Sherif Foda

Title
Counsel
Organization / Affiliation
Jeremy MacKenzie

Sherif Foda spoke 65 times across 1 day of testimony.

  1. Sherif Foda, Counsel (Jeremy MacKenzie)

    Afternoon, Mr. Commissioner. My name is Sherif Foda. I'm Counsel to Jeremy MacKenzie. Mr. MacKenzie was summonsed to testify here this afternoon. His testimony is compelled. I would just like to make clear that he is invoking his protections under the Canada and Ontario Evidence Acts to protect his interests against self- incrimination, and of course, he benefits from the protection of Section 13 of the Canadian Charter of Rights and Freedoms.

    17-145-15

  2. Sherif Foda, Counsel (Jeremy MacKenzie)

    Absolutely. Thank you, Mr. Commissioner.

    17-146-01

  3. Sherif Foda, Counsel (Jeremy MacKenzie)

    It’s unfair to this witness to ask him to speculate what is in the RCMP’s mind and their perspective about intelligence.

    17-194-06

  4. Sherif Foda, Counsel (Jeremy MacKenzie)

    Mr. Commissioner.

    17-210-12

  5. Sherif Foda, Counsel (Jeremy MacKenzie)

    I'm not sure social media can have an intent. I'm not sure if the question is precise, and I'm not sure how relevant it is in the circumstances. Perhaps social media users could have that kind of power, but my client, I don't think it's fair for him to testify about the power that social media has in terms of intent and lack of intent.

    17-210-17

  6. Sherif Foda, Counsel (Jeremy MacKenzie)

    I won't need all the time, Mr. Commissioner, but I'm happy to commence now.

    17-214-15

  7. Sherif Foda, Counsel (Jeremy MacKenzie)

    Thank you, sir.

    17-214-18

  8. Sherif Foda, Counsel (Jeremy MacKenzie)

    Good afternoon, Mr. MacKenzie. Can you see me?

    17-214-20

  9. Sherif Foda, Counsel (Jeremy MacKenzie)

    This is the first time you've seen me actually on video.

    17-214-23

  10. Sherif Foda, Counsel (Jeremy MacKenzie)

    I want to start off with just covering some of the questions that you were asked by the last counsel, counsel for the Ottawa Police Service.

    17-214-26

  11. Sherif Foda, Counsel (Jeremy MacKenzie)

    The Canada Anti-Hate Network, you were asked about sort of the information that they have put out there about you.

    17-215-02

  12. Sherif Foda, Counsel (Jeremy MacKenzie)

    Are you aware if the Canada Anti-Network has itself spread any misinformation during the convoy?

    17-215-06

  13. Sherif Foda, Counsel (Jeremy MacKenzie)

    And do you know if the Canada Anti-Hate Network's views about you have been relied upon by law enforcement or other senior officials in the Federal Government?

    17-215-16

  14. Sherif Foda, Counsel (Jeremy MacKenzie)

    And have you ever had any communication with anyone from the Canada Anti-Hate Network?

    17-215-25

  15. Sherif Foda, Counsel (Jeremy MacKenzie)

    And did your conversations have anything to do about the convoy or your alleged extremist activities?

    17-216-11

  16. Sherif Foda, Counsel (Jeremy MacKenzie)

    You were asked questions about social media and social media influencers and their ability to either unintentionally or intentionally influence others. What are your views on legacy media being able to do that?

    17-216-18

  17. Sherif Foda, Counsel (Jeremy MacKenzie)

    I’d like to pull up POE.JMK00000001. It’s an article from the Globe and Mail. Can you see this article on your screen, Mr. MacKenzie?

    17-217-03

  18. Sherif Foda, Counsel (Jeremy MacKenzie)

    Are you familiar with it?

    17-217-07

  19. Sherif Foda, Counsel (Jeremy MacKenzie)

    Okay, if we could scroll down a little bit, and stop right there for a moment. Could you please read that, Mr. MacKenzie, and tell us when you’re done?

    17-217-10

  20. Sherif Foda, Counsel (Jeremy MacKenzie)

    No, just to yourself.

    17-217-15

  21. Sherif Foda, Counsel (Jeremy MacKenzie)

    I’m going to just cover some of the content in that.

    17-217-17

  22. Sherif Foda, Counsel (Jeremy MacKenzie)

    Okay, if we could go down a little bit further.

    17-217-21

  23. Sherif Foda, Counsel (Jeremy MacKenzie)

    And a little bit further.

    17-217-24

  24. Sherif Foda, Counsel (Jeremy MacKenzie)

    And then just a little bit further.

    17-217-26

  25. Sherif Foda, Counsel (Jeremy MacKenzie)

    So this -- this was an article that was published around February 16th, after the Emergencies Act was invoked by the government.

    17-218-01

  26. Sherif Foda, Counsel (Jeremy MacKenzie)

    And there are comments made by Public Safety Minister about -- that were later clarified by his spokesperson. Mr. Mendicino didn’t name any organization during the news conference but his spokesperson, Alexander Cohen, later said that the minister’s remarks were in reference to Diagolon.

    17-218-05

  27. Sherif Foda, Counsel (Jeremy MacKenzie)

    If we could up just a little bit further to the comments that were actually made by Mr. Mendicino -- no, further up, please, right there. So: "It could have been deadly for citizens, protesters, and officers. We need to be clear-eyed about the seriousness of these incidents and indeed several of the individuals at Coutts have strong ties to a far-right extreme organization with leaders who are in Ottawa." How many members -- or, sorry, how many of the individuals at Coutts did you have any ties to?

    17-218-11

  28. Sherif Foda, Counsel (Jeremy MacKenzie)

    And would you consider that to be strong ties?

    17-218-26

  29. Sherif Foda, Counsel (Jeremy MacKenzie)

    But would you consider this to be an example of misinformation or no?

    17-219-01

  30. Sherif Foda, Counsel (Jeremy MacKenzie)

    I’d like to pull up some of the clips, sir, that counsel have referenced but that we’ve not actually gone over with you. If I could first ask that JMK000 - - I think there’s seven zeros and 4. And this is a clip, I understand, from your social media dated January 23rd of this year, sir? (VIDEO PLAYBACK)

    17-219-04

  31. Sherif Foda, Counsel (Jeremy MacKenzie)

    Where was that video taken, sir?

    17-219-11

  32. Sherif Foda, Counsel (Jeremy MacKenzie)

    And what was your intent in putting out that video?

    17-219-16

  33. Sherif Foda, Counsel (Jeremy MacKenzie)

    If we could play another clip, please, JMK00000002. This is a clip, I understand, Mr. --- (VIDEO PLAYBACK)

    17-219-26

  34. Sherif Foda, Counsel (Jeremy MacKenzie)

    Sorry, if we could just go back to the beginning. Mr. MacKenzie, I understand this was taken on January 28th. If you could please just watch it.

    17-220-01

  35. Sherif Foda, Counsel (Jeremy MacKenzie)

    Where was this video taken, sir?

    17-220-06

  36. Sherif Foda, Counsel (Jeremy MacKenzie)

    And what was the message that you were trying to convey?

    17-220-11

  37. Sherif Foda, Counsel (Jeremy MacKenzie)

    Speaking about reporting things to authorities, have you ever reported extremist behaviour to authorities?

    17-220-24

  38. Sherif Foda, Counsel (Jeremy MacKenzie)

    Can you please tell us about that?

    17-220-28

  39. Sherif Foda, Counsel (Jeremy MacKenzie)

    And did you receive a response?

    17-221-19

  40. Sherif Foda, Counsel (Jeremy MacKenzie)

    You didn’t have follow-up after that?

    17-221-27

  41. Sherif Foda, Counsel (Jeremy MacKenzie)

    Were you willing to have a continuous relationship with law enforcement to assist them in identifying legitimate threats to public safety?

    17-222-05

  42. Sherif Foda, Counsel (Jeremy MacKenzie)

    I’d like to play another clip, JMK00000001. And my understanding is that this is a clip from February 5th.

    17-222-11

  43. Sherif Foda, Counsel (Jeremy MacKenzie)

    Where were when this video was taken, sir?

    17-222-16

  44. Sherif Foda, Counsel (Jeremy MacKenzie)

    Okay. Can you please tell the Commissioner sort of what your itinerary was during the convoy protests?

    17-222-20

  45. Sherif Foda, Counsel (Jeremy MacKenzie)

    Yeah. My understanding is that you were not in Ottawa the entire time. Can you ---

    17-222-25

  46. Sherif Foda, Counsel (Jeremy MacKenzie)

    --- sort of just go over, in general terms, your itinerary?

    17-222-28

  47. Sherif Foda, Counsel (Jeremy MacKenzie)

    When you were in Ottawa, did you engage in any illegal activity?

    17-223-19

  48. Sherif Foda, Counsel (Jeremy MacKenzie)

    Did you bring a vehicle?

    17-223-22

  49. Sherif Foda, Counsel (Jeremy MacKenzie)

    Where did you park?

    17-223-25

  50. Sherif Foda, Counsel (Jeremy MacKenzie)

    Did you pay for parking?

    17-224-03

  51. Sherif Foda, Counsel (Jeremy MacKenzie)

    Did you assault anyone while you were in Ottawa?

    17-224-05

  52. Sherif Foda, Counsel (Jeremy MacKenzie)

    Threaten anyone while you were there?

    17-224-08

  53. Sherif Foda, Counsel (Jeremy MacKenzie)

    Did you engage in violent behaviour?

    17-224-11

  54. Sherif Foda, Counsel (Jeremy MacKenzie)

    Were you armed?

    17-224-14

  55. Sherif Foda, Counsel (Jeremy MacKenzie)

    Were you charged with any offences in relation to your participation in the convoy in Ottawa?

    17-224-16

  56. Sherif Foda, Counsel (Jeremy MacKenzie)

    Do you believe or do you know whether or not your public political commentary has drawn the ire of officials?

    17-224-20

  57. Sherif Foda, Counsel (Jeremy MacKenzie)

    Sir, you were asked questions about whether you had any -- whether Diagolon had any structure. I think you were asked if you had any formal authority over anyone in the Diagolon community, and I believe you indicated that there was no hierarchy or no formal structure?

    17-224-24

  58. Sherif Foda, Counsel (Jeremy MacKenzie)

    To be fair, you have a vice- president?

    17-225-02

  59. Sherif Foda, Counsel (Jeremy MacKenzie)

    Could you tell the Commissioner who your vice-president is?

    17-225-05

  60. Sherif Foda, Counsel (Jeremy MacKenzie)

    Do you think any reasonable person who consumes your content, either regularly or semi- regularly would actually consider Diagolon to be an organization?

    17-225-12

  61. Sherif Foda, Counsel (Jeremy MacKenzie)

    How do you explain what is included in intelligence reports and what is expressed in national media and expressed by ministers of the highest level in our country?

    17-225-17

  62. Sherif Foda, Counsel (Jeremy MacKenzie)

    Mr. Mather, when he first started asking you questions, clarified that you're obviously testifying from in custody?

    17-226-17

  63. Sherif Foda, Counsel (Jeremy MacKenzie)

    Okay. And my understanding is you have no criminal record?

    17-226-21

  64. Sherif Foda, Counsel (Jeremy MacKenzie)

    How do you intend on pleading to all of the charges that you face?

    17-226-24

  65. Sherif Foda, Counsel (Jeremy MacKenzie)

    Those are my questions.

    17-226-27