Justice Paul Rouleau asked security to remove Freedom Convoy lawyer Brendan Miller from the room Tuesday, following a heated exchange during the Public Order Emergency Commission..This followed an argument between Miller and Rouleau before Public Safety Minister Marco Mendicino was set to be cross-examined. Miller requested Alexander Cohen, Mendicino's director of communications, be called to testify..Miller said Cohen had "very relevant" information regarding the inquiry. He claimed Cohen has evidence regarding "misinformation" about a text message exchange that was key "in building the narrative with respect to the protesters in Ottawa being extremists."."I'm not going to do this orally right now," Rouleau replied.."We're given 15 minutes to cross-examine, to elicit relative material evidence, and we have relevant and material witnesses here," a flustered Miller replied..Rouleau replied the commission had a schedule to stick to.."Sir, the schedule's not as important as getting at the truth," Miller replied..Rouleau reiterated Miller should make an application to add a witness in writing. After a 15-minute break, the argument between the two continued.."I'm sorry, the application, if you want to do it, you've advised it's to be done in writing and not in the middle of the presentation," Rouleau said to Miller.."We've filed two motions in writing at your direction that you've refused to rule on with respect to the redaction of documents from the Gov of Canada," Miller said.."I will take a break while you're asked to leave," Rouleau said. "I will return in five minutes, if security could deal with the counsel.".Miller then left the building. Speaking to reporters in front of the Library and Archives building, Miller said he's made several applications to call other witnesses to testify and to ask that documents provided by the federal government be unredacted. ."[The government] has redacted these documents, claiming they are irrelevant or that they are subject to cabinet confidence," Miller said. "This is despite the fact the law is abundantly clear that cabinet confidence does not apply to political staffers."."The Government of Canada has continuously, and every day, dropped hundreds of documents on the parties. The parties are frustrated, not just myself," Miller said..Miller said the government has tried to turn the "entire proceeding" into an inquiry about the failures of former Ottawa Police Chief Peter Sloly, as opposed to it being about the federal government's invocation of the Emergencies Act. "My duty as a lawyer is to uncover the truth.".The lawyer also revealed they've applied to have Brian Fox testify as a witness. Miller claimed Fox, an employee of Enterprise Canada and former Toronto Star staffer, was the unidentified man who waved a Nazi flag during the Freedom Convoy..READ MORE: Former Toronto Star employee waved Nazi flag, Convoy lawyer claims."We have a witness in our application who had met the person with the flag on the day he was running around with it, and can identify him as Mr. Fox," Miller said..Miller said the identity of that person is in the application, but he can't release it because the Commission has not..Miller was asked if he is worried about getting sued by Fox and Enterprise Canada for his claims. "No, I don't. Because guess what? Truth is a full defence."."I don't care about Enterprise's little announcement yesterday. I could care less," Miller says. "If they want to bring that I would be happy to do so and defend it, get discovery, and get their records.".When the hearings resumed, Rouleau told Freedom Convoy lawyer Keith Wilson that counsel for the convoy organizers would have a chance to cross-examine Mendicino after the lunch break.
Justice Paul Rouleau asked security to remove Freedom Convoy lawyer Brendan Miller from the room Tuesday, following a heated exchange during the Public Order Emergency Commission..This followed an argument between Miller and Rouleau before Public Safety Minister Marco Mendicino was set to be cross-examined. Miller requested Alexander Cohen, Mendicino's director of communications, be called to testify..Miller said Cohen had "very relevant" information regarding the inquiry. He claimed Cohen has evidence regarding "misinformation" about a text message exchange that was key "in building the narrative with respect to the protesters in Ottawa being extremists."."I'm not going to do this orally right now," Rouleau replied.."We're given 15 minutes to cross-examine, to elicit relative material evidence, and we have relevant and material witnesses here," a flustered Miller replied..Rouleau replied the commission had a schedule to stick to.."Sir, the schedule's not as important as getting at the truth," Miller replied..Rouleau reiterated Miller should make an application to add a witness in writing. After a 15-minute break, the argument between the two continued.."I'm sorry, the application, if you want to do it, you've advised it's to be done in writing and not in the middle of the presentation," Rouleau said to Miller.."We've filed two motions in writing at your direction that you've refused to rule on with respect to the redaction of documents from the Gov of Canada," Miller said.."I will take a break while you're asked to leave," Rouleau said. "I will return in five minutes, if security could deal with the counsel.".Miller then left the building. Speaking to reporters in front of the Library and Archives building, Miller said he's made several applications to call other witnesses to testify and to ask that documents provided by the federal government be unredacted. ."[The government] has redacted these documents, claiming they are irrelevant or that they are subject to cabinet confidence," Miller said. "This is despite the fact the law is abundantly clear that cabinet confidence does not apply to political staffers."."The Government of Canada has continuously, and every day, dropped hundreds of documents on the parties. The parties are frustrated, not just myself," Miller said..Miller said the government has tried to turn the "entire proceeding" into an inquiry about the failures of former Ottawa Police Chief Peter Sloly, as opposed to it being about the federal government's invocation of the Emergencies Act. "My duty as a lawyer is to uncover the truth.".The lawyer also revealed they've applied to have Brian Fox testify as a witness. Miller claimed Fox, an employee of Enterprise Canada and former Toronto Star staffer, was the unidentified man who waved a Nazi flag during the Freedom Convoy..READ MORE: Former Toronto Star employee waved Nazi flag, Convoy lawyer claims."We have a witness in our application who had met the person with the flag on the day he was running around with it, and can identify him as Mr. Fox," Miller said..Miller said the identity of that person is in the application, but he can't release it because the Commission has not..Miller was asked if he is worried about getting sued by Fox and Enterprise Canada for his claims. "No, I don't. Because guess what? Truth is a full defence."."I don't care about Enterprise's little announcement yesterday. I could care less," Miller says. "If they want to bring that I would be happy to do so and defend it, get discovery, and get their records.".When the hearings resumed, Rouleau told Freedom Convoy lawyer Keith Wilson that counsel for the convoy organizers would have a chance to cross-examine Mendicino after the lunch break.
