‘You’re asked to leave’
Freedom Convoy lawyer booted out of Emergencies Act inquiry
OTTAWA — Freedom Convoy lawyer Brendan Miller was ejected from the Emergencies Act Inquiry on Tuesday after a heated exchange with Commissioner Paul Rouleau.
The commissioner asked security to remove Miller from the hearing room after the lawyer spoke over the commissioner and accused him of refusing to rule on earlier applications by Miller to have certain witnesses called to testify. His motions also complained about redactions to Government of Canada documents.
Miller was frustrated that he had yet to receive rulings on those motions from the commission, which is in the last of six weeks of public testimony.
When the inquiry returned from a brief break in testimony by Public Safety Minister Marco Mendicino Tuesday, Miller stood up and told Rouleau he wanted to call the minister’s director of communications, Alex Cohen, to the stand all the while demanding a ruling on his previous requests to the commission.
“The application, if you want to do it, you’ve been advised it to be done in writing, not in the middle of a presentation,” Rouleau began.
Miller cut him off and said, “Sir, 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 Government of Canada…”
Rouleau then tried to jump in, saying “You’re speaking … I’m speaking” while Miller continued arguing.
Rouleau took a pause and then ejected Miller.
“I will take a break while you’re asked to leave. I will return in five minutes, if security could deal with that counsel,” he continued before promptly leaving the room.
Miller then left in a huff, shrugging off approaching security while he exited.
Outside the inquiry building, where Miller was security escorted Miller after Rouleau directed them to remove him from the hearing, Miller said the government has overly redacted documents for cabinet confidence and he has been waiting for some time for a ruling.
“Canadians are entitled to the truth, and you can’t hide behind unlawful redactions in a public inquiry, claiming baseless redactions on staffer correspondence, because it may hurt you.”
Brendan Miller
Freedom Convoy lawyer
Miller said the cabinet confidence claims the government is using to justify its decision don’t make sense.
“They have redacted these documents claiming the fact they’re subjected to a cabinet confidence, despite the fact that the law is abundantly clear, and undeniably clear that cabinet confidence does not apply to political staffers.”
He said the government is attempting to hide the truth of the issue. He said if the government hadn’t made the redactions it did, Cohen’s testimony wouldn’t be necessary.
“Canadians are entitled to the truth, and you can’t hide behind unlawful redactions in a public inquiry, claiming baseless redactions on staffer correspondence, because it may hurt you.”
He said the government has dropped documents late on the inquiry and it has to come to an end. He said the government is trying to shape the commission’s outcome.
“The Government of Canada has continuously and every day dropped hundreds of documents on the parties and the parties are frustrated. It is not just myself,” he said. “They have tried to turn this entire proceeding into an inquiry about the failures of Chief Sloly, as opposed to actually about the invocation of the Emergencies Act.”
Miller has previously argued with other witnesses that the government was attempting to paint the convoy protesters at extremists to justify invoking the Emergencies Act.
Miller said he will push to get back into the inquiry, and his clients want him to represent them.
“It’s up to the commissioner whether or not he’ll abide by my client’s constitutional right to have the lawyer of their choice.”
After Miller’s ejection, Keith Wilson, another lawyer who has represented the convoy, told Rouleau that the convoy organizers couldn’t move ahead with crossexamination of Mendicino. He said this was both because they needed a ruling on the government’s redactions and because of Miller’s ejection.
Rouleau said a ruling on the redactions would be coming over the lunch break. He said if Miller raised the concerns the way Wilson had done they would not be in this position.
Rouleau gave no indication of whether Miller would be allowed to return, but said he would delay the convoy lawyer’s cross-examination in order to allow them more time to prepare.