off after the first video? (VIDEO PLAYBACK)
-
Jeffrey Leon, Co-lead Counsel (POEC)
Those are my questions.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Good afternoon, Commissioner. The next witness will be James Bauder. And it's Jeff Leon, Co-Lead Counsel for the Commission.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. Commissioner, Mr. Bauder does not have counsel, and he has requested to take the protections available to him in giving his evidence.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Good afternoon, Mr. Bauder.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Can you tell me where you were born?
-
Jeffrey Leon, Co-lead Counsel (POEC)
I understand today is your birthday.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Well, happy birthday.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you currently reside in Calgary?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And for how long?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And what do you do for a living?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And how long have you been driving a truck?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Has that been ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay, and what was that other career path?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I understand you have some education in corporate governance?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Could you just briefly tell us a bit about your corporate governance experience?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. And I want to deal with some of the convoys that you have been involved in. I understand that in 2019 you participated in the United We Roll Convoy, that's in February 2019?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And that convoy went from Calgary to Ottawa?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Red Deer?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And that convoy was involved in protesting legislation related to oil and gas issues?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And what was your role in relation to that convoy, other than participating in it? Did you have a role?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Did you play a role in the planning?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Now, you mentioned Canada Unity. I understand that Canada Unity is a humanitarian organization that brings people together and bases its foundation on community; is that ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
And one of the things that Canada Unity does is oppose COVID-19 public health measures?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you have taken a position that -- with respect to COVID-19 public health measures. What's that position?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And starting in August of 2021, I understand you started planning for a convoy to Ottawa; is that ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- correct? And you used the name for that Convoy for Freedom?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yes?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And does Canada Unity have members?
-
Jeffrey Leon, Co-lead Counsel (POEC)
How many?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And how do you join Canada Unity?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Now, Mr. Clerk, could you put up on the screen COM00000505? I understand this to be a copy of a Facebook page of yours, and it's dated August 30, 2021?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you say: "Want to know what Justine Trudeau hates more than protestors? A convoy parked on his front step. Just saying." And then you go on: "If you have a semi truck and are willing to step up to save our great nation from becoming Chinada, text me. I am ready to make some noise but I need you big truckers." So was this a call for people to participate in your convoy?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Remember ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
I just want to remind you, as we talked about, we have an hour for you to give your evidence. I know you want to be able to tell your story.
-
Jeffrey Leon, Co-lead Counsel (POEC)
So ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. So you say further down: "The convoy will be 100 percent geared for uniting Canada. No political agendas. So in simple terms, no vaxx passports Canada wide, no masks mandate Canada wide, no more lockdowns Canada wide. We demand our government put immediate stop to all of the above." Correct? And so that was the goal of that convoy?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you started from Calgary and went to Ottawa?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Did you go -- in terms of the planning, how many vehicles were part of that convoy?
-
Jeffrey Leon, Co-lead Counsel (POEC)
So ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you planned it all? Did you ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- develop the maps and the routes, the logistics, schedules?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
And when did you arrive in Ottawa?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
No, no. October's fine.
-
Jeffrey Leon, Co-lead Counsel (POEC)
No, if I ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- need it, I'll ask you for it, okay?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Now, if I can ask you to put up on the screen please COM00000858? This is another Facebook page of yours from December 13, 2021, and it says, "Operation BearHug Ottawa was a great success." This was what we've just been talking about, the convoy?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you say "Operation BearHug". What is -- why BearHug?
-
Jeffrey Leon, Co-lead Counsel (POEC)
So I believe you're referring to ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
So what are you referring to?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Can you bring up that document, please?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. Well, can we -- can you just give me an explanation, sir, of why you used the term BearHug?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Well, this ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Well, can we do it this way, sir? If you answer my questions, we'll get ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
No, I don't need a demonstration. Thank you.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Could we go onto my next question, please?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Could you put back up COM00000858? And just quickly to -- I want to deal with the things you did in Ottawa on that -- in that convoy. So you "went maskless shopping and maskless dining" on day one. And -- -
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- and then on day two, you went to Dollarama and they shut down their tills, but they were told by the police to open?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And then day three, you did a media blockade at CTV. What's a media blockade?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Blocked the parking lot?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah, and then on day ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And then on ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- day four, you did the same thing with CBC?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And then you say you, "...went over to Justine Trudeaus' and the Governor Generals' houses and held a block party in the middle of the street, shutting down the road for about 30 minutes..." And you say the police were called and they didn't interfere.
-
Jeffrey Leon, Co-lead Counsel (POEC)
That -- so that lasted 30 minutes at each residence?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. Thank you. And then you did a -- you also went to Prime Minister Trudeau's house again, this is what you're telling us, and the Governor General's house, and you blocked the road during rush hour traffic; is that ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah. And further down, you mention "a BearHug 2".
-
Jeffrey Leon, Co-lead Counsel (POEC)
And so your plan was to repeat this if you could do that?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay.
-
Jeffrey Leon, Co-lead Counsel (POEC)
I'd like to go on and talk about the MOU that you mention in that doc, the memorandum of understanding.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And could you bring up, please, COM00000866? And can you just scroll through that and confirm for me that that is the -- your memorandum of understanding?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Well ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Can you tell me what this document is then?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah, okay. Well ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- we'll scroll through it.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And then I take it that this document was prepared by you and by your wife, Sandra, and by a gentleman named Martin Brodmann?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And who is Mr. Brodmann?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I think it would be an understatement to say that this is a very important document to you?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And has it remained the same since the outset? Have there been any changes to it?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Sorry?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And so that's -- you withdrew that in February 2022?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah.
-
Jeffrey Leon, Co-lead Counsel (POEC)
So ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah, we'll come to that.
-
Jeffrey Leon, Co-lead Counsel (POEC)
If we can go to page 2, please? If you just scroll up? Next page. Sorry, can you go back? Now the parties to this agreement -- if you can scroll a little further -- are the -- are listed as the Concerned Canadian Citizens, the Senate of Canada and the Governor General?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Well, I'm trying to -- we ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- can all read it. I'm just trying to summarize it.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And if you can keep going, please, to where it -- on -- back to where it says the Senate of Canada -- or, sorry, let me start with the Concerned Canadian Citizens, where we were.
-
Jeffrey Leon, Co-lead Counsel (POEC)
There it says represented by you and your wife and Martin Brodmann; correct?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And the Senate of Canada would be represented by the Honourable George J. Furey QC-Speaker?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And the Governor General would be the Honourable Mary May Simon ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- representing the Queen and Canada. Now did you have any legal assistance in drafting this document?
-
Jeffrey Leon, Co-lead Counsel (POEC)
The three of you did it on your own?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And so I ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I take it that your intention was to have the Senate and the Governor General enter into this MOU along with you; correct?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Now, could we come to Article 3 where it says, “The mandate.” I’d just like to review these with you. So Canada Unity, that’s CU, and I guess that’s SCGGC, which is: "The Senate and the Governor General agree to form a committee called Citizens of Canada Committee." And that committee undertakes and appoints authorized representative. Or, sorry, the Senate and Governor General authorized -- to appoint authorized representatives and Canadian Unity does the same; correct?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Well, you see ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Well, I’m just reading ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- the document, sir. And if you go to Article 1, you see “Canada Unity” and then “CU”. And then you come down to Article 3(a) ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- it says “CU”. So you’re referring there to Canada Unity, right?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And if we can look at Article 3(d), the parties adopt and adhere to various legislation that you’ve set out there. And coming down to (e): "SCGGC will effective as of midnight on this ___, day of ___________, 2021 instruct all levels of the Federal, Provincial, Territorial, and Municipal governments to immediately cease and desist all unconstitutional human rights, discriminatory and segregated actions, and not limited to, immediately instruct all levels of the Federal, Provincial, Territorial and Municipal governments to not only stop, but furthermore waive all SARS-CoV-2 (and not limited to SARS-CoV-2 subsequent variations) fines that have been issued and imposed upon its citizens, institutions, and private enterprises." And so in that, the -- this SCGGC would have the authority to instruct those levels of government to do that?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah, but that’s what memorandum ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you understand, sir, that the purpose of a Memorandum of Understanding is to set out the principles that will then be formalized into an agreement; right?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And if we look at ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- paragraph (f) -- I won’t read everything there but it’s again: "…instruct all levels of the Federal, Provincial, Territorial, and Municipal governments to re-instate all employees in all branches of governments […] private industry and institutional sectors employees with full lawful employment rights prior to the wrongful and unlawful dismissals that stem from the SARS-CoV-2 and […] subsequent […] vaccine passport mandates." And then, if we can just -- and then we go over to (g): "The SCGGC will […] issue a cease-and- desist order abolishing all Federal, Provincial, Territorial, and Municipal Vaccine Passport requirements, Vaccine discriminatory regulations, initiatives, and mandates in regard to SARS-CoV-2." Correct?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And so this committee would have the power to issue a cease-and-desist order?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And then (h) provides for further cease-and-desist order to the members of the Government of Canada with instructions to the premiers and the mayors to: "…stop all such unlawful activities pursuant to Article 3." So they would have the power to do that if you’d come to an agreement?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And then in (j), it says: " By signing this “Memorandum”, Canada Unity will immediately stop “Operation Bear Hug Ottawa”, demonstration / convoy, and Federal Referendum activities and will strive to work with all groups and entities et al to bring this country together in unity."
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Jeffrey Leon, Co-lead Counsel (POEC)
That was if you had this memorandum agreed to, then you were going to stop the protest; is that right?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you’ll see in -- just the further the points you’ve been making, under (l), there’s to be final signed agreement in place within 90 days of accepting the Memorandum; correct?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And then if we can come down to Article 4(c): " SCGGC will represent itself as The Government of Canada as a whole and not party related."
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Jeffrey Leon, Co-lead Counsel (POEC)
You’re saying that SCGGC is now the Government of Canada?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah, sir ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
I think we’re getting a bit -- -
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- far afield, sir.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay, thank you.
-
Jeffrey Leon, Co-lead Counsel (POEC)
So you’re saying the Senate, under those Acts, has the right to enforce the laws against the elected government; is that what you’re saying?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay, thank you. Now ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
I understand.
-
Jeffrey Leon, Co-lead Counsel (POEC)
You don’t have to shout, sir. Let’s just stay calm, please.
-
Jeffrey Leon, Co-lead Counsel (POEC)
I understand.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you widely publicized your MOU. You wanted as many people as possible to know what you were doing?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I want to skip ahead, if I can, for -- well, actually let me ask you first. When you were in Ottawa with the Canada Unity Convoy I understand you sent this by registered mail to the Senate and the Governor General; is that right?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. But those were the people that you sent it to because those are the parties. And then you sent it to a number of other entities, correct?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And if we can come forward for just a moment -- and I’ll come back to the Freedom Convoy in January February ’22, I understand one of your purposes was to again see if you could get the attention of the Senate and the Governor General to sign this memorandum, correct?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And when you were in Ottawa in January and February 2022 did you again send it to those parties?
-
Jeffrey Leon, Co-lead Counsel (POEC)
I see. Okay.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you were aware, weren’t you, that the Governor General was getting a lot of [phone calls from people that supported this?
-
Jeffrey Leon, Co-lead Counsel (POEC)
I’m just asking you the questions, sir.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Now, you told us before that you withdrew the MOU, I think, on February 8th. And if you can bring up OTT00024296? And you will see that’s addressed to Honourable Mary Simon, Governor General, withdrawing the memorandum of understanding. “I has come to our attention that the MOU is being erroneously presented in the House as a means of displacing the democratically elected government. This was not the intention behind or purpose of this document.” So you in effect retracted it, correct?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Sorry?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay.
-
Jeffrey Leon, Co-lead Counsel (POEC)
It says in the last paragraph ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
And then why did you do that? Why did you withdraw it?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Sorry, sir. That’s not the way you conduct yourself in this room. Would you answer my question?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Let me suggest to you that you withdrew it because there were people, other people associated - --
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- with Freedom Convoy asked you ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Let me finish this, please.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Let me finish, please, sir.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. You withdrew it because other people involved in the Freedom Convoy asked you to do so because it was creating problems for the very reasons that you list there, that people you say interpreted it as displacing the democratically elected government. Is that right?
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Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. And you did refer to a document. I don't think we have to bring it up now but it’s JBA00000064 where you explain that: “…the memorandum of understanding is officially withdrawn on February 8th because of external pressures after an intense slanderous media smear campaign directed at the group Canada Unity and the founders.” The authors Mark Brodmann, James Bauder, and Anne, correct?
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Jeffrey Leon, Co-lead Counsel (POEC)
I understand.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And the med was, in your view, mischaracterizing it as an attempt to overthrow Canada’s democratic government. Is that right?
-
Jeffrey Leon, Co-lead Counsel (POEC)
No, sorry, sir.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Sorry, sir. I'm going to stop you. This isn’t the place to give speeches. You answer the question, and you answered it. Thank you. Could you pull up Mr. Clerk, ALB00001819. Are you familiar with the fact that after the Emergencies Act came into effect there was an explanation offered by the government as to why they put it into effect?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. I just want to take you to one paragraph and ask you about it, if you can go to page 5, please. So that paragraph that starts, “The protests…” If you look on the screen, it’s there, sir. “The protests have become a rallying point for anti-government and anti- authority and anti-vaccination conspiracy theory and white supremacist groups throughout Canada and other Western countries. […] protesters have varying ideological grievances, with demands ranging from an end to all public health restrictions to […] overthrow […] the elected government. As one example, protest organizers have suggested forming a coalition government with opposition parties and the involvement of Governor General Mary Simon.” Was that part of your Memorandum of Understanding?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you see it says: “This suggestion appears to be an evolution of a previous proposal from a widely circulated ‘memorandum of understanding’ from a group called ‘Canada Unity’ that is taking part in the convoy. The ‘memorandum of understanding proposed that the Senate and Governor General could agree to join them in forming a committee to order the revocation of COVID-19 restrictions and vaccine mandates.” I just want to deal with the issue of “appears to be an evolution.” In your view, did -- was there ever an evolution from the memorandum of understanding to suggest that there be a coalition government with opposition parties and the Governor General?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
You’re welcome. Now, do you know Tom Marazzo?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Did you ever talk to him about your memorandum of understanding?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And if we can ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
I just want to show you a couple of other -- in the interest of time, I will move on. You mentioned a document ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- before. I want to take you to it. COM00000857.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yes?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Well you can get it afterwards, sir.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Sorry, I’ll give you that again. ALB00001819.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah, you’re welcome. Now, can we go to COM00000857? And I think you referred to this before, and I wanted to give you a chance to tell me about it. You’ll see it’s a -- again, a Facebook post dated -- Facebook post dated September 16th, 21 to Cst. Isabelle Cyr-Pidcock of the Ottawa Police. And you told us before that you remained in contact with the Ottawa Police during the Canada Unity Convoy?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And was this part of the contact that you were talking about?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Sorry.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And this -- I can tell you that this document is in evidence now and it will be reviewed as part of the process of the Commission in coming to its conclusions. I’d like to take you now to the Freedom Convoy in the period of January/February 2022. I understand that you -- your view is that this was just a continuation of the planning that you started in August of ’21?
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Jeffrey Leon, Co-lead Counsel (POEC)
And at some point, you were put in touch with some other people who were thinking of organizing a convoy as well?
-
Jeffrey Leon, Co-lead Counsel (POEC)
In late December/early January? Pat King, ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Do you remember?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Chris Barber?
-
Jeffrey Leon, Co-lead Counsel (POEC)
So who called you about that? Do you remember.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Well ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- do you remember who called you about getting a convoy going the end of December, early January?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Did you speak to ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Did you speak to Chris Barber?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Who invited you to the Zoom call? Pat King?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
-
Jeffrey Leon, Co-lead Counsel (POEC)
But I’d like you just to answer my questions, and we’ll get through this. So ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Sure.
-
Jeffrey Leon, Co-lead Counsel (POEC)
So let’s go to the Facebook Live event that was hosted by Pat King. That was January 13th.
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Jeffrey Leon, Co-lead Counsel (POEC)
And did you know Mr. King at this point?
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Jeffrey Leon, Co-lead Counsel (POEC)
How did you know him?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And did you follow him on social media?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And you recall that Brigitte Belton and Chris Barber also participated in that Facebook Live?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And later on, you met Tamara Lich?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Can I just stop you there? Those were individual protests that you had -- were promoting across the country?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah.
-
Jeffrey Leon, Co-lead Counsel (POEC)
So ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah. And so I understand that you’re -- from your perspective, what happened then was that this was -- you provided the structure for people to participate in this convoy by providing the material that you’d already worked up and developed for your own convoy?
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Jeffrey Leon, Co-lead Counsel (POEC)
And so were you in touch with the -- you left Calgary when? On this -- do you recall?
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Jeffrey Leon, Co-lead Counsel (POEC)
For the -- in January of ’22.
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Jeffrey Leon, Co-lead Counsel (POEC)
Yeah. And were you in touch with the -- you yourself, were you in touch with the police along the way?
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Jeffrey Leon, Co-lead Counsel (POEC)
Talking about what sort of things?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And so ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I take it that you were in contact with both the OPP and the Ottawa Police Service; is that ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
And so what happened when you got to Ottawa? Where did you -- what did -- were you directed to go somewhere?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And when you came together and about to enter Ottawa, were you being directed where to go?
-
Jeffrey Leon, Co-lead Counsel (POEC)
What were they blaming you for?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And was the plan for all the trucks to be on Wellington?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And so where did you yourself go?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And what type of vehicle were you driving?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Sorry for ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
And what size vehicle is that?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And can you put up, please, Mr. Clerk, OPP00001489? This is a document you won't have seen before, Mr. Bauder, but it comes from the Ontario Provincial Police report, and it's dated January 28, 2022. And if you can go to item 5, I believe it is? And it refers to a video posted on the Canada Unity Facebook page. And it says: "James Bauder, who is driving in the convoy, indicates that Operation BearHug was intended to bring the law to Ottawa and they will not leave the city until the law has been restored and they get their lawful freedom back." Is that something that you can recall communicating to the OPP that you ---
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Jeffrey Leon, Co-lead Counsel (POEC)
And then it says: "While Bauder states that they have made plans so that members of the public and public transportation in Ottawa will not be disrupted --- " And let me stop there. What were those plans?
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Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. And it goes on to say: "He also hints that there are plans that they cannot make public for strategic and security reasons."
-
Jeffrey Leon, Co-lead Counsel (POEC)
"Bauder further states that he anticipates that they will win in Ottawa, after which they will proceed to the United States to support the truck drivers there." Was that part of your plan?
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Jeffrey Leon, Co-lead Counsel (POEC)
January 28th, 2022.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And then it says: "He further references a Memorandum of Understanding that has been prepared that once signed, will result in Prime Minister Trudeau, Erin O'Toole, and the NDP leader stepping down." Is that something that you told the OPP?
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Jeffrey Leon, Co-lead Counsel (POEC)
I see my time is up. Could I have a few more minutes, please, Commissioner?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Oh, I do? Well, it's your lucky day, Mr. Bauder.
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Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. Now, you told us you were in -- you parked your vehicle in Confederation Park, and I understand that there were some people who set up a tipi in Confederation Park. Were you part of that?
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Jeffrey Leon, Co-lead Counsel (POEC)
Yeah.
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Jeffrey Leon, Co-lead Counsel (POEC)
Was there an incident that the police spoke to you about -- regarding Pat King and things that were going on at Confederation Park?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And can you briefly tell the Commissioner what that was?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
-
Jeffrey Leon, Co-lead Counsel (POEC)
So ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I take it that ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I take it that at some point ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I take it that, ultimately, they ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- they ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah, and so ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- there -- we've heard evidence about various complaints made by residents when the convoy was in Ottawa for things like constant honking, smell of diesel fumes, harassment. Did you see and experience that?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And just a few more questions. Did you have any contact with truckers that were organizing blockades at Windsor?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Coutts?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Emerson?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Surrey?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And yesterday, Mr. Marazzo in his evidence, he -- we had a livestream press conference from February 7th, and he made the statement, "I'm willing to sit at a table with the Conservatives and the NDP and the Block as a coalition. I'll sit with the Governor General. Put us at the table with somebody that actually cares about Canada." Did you know about that statement?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Did you have anything to do with it?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah.
-
Jeffrey Leon, Co-lead Counsel (POEC)
I understand that. Can we come then ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- to ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- they -- at some point, after the Emergency Act was invoked, I understand that you and your wife were arrested; is that right?
-
Jeffrey Leon, Co-lead Counsel (POEC)
How long is the video?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. We can at least show part of it.
-
Jeffrey Leon, Co-lead Counsel (POEC)
It's the new video that you just received ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Go ahead.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. (VIDEO STARTS)
-
Jeffrey Leon, Co-lead Counsel (POEC)
Can you just pause it there, please. At what point -- can we forward it ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- past this part ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- about ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay, let's try there.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Maybe back.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay.
-
Jeffrey Leon, Co-lead Counsel (POEC)
But we get ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- we understand your evidence ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- sir, as to what happened to you.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you, those are my questions, sir. Thank you.
-
Jeffrey Leon, Co-lead Counsel (POEC)
No, thank you.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you, Commissioner. Jeffrey Leon, co-lead counsel for the Commission. The next witness is Daniel Bulford.
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Jeffrey Leon, Co-lead Counsel (POEC)
Good afternoon, Mr. Bulford. Clerk, could you please put up HRF00001553? Do you recognize this as a statement that you prepared for the Commission?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. We will put that in evidence, and if you ever need to refer to the statement while I'm asking you questions, you let me know, okay?
-
Jeffrey Leon, Co-lead Counsel (POEC)
You can take that down now. I understand that you were born in Saskatchewan and resided in Northern Alberta for several years?
-
Jeffrey Leon, Co-lead Counsel (POEC)
He's already given that ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- protection, but he may want to do it again.
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you for that reminder. Now, I understand that you spent 15 years in the RCMP?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And tell us briefly your career in the RCMP.
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you resigned from the RCMP in December 2021?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And why did you do that?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. And beyond that, has -- have the COVID-19 public health measures affected you or your family?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Can you say briefly why?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay, sir, we only have an hour, so ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
--- can we -- I think the Commissioner understands what you’re saying.
-
Jeffrey Leon, Co-lead Counsel (POEC)
You’re a member of an organization, Mounties for Freedom, that opposes public health measures and specifically COVID-19 vaccine?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And also Police Stand on Guard for Thee, which are police officers, active and retired, whose stated mission includes “to repair and regain public trust being damaged or lost due to enforcement measures of” -- sorry, “due to the enforcement emergency measures”. Correct?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And then you’re also on the Advisory Board of Taking Back Our Freedoms?
-
Jeffrey Leon, Co-lead Counsel (POEC)
We’ve heard Taking Back Our Freedoms, about that organization, in previous evidence. I take it it was founded to push back against COVID-19 vaccine mandates?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And its mission has expanded to focus on rejuvenating Canada’s democracy and institutions; correct?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Now, when did you first learn of the Freedom Convoy?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And did somebody contact you to become involved with the convoy when it arrived in Ottawa?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And who asked you to do that?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And was there somebody specific that asked you?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. And I take it that before the convoy arrived, your role -- you were asked to take on an expanded role. Is that right?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you became in charge of VIP security?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Did you have a title in this new position?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And when did you start? Do you recall the date?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And were you told how many vehicles were going to arrive on the convoy?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And how long did you understand that the convoy would be staying in Ottawa?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you mentioned that you became a police liaison. Did you have communications with the Ontario Police Service?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Or, sorry, the Ottawa Police Service?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And just generally, what function did you perform in liaising with those police forces?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And I take -- I understand you were working out of the Swiss Hotel where there was an operation and logistical support centre?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And you formed an incident command using that model?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And one of the other individuals working with you was Vincent Gircys; have I got that right?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. And then, who was the first police that you communicated with?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And did you call her or did she call you?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And could you tell us about that conversation?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And did she tell you anything else, let’s say, about emergency vehicle lanes?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And so could you put up, please, HRF00001313. And if you could go to the next page, please. Is this the map package she sent you?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And we see it says under “Ottawa Truck Convoy”: "Take direction from police whenever applicable. Leave open space for emergency vehicle access at all times. No closed trailer permitted on Wellington near Parliament Hill. All staging areas must be kept an adjacent emergency access lane…" And emergency routes that are listed there: "…no convoy access at any time." Correct?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And did you communicate those instructions to anyone?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And how did you know to email them to Ms. Lich?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. And if you can just scroll to the next page, please. This is one of the maps. There were one, two, three, four, five, five maps, if you can scroll up. And again, what were those maps of? What was that telling you?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And if we can go to the next page, please. This is from Cst. Cyr-Piddock, and it says: "Routes to staging areas." And what did you understand that to mean?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And so you knew that there were -- you understood there would be certain staging areas?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Yeah. And if you can go to the last page -- or, sorry, the next page over -- sorry, one -- yeah, there, there are certain instructions there including, "No parking on Elgin Street from Wellington to Highway 417," and so forth. And all of that, you say you passed on to Ms. Lich?
-
Jeffrey Leon, Co-lead Counsel (POEC)
What police force was this Cst. Cyr-Piddock with?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. And where were you when the convoy started to arrive?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Now, we’ve heard evidence that from time to time some emergency lanes were blocked either on a short-term basis or, for example, on Kent Street on a long-term basis. What observations did you make about emergency lanes?
-
Jeffrey Leon, Co-lead Counsel (POEC)
And that was it?
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And then ---
-
Jeffrey Leon, Co-lead Counsel (POEC)
Okay. We'll come to Rideau and Sussex. If you can turn up, please, Mr. Clerk, PB.NSC.CAN.00001367, and go... And if you can go to page 10, please. A little further. Sorry, can you try page 11? Oh, no. Excuse me for one second. Let me just ask you the question. At -- on -- did you have a further conversation with members of police forces on January 28th?
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Jeffrey Leon, Co-lead Counsel (POEC)
Yes. Let me just turn it up for you. It's -- excuse me. One moment. All right, it's page 11 at the bottom. You see it refers to you, that you're organising the volunteer security for the group warroomcanada.net. What was that?
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Jeffrey Leon, Co-lead Counsel (POEC)
And it says on Friday, January 28, 2022, you: "...reached out to points of contact within the RCMP, OPP, and the NCRCC seeking information obtained via open source on the demonstration." Do you remember that?
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Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
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Jeffrey Leon, Co-lead Counsel (POEC)
And do you remember who that was?
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Jeffrey Leon, Co-lead Counsel (POEC)
And Do you remember who you reached out to in the PPS?
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Jeffrey Leon, Co-lead Counsel (POEC)
And did you reach out again to Constable Cyr-Pidcock?
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Jeffrey Leon, Co-lead Counsel (POEC)
And if we go back to the document, it says: "In his email, BULFORD noted 'The single largest concern of everyone involved is that outside influences will attempt to instigate an action that will damage the credibility of the official convoy group and supporters.'" What -- why were -- was that your main concern?
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Jeffrey Leon, Co-lead Counsel (POEC)
And I understand that you reached out to, on January 29th, to Sergeant Front of the OPS. Do you recall that?
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Jeffrey Leon, Co-lead Counsel (POEC)
I believe it was Front. Is the name is Cross?
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Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
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Jeffrey Leon, Co-lead Counsel (POEC)
Frost. I'm sorry, it was a typo. And what did you discuss with him?
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Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
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Jeffrey Leon, Co-lead Counsel (POEC)
And what were your general observations of the protest during the first weekend?
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Jeffrey Leon, Co-lead Counsel (POEC)
And what about the conduct of the participants?
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Jeffrey Leon, Co-lead Counsel (POEC)
And what was your speech about, just very generally?
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Jeffrey Leon, Co-lead Counsel (POEC)
Did you talk about security issues or behavioural issues?
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Jeffrey Leon, Co-lead Counsel (POEC)
And if we could go -- put back up, please, HRF00001553. And if you can just scroll through that to the date February 1. So if you can stop it just there. I take it you took daily notes of everything that you were doing?
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Jeffrey Leon, Co-lead Counsel (POEC)
And that’s all set out in your statement?
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Jeffrey Leon, Co-lead Counsel (POEC)
So for example, you were dealing with issues like -- you identified on February 1st that you received a call about an aggressive unidentified male at Wellington and Metcalf, and you reported that to the police.
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Jeffrey Leon, Co-lead Counsel (POEC)
In the first paragraph there?
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Jeffrey Leon, Co-lead Counsel (POEC)
And if you just keep scrolling, please, you’ll see there’s a number of events or issues that you dealt with on February 1st and then into February 2nd. And then if we come to February 3rd, could you put up, please, HRF00001287? This is a letter from the Justice Centre for Constitutional Freedoms to the Mayor, but it refers on page 2 to a press conference that you gave on February 3.
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Jeffrey Leon, Co-lead Counsel (POEC)
And so in the second paragraph there, you indicate that you’d like to put people’s minds at ease. The public is watching people that have concerns over what they’re seeing in regards to the heavy police presence. What was your objective there?
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Jeffrey Leon, Co-lead Counsel (POEC)
And if you can go -- put up, please, HRF00001289. And it’s page 11 of the document, I believe. Can you just scroll back a bit? No, more. This is an affidavit that you swore in connection with the proceedings, the class action commenced by Zexi Li.
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Jeffrey Leon, Co-lead Counsel (POEC)
And you talk about, at paragraphs 7 and 8, if you can scroll there, about a complaint from an Ottawa resident about honking through the night.
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Jeffrey Leon, Co-lead Counsel (POEC)
And you say you told him that quiet hours from 8:00 p.m. to 8:00 a.m. had been put in place. When -- what was your understanding of that? Who put that into place?
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Jeffrey Leon, Co-lead Counsel (POEC)
And what was your understanding moving to -- through the period of time that the convoy was in Ottawa? Did that change?
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Jeffrey Leon, Co-lead Counsel (POEC)
And can we go to paragraph 9 of your affidavit? You say there: “My primary concern is individuals or groups with potential to deliberately instigate conflict with the Freedom Convoy movement and to discredit the Freedom Convoy.” Can you say what you’re -- how that -- why that was your concern?
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Jeffrey Leon, Co-lead Counsel (POEC)
So when you were referring to instigators, who were you referring to?
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Jeffrey Leon, Co-lead Counsel (POEC)
And do you recall, and I believe the date was February 8, having a conversation with Constable Wierzbicki about your concern and displeasure with the psychological operation being waged on convoy participants?
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Jeffrey Leon, Co-lead Counsel (POEC)
And what was that about?
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Jeffrey Leon, Co-lead Counsel (POEC)
And we can put up, please, document HRF00000568. (SHORT PAUSE)
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Jeffrey Leon, Co-lead Counsel (POEC)
Is this type of daily security briefing that you would prepare on a day-to-day basis?
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Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
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Jeffrey Leon, Co-lead Counsel (POEC)
And who is Cst. Wierzbicki?
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Jeffrey Leon, Co-lead Counsel (POEC)
And in this document, you refer to in the -- under February 4 in the first paragraph to an incident at Confederation Park, and then you refer to an incident involving, “The New Queen of Canada” and next paragraph down, you were asked about Pat King’s involvement in the convoy, and you indicated that you, “Had limited knowledge...and almost zero contact with” him. And if you can scroll further down, please? Next page. There is no next page. And did you also at one time speak to Cst. Wierzbicki about a Memorandum of Understanding that was circulating?
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Jeffrey Leon, Co-lead Counsel (POEC)
Did you know about the Memorandum of Understanding?
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Jeffrey Leon, Co-lead Counsel (POEC)
Thank you. And you mentioned the intersection at Rideau and Sussex. Did you have occasion to go to Rideau and Sussex?
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Jeffrey Leon, Co-lead Counsel (POEC)
And what were your observations?
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Jeffrey Leon, Co-lead Counsel (POEC)
And were you there at any time when there was attempts to move vehicles from Rideau and Sussex?
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Jeffrey Leon, Co-lead Counsel (POEC)
And what -- how -- what was your impression of the way people were behaving at the intersection?
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Jeffrey Leon, Co-lead Counsel (POEC)
And what about during the week; do you recall?
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Jeffrey Leon, Co-lead Counsel (POEC)
Now, we heard evidence from Keith Wilson -- you know Mr. Wilson?
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Jeffrey Leon, Co-lead Counsel (POEC)
That there were leaks in either the OPS, OPP or both because the convoy organizers were aware of police operations before they happened. Did you know about that?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And if I can move to a different subject, did you continue to have contact with PLT of the police forces over the entire period?
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Jeffrey Leon, Co-lead Counsel (POEC)
And did you -- concerning the OPS, did you have a view on how effective they were being?
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Jeffrey Leon, Co-lead Counsel (POEC)
And at one point, did you come to learn that Chief Sloly had asked for 1,800 police officers?
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Jeffrey Leon, Co-lead Counsel (POEC)
And what was your reaction to that?
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Jeffrey Leon, Co-lead Counsel (POEC)
And did you do anything as a result of hearing that information?
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Jeffrey Leon, Co-lead Counsel (POEC)
And were you aware of negotiations that were taking place between the leaders in the convoy and the mayor?
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Jeffrey Leon, Co-lead Counsel (POEC)
Okay. And in terms of -- did you have any communication with anyone who was involved in the Ambassador Bridge protest?
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Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
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Jeffrey Leon, Co-lead Counsel (POEC)
And what about Coutts?
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Jeffrey Leon, Co-lead Counsel (POEC)
Emerson, Surrey?
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Jeffrey Leon, Co-lead Counsel (POEC)
Now, at what point do you recall learning that the Emergencies Act was to be invoked?
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Jeffrey Leon, Co-lead Counsel (POEC)
Did you hear anything about it prior to that date?
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Jeffrey Leon, Co-lead Counsel (POEC)
And do you recall subsequent to the invocation on February 16, holding a press conference?
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Jeffrey Leon, Co-lead Counsel (POEC)
And that was with Mr. Gircys and Mr. Cornell?
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Jeffrey Leon, Co-lead Counsel (POEC)
And who is Mr. Cornell?
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Jeffrey Leon, Co-lead Counsel (POEC)
And if I can just read you what I understand you said at that press conference. "The Emergency Order clearly states that the protest is allowed to continue if the protest is peaceful. The government is trying to order the police to use force against peaceful protestors. We call on our fellow Canadians to come to Ottawa to exercise their legal right to assembly and protest. The more Canadians that come to Ottawa, the harder it will be for the police to carry out the government's illegal order." Is that something you said?
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Jeffrey Leon, Co-lead Counsel (POEC)
And did you receive advice as to your interpretation of the Emergency Order?
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Jeffrey Leon, Co-lead Counsel (POEC)
And did somebody request that you give this press conference, or did you do it on your own initiative?
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Jeffrey Leon, Co-lead Counsel (POEC)
And at this point, isn't it fair to say that you believed that enforcement action could come at any time?
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Jeffrey Leon, Co-lead Counsel (POEC)
And did you think about or was it a concern to you that you were encouraging people to come into Ottawa where that sort of law enforcement activity might well take place?
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Jeffrey Leon, Co-lead Counsel (POEC)
Now, my understanding is that on February 18, your wife advised you that you were going to be arrested?
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Jeffrey Leon, Co-lead Counsel (POEC)
And if we turn to the document PB.NSC.CAN00008924, the second page of the document? This is an RCMP document, and if you look at the bottom of the page, you'll see: "Information collected. Freedom Convoy organizers held a press conference at 1330 hours. Participants included --- " And that’s blanked out. "--- spoke to the same thing." And you see what it says there about Canadians still being allowed to come to Ottawa with their children to engage in peaceful, lawful, protest. Is that what you said at your press conference?
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Jeffrey Leon, Co-lead Counsel (POEC)
And you'll see the last paragraph there: "All three individuals have contravened to section 5 of the Emergency Measures Regulations by inviting a person to participate in an assembly that may reasonably be expected to lead to a breach of the peace." Now, I can come back, were you arrested on February 18?
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Jeffrey Leon, Co-lead Counsel (POEC)
And can you briefly tell the Commissioner about that?
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Jeffrey Leon, Co-lead Counsel (POEC)
And were you ultimately charged?
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Jeffrey Leon, Co-lead Counsel (POEC)
Were your bank accounts frozen?
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Jeffrey Leon, Co-lead Counsel (POEC)
Can you tell the Commissioner about that, please?
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Jeffrey Leon, Co-lead Counsel (POEC)
And after that? Well, how long were your accounts frozen?
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Jeffrey Leon, Co-lead Counsel (POEC)
So they were frozen for how many days?
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Jeffrey Leon, Co-lead Counsel (POEC)
And were you able to meet your day-to-day expenses during that period?
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Jeffrey Leon, Co-lead Counsel (POEC)
All right. Thank you, sir. Those are my questions.
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Jeffrey Leon, Co-lead Counsel (POEC)
Yes.
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Jeffrey Leon, Co-lead Counsel (POEC)
Thank you.
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Jeffrey Leon, Co-lead Counsel (POEC)
No, thank you, Commissioner.
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Jeffrey Leon, Co-lead Counsel (POEC)
Good morning, Commissioner. Jeff Leon, Commission Counsel. This morning, we're going to shift gears and focus on what has been a very important part of this Commission's work, that is, the views of the Canadian public. It's our pleasure to present to you an overview summary of the results of our public submission process. As you know, shortly after your appointment, you committed to providing an opportunity for members of the public to participate in the work of the Commission. That's essential to have a full and complete picture for the Commission's deliberations. The public submission process was launched in August. At that time, you again commented on the importance of the Commission receiving, and I quote: "...meaningful public input from a wide range of Canadians, not just those individuals and entities who have been granted standing. This is in keeping with my commitment to conduct an open and transparent public inquiry that provides an opportunity for involvement by all Canadians." (As read) The public submission process ran until October 31st, and I am pleased to report that it was a success. The Commission received almost 9,500 submissions from a broad cross-section of Canadians. In terms of age, respondents self- identified as being from all age groups, but primarily 25 to 44 and 45 to 64, which is consistent with Canadian statistics as being representative of the Canadian population. In terms of location, we heard from respondents in nine provinces or territories across Canada, primarily British Columbia, Alberta, Ontario, and Quebec, which again is consistent with the fact that these provinces contain the largest concentrations of population in Canada. In terms of those who were -- responded, we heard from those involved in the protests, community members affected by the protests, and members of the public, who wanted to tell the Commission about their views in terms of the work that the Commission has undertaken. Indeed, the Commission undertook to review all these submissions, a final report is being prepared, and this presentation will be a summary of the matters to be covered in that report. You will see that we have been successful in collecting, indeed, a wide variety of views, observations, ideas, and experiences of Canadians on all aspects of the Commission's mandate, including the circumstances that led to the declaration of a Public Order Emergency, and the measures taken for dealing with the declared emergency in February of 2022. We received submissions in three ways: through an online questionnaire, email, and mail. Overall, these submissions have been of great assistance to the Commission in appreciating how the matters being considered affected and impacted Canadians. They provide background and context for the Commission to inform its deliberations in this Inquiry, which, after all, is a public inquiry. I note that this overview that we will now present is not evidence. Like some of the other background presentations that have been tabled, it will be posted on the Commission's website. On behalf of the Commission, we extend our thanks to the many Canadians who generously took time and made the effort to assist in the Commission's process. You have performed an important service as Canadians. I will now ask my colleague, Sajeda Hedaraly, to present the summary, after which I will share with you excerpts from a few of the actual submissions we received to give a first-hand flavour of the breadth and quality of these submissions.
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Jeffrey Leon, Co-lead Counsel (POEC)
Commissioner, Jeff Leon, Commission Counsel. Having heard this summary, which is of necessity, given the large number of submissions, is at a high level, it will be helpful to understand in the respondents' own words their views and how the events under consideration impacted them. You will hear a variety of views from across Canada, which is reflective of the diverse reaction of Canadians to the issues before this Commission. First: "I live in Victoria, B.C., in the neighbourhood behind the provincial legislature, James Bay to be exact. At the height of the Freedom Convoy, I worked part-time for a small, family- run retail establishment located in Victoria. We were forced to close the shop early three Saturdays in a row due to the constant honking, some of it amplified over loudspeakers. The constant honking was anxiety-inducing. Customers who did come in did not stay. I do not know how much revenue was lost, but winter is our busiest season, Saturday the busiest day. The owners were kind and gracious enough to pay us. I felt bad taking the money. This is only part of how the convoy affected me. I walk to work, so the entire way home constant horns blasting could be heard blocks away. It is a half-hour walk. Once I reached my neighbourhood, protesters were also on foot. They were loud, in some cases inebriated and menacing, they exhibited behaviour as a group I am sure they would not attempt individually. This behaviour continued daily for months. Elderly were scared to leave their homes. I was most distressed that it took as long as it did to invoke the Emergency Act." Second: "The convoy protest in Winnipeg impacted our mental health significantly. We live near the legislature where the convoy honked, blocked streets, emergency vehicles forced to take longer routes, waved offensive signs, harassed locals for wearing masks at a bus, or in local food or coffee shops, parked on streets, blocking locals. The loud honking for hours, long vehicle parade with flags was an assault. Our mental health was severely impacted, and any complaints to police were seen as a few complainers repeating and therefore of no real consequence. Our police did nothing. Plus the abuse of the Canada flag caused us not to put up our flag on July 1st. We felt helpless. We had to get away to a hotel for several days to keep our sanity. We felt on the edge of sanity. Until the Emergency Act finally came in, and suddenly things happened. With that, our police would not have ended this as quick. We kept hoping the Federal Government would enact that step because this protest should never, ever, ever have gotten away with this outright lawlessness and disregard for fellow citizens. This lack of action has forever changed our country for the worse, shaken our confidence in protection. The Emergency Act was absolutely necessary. We also believe it was ended quickly, showing there was no intent to abuse its power. It was the reason we finally got some relief, even here in Winnipeg. As a lasting impact, we are attempting to find a way to move out of this area, because even now, any significant honking on Broadway hits with a fear the protestors are back. Hours of honking past our apartment block change dour life because no one stopped it until the Emergency Act came in and Ottawa was being cleaned up, and then, and only then, did our police act. We were shattered.” (As read) Third. “I am a hospital pharmacist in Windsor, Ontario. Our border was blocked by protestors connected to the Ottawa protest. I did not personally need to cross the border during that time, but I did experience shortages of some food and commodities that are transported through the border. I am also angry that my city had to use tax payer’s money to deal with these circumstances. I resent the fact that money could have been used constructively to improve the city, was instead used to manage and contain the protestors. As a health care worker, I literally risked my life to go into the hospital where I work and care for sick people who required our services. If a protestor was one of the people needing my skills, I would provide it with the same diligence and empathy as with any other patient. In contrast, the protestors seem not to respect the needs of community members, at best inconvenienced, and at worst, terrorized by their occupation. Everyone has a right to protest, but they do not have the right to prevent others from carrying out daily activities, having access to food, or supplies, or simply feeling safe in their neighbourhoods.” (As read) Number four. “I am writing to express my sincerest opinions and experiences regarding the Freedom Convoy protest and the implementation of the Emergencies Act. This letter will provide what I hope to be a useful recount of a working-class Canadian citizen who believes in freedom and the Charter of guaranteed right to democratic protest. In the months of January and February of 2022, I made the long drive to Ottawa from Scarborough to peacefully protest in the Freedom Convoy. As a COVID-19 unvaccinated Canadian, I had already been facing discrimination, oppression, and hate for two years as a direct result of the Federal Government’s politicization of the vaccine. I am a young, active, healthy woman who had no medical need or personal desire to take an experimental vaccine. I was ridiculed by my peers and strangers alike, banned from leaving and re-entering my own country, public transit, sports leagues, restaurants, and shopping centres, to name a few. My decision to maintain medical and bodily autonomy nearly cost me my job. These vaccine mandates were systematically being imposed sector by sector, leaving hard working Canadians to be either coerced into sacrificing bodily autonomy or stripped of their livelihoods. Many of my COVID-19 unvaccinated family and friends were horrified and panicked at the very real possibility of having to flee our own country, a country which has stood for freedom and equality for over 150 years, until the truckers stopped them. The Freedom Convoy was a beacon of hope for millions of Canadians, millions of Canadians who faced threats, job suspension, and getting cancelled online as a result of expressing dissent. Through propaganda and polarization of the media, myself and many others were made to believe that there was nobody else out there who held the same perspective. We were made to believe that we had no ground to stand on and that if we spoke up, there would be no one there to back us up. And then came the news of the trucker convoy bound for our Nation’s capital, and inviting anyone and everyone to join. Here was finally a place where we could take a stand and show our government that we did not agree. The Freedom Convoy protests represent a new marker in Canadian history. They brought Canadians together. They brought the world together, inspiring protests in countries all over the world. The repercussions of the convoy spread far beyond what we could have ever imagined. Citizens of other countries waved Canadian flags, snag the Canadian National Anthem, and messaged and commented on social media in support of the Canadians. We became the pinnacle of a peaceful protest. I would like the Commission to take a moment to process what that must have felt like, to have spent hours, even days, waving a Canadian flag, singing O’Canada shoulder to shoulder with strangers, inviting our government to engage in a discussion about our democratic rights, and instead being labeled and criticized so harshly. Please imagine enduring the extreme cold temperatures holding a sign above your head just so you can finally have your voice heard and your life back. Imagine seeing people laughing together and dancing and standing guard on the Tomb of the Unknown Soldier. Imagining just wanting your freedom back. Not more, nothing demanding. Just what you already had before. Then you come home, watch the news, and see yourself labeled as a domestic terrorist, as someone who does not represent the views of Canadians.” (As read) Five. “I supported the trucker convoy for many reasons and in many ways. I have truckers in my family and they were coerced into taking the vaccines and one family member was out of a job. The mandates and vaccine policies in this country have affected my children, myself, and my family in so many ways. They have created a huge divide amongst us: those who opted to take the vaccine and those who abstained. My family will never get back to where we were before covid. So when the trucks rolled out on their way to Ottawa, I supported them however I could. I donated to the GoFundMe page and then doubled my portion to GiveSendGo when GoFundMe shut down. I have yet to see my money back from GiveSendGo. I sent my kids out to the bridge overpass to wave on the trucks as they rolled down the highway towards Ottawa. The second weekend of the protest, I took the seven-hour car ride to Ottawa to see for myself what was happening downtown. I have never in my life seen such selfless people giving their time and energy to support such a noble cause. It was crowded and noisy due to the trucks running in the streets, and honking, and the immense amount of people there made noise. But it was music to my ears. It was a reuniting of Canadian people. It was the Canada I knew from 25 years ago when I travelled abroad. People from all provinces had gathered to become family. All nationalities were represented. It was wonderful. It was the best Canada Day celebrations I have ever participated in. It gave me such pride for Canada again. Such joy to be a part of the waving Canadian flags, the happy people singing, dancing, and yes, there were bouncy castles for the little people. There was food in the streets to feed armies. It was unbelievable. The joy I felt watching the videos of the trucks rolling down the highway for this reunification of our people who had been so isolated and trapped for two years, and then seeing it set up in Ottawa to be able to partake in was phenomenal. There was no violence and the police were literally standing around everywhere trying to keep warm, but in reality, had nothing to do in the areas that I walked around downtown. There was nothing to fear and people were kind and loving all weekend. Two weeks later, I took the trip to Ottawa again. unfortunately, this trip was much less enjoyable, because the police had already blocked the downtown entrances, and we heard of the violence that had already occurred with regard to the trucks, the vandalism, the tear gas. I made it to Coventry and heard from the trucks that got out just in time. They described the violence they had already experienced and witnessed. One trucker described as having been teargassed, his eyes were still itchy. I ran into a reporter who had been physically harmed by officers during covering the story. It got ugly due to the officers. It wasn't the supporting protesters causing this. I met many of the helpers at Coventry who had been there since day one and the stories we were able to share with one another about the purpose of this protest were beautiful." (As read) Number six, "Thank you for the opportunity to give feedback on this polarizing issue in our country. I believe that evoking the Emergencies Act was the correct thing to do, and if anything, I would like to have seen a more forceful dispersion of protesters and others who engaged in these reckless and irresponsible actions. I was not a protester myself, nor was I in the capital city at the time of this event. However, I can attest to the broad reach of this group's influence and the effects it had on other provinces besides Ontario. These individuals threatened the entire country with their negligence by attacking our already frail food chain supply through the use of blockades. Living in Newfoundland, a large concern has always been if we will have enough food shipped onto the island to make sure everyone can get by. Although this group was unsuccessful with completely stunting the food supply chain, it did -- still did a number on our ability to get needed goods. Walking into the grocery store for some time was a stressful experience, as you would just have to hope that enough of what you needed made it to our isolated province. This in turn created a greater pressure on truckers who were continuing to do their job to the best of their ability while having to make unnecessarily long routes to avoid the blockades." (As read) Seven, "I lived in the red zone during the convoy occupation of Ottawa, six blocks from Parliament. The abuse and harassment from the convoy was constant and unacceptable. The 18 hours of honking day in, day out was torment. Implements such as the air horns used for commercial trains were employed, which were designed for announcing presence in a wide space at high speeds. When used in a dense, urban setting, they resonate off all the buildings and penetrate walls. The idling of trucks was also dangerous and destructive. The air quality at street level with the 24/7 generation of diesel fumes being trapped by cold air made breathing difficult for me as someone with asthma. I live in an apartment on the third floor of my building. And even if the trucks hadn't been honking incessantly, I would still have needed to keep all my windows shut and not use my balcony because I could taste the diesel fumes in the air on my balcony. Having people shout at me when I went for groceries was frustrating as well. For all the generalizations people like to make about what it's like to live downtown, the reality is, I've never felt unsafe or harassed on the street. And aside from the occasional event promoter on street corners, I've never been accosted on the streets. The convoy people made it very clear that I, by virtue of wearing a mask in public, was their enemy. On multiple nights, convoy people shot off commercial grade fireworks from the street in the middle of the night. These were the kind of fireworks that have spread -- have a spread of greater than 25 meters being fired from 2-lane, 1-way streets directly adjacent to apartment buildings with open balconies. The sleep disruption of having fireworks go off at midnight literally outside my building was infuriating, but the fire hazard this presented was completely unacceptable. Police were called multiple times every time and their response was always that they're keeping an eye on it. Their standing policy appeared to be being ready to call the fire department just in case, with no intent to intervene otherwise. As an addendum to all this, seeing people openly flying swastikas outside my home did not make me feel remotely safe. I am Jewish, and to see a symbol which unambiguously advocates for the systematic murder of myself and my family being displayed with impunity sends the message genocide is not something the public deems a concern. The general media response to this further seemed to convey a tone of what are you going to do, it's a couple of swastikas, that happens, but neglected to consider the presence of the swastika in isolation is very different from when it's owned by a group of hundreds, if not thousands of people, with large vehicles who have surrounded your living space while actively intimidating you. While I'm no stranger to discrimination, I have never at any other point in my life felt surrounded by people who wished me dead. It's abhorrent that I am expected to view this kind of behaviour in my community as just how life is when it very much is not." (As read) Eight, I am a 73-year-old Ottawa resident of Sandy Hill, just across the canal from the area occupied by the protesters. I am writing not because I am important, but because I am not. What happened to us happened to tens of thousands in Ottawa from January 28 until the Emergencies Act was enforced. Centretown residents had it much worse. Within three days of the occupiers setting up, we were stymied. My regular trip on the O-Train was disrupted by anti-maskers who aggressively jeered at the masked around them, getting right into their faces. I had to transfer at the Rideau Centre to a street-level bus, and twice had white, middle-aged men snatch at my mask while demanding freedom from mandates. Returning, I witnessed a large crowd of people near the bus stop, harassing passers by, making an extraordinary amount of noise, blocking traffic, pissing on the street, and generally being obnoxious. I can't say they impressed me, but like many, I thought they'd go home after the weekend. Instead, their continued presence shut down our food stores, pharmacy, bank, medical clinic for all but telephone consultations. The disruption of O-Train and bus service meant we could not access anything in Centretown or North Leeds. We could not get cabs because drivers would not risk crossing Centretown, as several had apparently been attacked by occupiers who objected to the colour of their skin and/or to their face mask or both. Gig drivers were also refusing to come to the area. We were prisoners in the few blocks in which we lived, due to the threat of illness or violence from people who refused to leave and were able to intimidate the local authorities into acquiescing. Only by shopping at a supermarket a little farther out and early in the day, as the occupiers appeared to be late risers, we were able to get food. The pharmacist at our officially closed pharmacy actually had to sneak in to fill urgent prescriptions for regular customers and arrange back-door pickup by phone. Like many during the siege, he risked himself and his business to help others. We had to cancel medical appointments and tests, one of which was to ascertain if a lump on my husband's head was a tumour, and if so, whether it was cancerous. Answer received weeks later, yes, it was a tumour, no, it was not cancerous. I had to suspend ongoing treatment for a non-fatal intestinal issue and start over when the Emergency Act took hold. Sleep was hard to come by as pickups and SUVs drove around our area blasting horns and a couple of airhorns. Sleep is pretty basic to human health and function. (As read) Nine, In living in the Gladstone Bay area, Centretown, there was no disruption to my life whatsoever by the protest. I could not hear the trucks or their horns at this location, and my freedom of movement on foot or by car was not affected at all. My access to the 417 was entirely unaffected by the protest. I passed through the protest a number of times, usually went out for a run, sometimes went out for a walk, and a couple of times to see the protest itself. I did not experience any harassment on any of these occasions. In terms of signage, I did not personally see anything resembling a swastika or a Confederate flag. I did not wear a mask, but when observing people wearing masks within the protest, I did not see them being harassed. Framing the issue as one where people, such as myself, who live in the City core, were held hostage by the protest, is, in my case, incorrect and unwanted. The protest in no way affected me negatively. How many people were actually affected, and to what extent, remains an open question for me. Trucks were parked north/south, from Wellington to Slater, and east/west from Lyon to Elgin. Most of the buildings in this area are office buildings, the workers of which were still working from home due to prior government actions. There are some street level businesses, most of which had been required to shut down for extended periods over the previous two years. Those that wanted to stay open during the protest were able to do so. For those who were living there, I have no doubt that the protest was incredibly annoying. The problem for me is that the concerns of a group of protesters, who possibly outnumbered the residents in the affected, were ignored, dismissed, and vilified, while the inconvenience of a small number of people was made to appear as if all of us living in Ottawa were being held hostage in our homes. I found and find the lack of balance disturbing." And then finally: "I would like to express my experience with the illegal occupation of Ottawa that was brought to end by the invocation of the Emergencies Act. I am a secondary teacher, I work in Ottawa, and I live in Quebec. My route to work was made longer and more complicated by the illegal occupation. After nearly two years of trying to support my students through the demands of COVID crisis, I really did not need the added strain that was created by the so-called 'convoy'. More importantly, my students did not need even more stress. I teach students who were affected by the noise of the constant honking, and the odour from the vehicles that idled in Ottawa's core. As well, it was certainly disheartening to see the behaviour of adults as they danced in the streets, while so many young people, that had sacrificed so much so that we could follow protocols as safely as possible, students who missed music, dance, theatre, sports and graduation ceremonies, still followed the protocols, while some adults acted as if our public health crisis was a hoax. Finally, it was deeply troubling to see the racist, violent, and threatening message coming from these occupiers. I was most incensed when one organiser threatened to roll schools. He did not organise a roll past my school, but my understanding is that the elementary school down the street was targeted. On my route to work and back, not only was I delayed, I also felt intimidated by the vehicles with flags of various kinds driving aggressively to and from their camp. The most drastic impact that the illegal occupation had on my life was that I was unable to visit my mother on the last weekend she was alive. My mother was grieving for the loss of her son, and after my brother's death in 2019, her quality of life changed radically. While my sister, an essential worker, and her husband were primary caregivers, I tried to visit my mother every weekend. You are probably aware that those of us who live in the Ottawa/Gatineau Region experience our communities as more unified than separated. For me to take two trips to Orleans on a weekend was not at all unusual until the convoy. On both the Saturday and the Sunday of the last weekend in January, I tried to get across the bridge from Wakefield to Orleans to see my mom. I was not successful either day. The police had closed the route. While I had just seen her on the Tuesday prior to that, I felt she was slipping away and I was concerned. So these people have taken something from me that I can never get back. My mom was a dedicated educator; she was my role model. The illegal occupation of Ottawa stole my mom from me -- stole from me the last moments of my mother's life. I am grateful that the Federal Government stepped in to end it when local and provincial authorities could not." Commissioner, I believe that reflects the, as I said, the diverse submissions that we received from the public. Thank you.