Lich / Barber Trial Day 16
Friday October 13, 2023
10:00 am Courtroom #5
Just waiting for counsel to arrive.
We have three interpreters currently being sworn in.
Crown Attorney will have a few more questions for the witness.
Justice Perkins-McVey: “ if anyone is concerned, there is a therapy dog in the room - looks like it is being trained.
Witness Mr Stephane Bellfoy : has sworn in.
Crown Attorney: “ yesterday before we left for the day I had started to ask you about any contact about any of the protesters, if you could describe any interactions as they happened.
Witness Mr Stephane Bellfoy : “ people mocked us because we were wearing a mask. I mentioned my child had to walk 1.5 Kms in his hockey gear including his skates.
Crown Attorney: “ how many times did you have these interactions
Witness Mr Stephane Bellfoy : “ I can say exactly, but I would say about 10
Crown Attorney: “ yesterday you mentioned hearing fireworks
Witness Mr Stephane Bellfoy : “ yes
Crown Attorney: “ do you recall how many times you heard them
Witness Mr Stephane Bellfoy : “ about a dozen
Crown Attorney: “ how many times did you hear it
Witness Mr Stephane Bellfoy : “ I answered about a dozen times
Crown Attorney: “ how many days of fireworks
Witness Mr Stephane Bellfoy : “ about 7 or 8
Crown Attorney: “ you mentioned there wan an injunction that said no noise after 11 pm, and you said it continued a few days later at all hours of the night. Can you tell me those times
Witness Mr Stephane Bellfoy : “ after 11 pm until about 3 am
Crown Attorney: “ what did you hear at these times
Witness Mr Stephane Bellfoy : “ honking, engines, people celebrating in the streets.
Crown Attorney: “ what were you doing at this time
Witness Mr Stephane Bellfoy : “ trying to sleep, some times
It worked sometimes it didn’t
Crown Attorney: “ those are my questions your honour.
Justice Perkins-McVey: “ should we flip a coin?
Defence Counsel Magas: I have a few questions.
Good morning sir, just on the last answer you gave, you agree with me after the injunction that was ordered on the 7 of February it would be very sporadic
Witness Mr Stephane Bellfoy : “ yes
Defence Counsel Magas: what you heard at night what i will suggest to you, after the injunction it would have been fireworks and an revving of engines and not horns. Do you have dates precisely you heard honking.
Witness Mr Stephane Bellfoy : as I said it was several days later. So feb 11
Defence Counsel Magas: how long
Witness Mr Stephane Bellfoy : “ how do you want in minutes, seconds or hours
Defence Counsel Magas: however you want
Witness Mr Stephane Bellfoy : “ 1.5 hours
Defence Counsel Magas: you testified you had to walk 1.5 km on foot
Witness Mr Stephane Bellfoy : “ yes
Defence Counsel Magas: where did you park
Witness Mr Stephane Bellfoy : “ on Bronson
Defence Counsel Magas: where?
Witness Mr Stephane Bellfoy : “ I don’t know
Defence Counsel Magas: you had to retrieve your car
Witness Mr Stephane Bellfoy : “ yes
Defence Counsel Magas: where was it ?
Witness Mr Stephane Bellfoy : “ on Bronson
Justice Perkins-McVey: “ do
You know the intersection
Witness Mr Stephane Bellfoy : “ No I don’t know, I am was temporarily living here
Defence Counsel Magas: why did you not bring bring boots in the car
Witness Mr Stephane Bellfoy : “ there was no need to bring boots
Defence Counsel Magas: so you chose not to bring boots?
Witness Mr Stephane Bellfoy : “ I didn’t need them
Defence Counsel Magas: so if you got in a car accident he would have to walk on skates
Witness Mr Stephane Bellfoy : “ no why would I have him
Walk on the highway
Defence Counsel Magas: well you are stranded so
Witness Mr Stephane Bellfoy : “ I would call for help?
Defence Counsel Magas: when was this?
Witness Mr Stephane Bellfoy : “ I don’t know
Defence Counsel Magas: before or after the injunction
Witness Mr Stephane Bellfoy : “ I would say before
Defence Counsel Magas: so you said the traffic was moving slowly
Witness Mr Stephane Bellfoy : “ no I said it wasn’t moving at
Defence Counsel Magas: how did you get to and from your home if traffic was not moving
Witness Mr Stephane Bellfoy : “ Bronson
Defence Counsel Magas: how did you see all these blocked roads?
Witness Mr Stephane Bellfoy : “ with my eyes and GPS
Defence Counsel Magas: a moment your honour.
Defence Counsel Magas: exhibit 117 is what i am going to show you.
Showing an image from looks like a drone image
Defence Counsel Magas:
Do you recall seeing this image?
Witness Mr Stephane Bellfoy : “ I’m not sure
Defence Counsel Magas: im going to suggest to you that is Lyon St and laurier St.
Witness Mr Stephane Bellfoy : “ is that laurier to the left
Defence Counsel Magas:
Zoomed in - do you recognize this corner
Witness Mr Stephane Bellfoy : “ I’m not sure - it could be the minto suites, but I don’t know
Defence Counsel Magas: this photo was taken Feb 4, 2022
Provided by OPS. Just to situate you, Feb 4 is before the injunction. So when you look at that photo where the trucks were parked, would you agree with me that’s how the trucks were parked around that dates
Witness Mr Stephane Bellfoy : “ there were more trucks on laurier
Defence Counsel Magas: we don’t see laurier because it is hidden by the buildings, you mean slater and lyon
Witness Mr Stephane Bellfoy : “ there were more trucks on slater and laurier
Defence Counsel Magas: but you agree the trucks here represent the area
Witness Mr Stephane Bellfoy : “ No I disagree I’m not sure of
The dates
Defence Counsel Magas: but you agree on Lyon this was the amount of trucks
Defence Counsel Greenspon: “ I have no questions for this witness
Crown Attorney not re-examining
Next witness is being sworn in.
Chantal Biro
Crown Attorney: “ I am going to ask that we speak at a slow
pace, makes recorders upset.
Crown Attorney: “ I
Understand you run a retail business
Witness Ms Chantal Biro : “ that’s correct
Crown Attorney: “ it’s in the market
Witness Ms Chantal Biro : “ yes
Crown Attorney: “ running a women’s upscale on Sussex Drive, I do online, I serve to great customers. It’s a pleasant work environment. It travel the world buying clothes.
Crown Attorney: “ so you mentioned online
Witness Ms Chantal Biro : “ yes I see online and all over the world
Crown Attorney: “ when you are working where do you do that
Witness Ms Chantal Biro : “ at my shop on Sussex Drive
Crown Attorney: “ when I ask
About what you see and hear, it is during Jan / Feb 2022
Did you work at the shop during that time frame ?
Witness Ms Chantal Biro : “ I was in the shop 7 days a week.
Crown Attorney: “ how many hours a day?
Witness Ms Chantal Biro : “ about 5-6 hours
Crown Attorney: “ can you say at what time those hours were worked
Witness Ms Chantal Biro : “ around 11 am until 5-6 pm
Crown Attorney: “ how do you get to work
Witness Ms Chantal Biro : “ drive
....(Inaudible)... I missed a question
Crown Attorney: “ what distance is the parking garage and your shop
Witness Ms Chantal Biro : “
About a block and a half
Crown Attorney: “ you said you had the opportunity to walk around but you didn’t
Witness Ms Chantal Biro : “ no I didn’t feel safe because I was wearing a mask and they would say things to me
We were supposed to be wearing a mask at the times
Crown Attorney: “ what would you hear
Witness Ms Chantal Biro : “ horns, music and people yelling freedom, a lot of swearing and the F word being yelled out especially about Trudeau.
Crown Attorney: “ you mentioned constant blaring can you say where
Witness Ms Chantal Biro : mainly Rideau and Sussex
Crown Attorney: “ can you compare what you smelled
Witness Ms Chantal Biro : “ gas, cigarettes, weed, gasoline and fumes and exhausts. I was called a “fucking cunt” our streets were taken over by “so-called protesters”
She is describing what she saw - flags, maga phones, trucks …..
Upside down flags, fuck trudeau flags ….
she is explaining loss of ales and shipments
Defence Counsel Greenspon: “ your honour i don’t see how this isn’t impact
Justice Perkins-McVey: “ it may be relevant to the section 430
Crown Attorney: “ did you notice changes is it shipments
Witness Ms Chantal Biro : “ sorry I understood you question to mean stuff to ship to me
Defence Counsel Greenspon: “ perhaps the Crown can let her finish her question
Some back and forth about loss of business etc. Crown Attorney asked if her expenses
Crown Attorney: “ those are my questions
Defence Counsel Greenspon: “ can we have earlier break.
Defence Counsel:” asking questions about if
The people who called her “a fucking cunt” is Tamara Lich.
Witness Ms Chantal Biro : “ no it wasn’t it was another woman
Defence Counsel Younes:” back to the class action, for your business
Witness Ms Chantal Biro : “ I’m not sure of the specifics of the class action. Is there more than one ?
Defence Counsel Younes:” the 300 million class action for Paul champ
Witness Ms Chantal Biro : “ yes
Discussions about where she was parked for work, and deliveries were cancelled.
Witness Ms Chantal Biro : “ I didn’t say it was cancelled
About 4
Justice Perkins-McVey: “ so they were delayed …
Witness Ms Chantal Biro : “ yes
Defence Counsel Younes:” so you did receive your shipments
Witness Ms Chantal Biro : “ yes but not when I needed them
Defence Counsel Younes:” did you contact the police?
Witness Ms Chantal Biro : “ no
Defence Counsel Magas: do you recall when those deliveries were to arrive
Witness Ms Chantal Biro : “ the most important one was late
Defence Counsel Magas: when was this delivery expected
Witness Ms Chantal Biro : “ early January
Defence Counsel Younes:” early January?
Witness Ms Chantal Biro : “ yes around there
Justice Perkins-McVey: “ but there were delays due to the pandemic
Witness Ms Chantal Biro : “ no not for me
Defence Counsel Younes:” thank you those are my questions
Crown Attorney has no questions.
Justice Perkins-McVey: dismisses the witness.
Next witnesses
Natalie Huneault
Crown Attorney: “ you are currently employed by OC transpo - business and events coordination, what does that mean
Witness Natalie Huneault : “ assist with events with a race, like race weekend, and demonstrations
Crown Attorney: “ what do you mean demonstrations
Witness Natalie Huneault : “ anything that would affect the flow of traffic
Crown Attorney: “ how is the public advised of interruptions
Witness Natalie Huneault : “ twitter, Facebook, community BIA, like Bank street BIA
Crown Attorney: “ what is BIA
Witness Natalie Huneault : “business improvement association
Crown Attorney: “ how long in your role
Witness Natalie Huneault : “ three and a half years now
Crown Attorney: “ leaving the convoy aside, what’s the longest event you have had to manage.
Witness Natalie Huneault : “ Italian fest, about 3 days. Friday to Monday.
Crown Attorney: “ you said impact to service, what does that mean
Witness Natalie Huneault : “ when roads closed or activities taking place that doesn’t allow us our regular pattern…
Justice Perkins-McVey: “ or when the LRT isn’t working ‼️‼️ 😂
(No one in the room heard this - I seemed to be the only one who snickered 🤭)
Crown Attorney and Witness Natalie Huneault are discussing the buses and the routes, the interprovincial buses - STO etc. (pretty dry)
Crown Attorney: “ explain how the convoy impacted the service.
Witness Natalie Huneault : “ listing off all the streets that were affected.
Crown Attorney: “ what kind of impacts
Witness Natalie Huneault : “ witness lists the removal of
and the services and what streets.
SIDEBAR - All the routes and buses that were effected, all the roads are being rhymed off, types of buses. I will spare you all the boring details.
My tweets aren’t loading- recess for lunch - back at 2:20
We are back
Crown Attorney: “ asking about specific closures
Witness Natalie Huneault : “ talking about rideau station closed doors
Crown Attorney: “ did you see these doors closed
Witness Natalie Huneault : “ no
Okay they are going on about transportation and LRT ….
SIDEBAR - Chris Barber is currently petting Kaboom the emotional support dog in the courtroom.
Crown Attorney: “ we’re you present for any meetings during
Witness Natalie Huneault : “ yes the NCRCC meetings for the event
Crown Attorney: “ were you at all of them
Witness Natalie Huneault : “ I would say the majority of them
Justice Perkins-McVey: “ are you party of the WhatsApp group?
Crown Attorney: “ your honour that was PLT with the Police
Justice Perkins-McVey: “ No I am referring to the ones Mr. Ayotte testified to.
Witness Natalie Huneault : “ No I am not part of any management WhatsApp group
SIDEBAR - Justice Perkins-McVey 🎯 is ON THE BALL! 🏀 This is one very skilled Judge!
Crown Attorney: “ at NCRCC who made decisions to close roadways
Witness Natalie Huneault : “ I think Ottawa Police
Justice Perkins-McVey: “ do you know who at Ottawa Police?
Witness Natalie Huneault : “ no I don’t
Now discussing her shifts during the convoy.
She thinks the “event”
Was jan 28 - Feb 24
Now discussing the detours.
Defence Counsel Greenspon: “ you described the LRT is a service?
Witness Natalie Huneault : “ yes
Defence Counsel Greenspon: “ do you know what a service is
Witness Natalie Huneault : “ yes
Defence Counsel Greenspon: “ you understand you are under oath?
SIDEBAR - Judge smirks
Defence Counsel Greenspon: “ so it was the police decision
Witness Natalie Huneault : “ well it was because of the trucks
Defence Counsel Greenspon: “ no my question is the police made the decision
Witness Natalie Huneault : “ well I don’t know
Defence Counsel Greenspon: “ okay, so we’re going to get into it”
Did you say to detective benson in his investigation and I quote “I did not make those decisions it was ottawa police
Witness Natalie Huneault : silent
Defence Counsel Greenspon: “ so it was ottawa police
Witness Natalie Huneault : takes forever to simply say “yes”
Defence Counsel Magas: so it was your decision to re-route the bus and the real answer is because of the road closures
Witness Natalie Huneault : “ can you specify “real closure”
Defence Counsel Greenspon: “ you were not asked about the re-routing of the buses
Witness Natalie Huneault : “ they were re-routed due to road closures
Defence Counsel Magas: what is the O train
Witness Natalie Huneault : “ is the LRT system
Defence Counsel Greenspon: “and O-train the same thing?
Witness Natalie Huneault : “ yes
Defence Counsel Magas:
Cement jersey barriers you put those there?
Witness Natalie Huneault : “ coordinated effort with ops and traffic services
Defence Counsel Greenspon: “ just a moment your honour
Defence Counsel Greenspon: “ those are my questions.
Defence Counsel Younes:” there are other reasons that buses need to be re-routed? Like construction
Witness Natalie Huneault : “ yes
Defence Counsel Younes:” and like the sinkhole a few years ago
Witness Natalie Huneault : “ yes
Defence Counsel Younes:” so you don’t know if temporary stops added
Witness Natalie Huneault : “ I don’t recall
Justice Perkins-McVey: “ it makes sense if you change the route
Witness Natalie Huneault : “ the temporary stop
And detour stops are different
Justice Perkins-McVey: “ how about you explain it to me, I don’t take public transit
SIDEBAR - this wasn’t the Judge being “better”- she is a Judge this is a safety thing - they don’t even park in the same places as you and I or use the same elevators in the courthouse. 😉
Defence Counsel Younes:” that is the all my questions. “
Crown Attorney: is asking a question about exactly what streets were closed because she said a different street was closed in cross
Crown Attorney: “ that is all my questions.
Justice Perkins-McVey: “ you may leave to the witness
Crown Attorney: “ no further evidence for today. Can we adjourn until attend Monday at 10:15
Defence Counsel Greenspon: “ we made an email in writing for disclosure on Tuesday that we still have not received 434 emails
Justice Perkins-McVey: “ where is that in disclosure
Crown Attorney: “ we are going through the material and deems some of
It irrelevant
Justice Perkins-McVey: “ will disclosure be ready to give to them at 5pm
Crown Attorney: “ no
Defence Counsel Greenspon: “ I am going to be in a position where I have them these arise from the signal chats and decide “well it’s not relevant is quite rich”
Justice Perkins-McVey: “ is telling Crown Attorney to disclose to prepare for PLT … and we don’t want to spend the week dealing with that issue
Defence Counsel Magas: JORDAN IS VERY MUCH AN ISSUE HERE YOUR HONOUR ‼️‼️‼️‼️‼️‼️‼️‼️🤭‼️‼️‼️
Justice Perkins-McVey: “ I have made my schedule I am flexible ….
Crown Attorney: “ we are in discussions with trial coordination.
Crown Attorney: “ we have not received our transcript
Defence Counsel Magas: we got ours
Defence Counsel Greenspon: “ we got ours, I am checking your transcript for relevance ….
🤣🤣🤣🤣 COURTROOM LAUGHS🤣🤣🤣🤣
Adjourned until Monday at 10:15
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Lich / Barber Trial Day 15
Thursday October 12, 2023
10:00 am Courtroom #5
Crown Attorney: “ calling Sarah Gawman”
Crown Attorney: “ you are here to talk about with regards to the protest, and where you live?
Witness Ms Gawman: “ laurier and Lyon a high rise
Crown Attorney: “ above or below the 10th floor
Witness Ms Gawman: “ above
Crown Attorney: “ how long lived there
Witness Ms Gawman: “ 2010
Crown Attorney: “ live with anyone
Witness Ms Gawman: “ no
Crown Attorney: “ do you work?
Witness Ms Gawman: “ retired but part-time
Crown Attorney: “ and what were those hours
Witness Ms Gawman: “ I had to work 22.5 hours a week and the days would Gary’s
Crown Attorney: “ without telling us the address - where was work?
Witness Ms Gawman: “ kitty corner - Albert and Lyon
Crown Attorney: “ how did you get to work
Witness Ms Gawman: “ I walked
Crown Attorney: “ during the period of jan 28 - Feb 18 did your commute change
Witness Ms Gawman: “ we were told to work from home and sent home early on the Friday of the convoy
Crown Attorney: “ where you explained why
Defence Counsel Magas: objection to hearsay
Justice Perkins-McVey: “ why don’t you asked what happened on Friday
Witness Ms Gawman: “ well it was trucks
Justice Perkins-McVey: “ there was no trucks
Witness Ms Gawman: “ there are cars
Justice Perkins-McVey: “
There and vehicles coming into town all the time
Crown Attorney: “ so why did you have to stay home
Witness Ms Gawman: “ the incessant honking”
Crown Attorney: “ can you describe the noise ?
Witness Ms Gawman: “ it was incessant nonstop honking, one of my windows faces slatter
Crown Attorney: “ what did you observe out your window
Witness Ms Gawman: “ all the trucks up slater
Crown Attorney: “ what volume of vehicles?
Witness Ms Gawman: “ as far as the eye could see
Crown Attorney: “ describe kind of vehicles
Witness Ms Gawman: “ some vehicles, some trucks and large transport trucks
Crown Attorney: “ was there any change the second week
Witness Ms Gawman: “ it seemed to intensify and more people came to town. I thought it would end the kk day
Crown Attorney: “ you mention honking…
Justice Perkins-McVey: “ drums, fireworks ….
Crown Attorney: “ when did you hear drums?
Witness Ms Gawman: “ after 8pm
Crown Attorney: “ fireworks? How often?
Witness Ms Gawman: “ every night all the time
Crown Attorney: “ what about the 3rd week
Witness Ms Gawman: “
Went to my daughters in Britannia to get away.
Crown Attorney: “ did you miss any appointments
Witness Ms Gawman: “ I couldn’t make it two appoints …
Defence Counsel Greenspon: “ objection your honour if we can have the witness leave
Justice Perkins-McVey: “ Mr greenspon
Defence Counsel Greenspon: “ not going to work, missing medical appointments and how she felt about things …
Justice Perkins-McVey: “ we are looking at obstructs, interferes or enjoyment or operation of property…… it is veering into impact.
Crown Attorney: “ your honour I’ve been very mindful
…
Justice Perkins-McVey: “ yes it appears to be a grey area obstruct 127 ….
Everyone else was walking around downtown?
Crown Attorney: “ if it is because of the protests , how was your day to day life …
Justice Perkins-McVey: “ she was given very general evidence,you can frame your question in such a way but that may not have been the reality. I think you should go with availability of taxis in your questioning
Crown Attorney: “ I think her areas of not being able to get a cab
Justice Perkins-McVey: “ you can ask that question.
Defence Counsel Greenspon: “ they started with observations of Jan 28-Feb 18 and we are veering xox
Justice Perkins-McVey: “ I am
Just saying it’s fair to ask the question about the cab. Maybe be more illustrative about outside her door and the area she frequents.
Justice Perkins-McVey: “ just so you know this is our fitness routine. This is normal when lawyers have a legal objection. You look a little
Worried
Witness Ms Gawman: “ I’m just nervous
Justice Perkins-McVey: “ no need to nervous
Crown Attorney: “ can you tell us why you couldn’t get a taxi
Witness Ms Gawman: “ they wouldn’t come
Justice Perkins-McVey: “ did
You call them?
Witness Ms Gawman: “ yes
Crown Attorney: “ did you have other modes like public transit
Witness Ms Gawman: “ they were re-routed…. (Mentions about being too far to walk)
Crown Attorney: “ after you got sent home to work from home did you leave the house
Witness Ms Gawman: “ tried to grocery shop at Sommerset and kent so
I went to chinatown to do
groceries.
Crown Attorney: “ do you recall what types of
Vehicles were there
Witness Ms Gawman: “ trucks a lot of transport trucks
Crown Attorney: “ do you recall what weekend?
Witness Ms Gawman: “
The first weekend.
Crown Attorney: “ what impacts on business
Witness Ms Gawman: “ all of them except the Tim
Hortons”
Justice Perkins-McVey: “ do you not like Tim Hortons?
Witness Ms Gawman: “ I have no problems with them
Crown Attorney: “ what days did you go walking?
Witness Ms Gawman: “ most days to get exercise and not be cooped up
Crown Attorney: “ most days at what time
Witness Ms Gawman: “
lunch around 12pm -1 ish “
Crown Attorney: “ what days of the …
Witness Ms Gawman: “ I think it was
Justice Perkins-McVey: “ do you need a calendar?
Witness Ms Gawman: “ sure
Crown Attorney: “ what weekend would
You have gone to
Your nieces ?
Witness Ms Gawman: “ left the 3 and retuned the 6th
Crown Attorney: “ describe your outings after that week
Justice Perkins-McVey: “ what was your route
Witness Ms Gawman: “ I would walk to China town ..
Justice Perkins-McVey: “ what’s your definition of
china town
Witness Ms Gawman: “ west of Bronson on Somerset st.
Justice Perkins-McVey: “ yes Ms. Magas are you ready,
Defence Counsel Magas: yes your honour
Witness Arpin enters the room.
Defence Counsel Magas: so yesterday we were discussing the agreement with the mayors office
Witness Arpin: “ I do it was an agreement between mayor and Ms lich
Defence Counsel Magas: “that’s a letter to move 100 trucks”
Witness Arpin: “ can I see the letter please”
Defence Counsel Magas: and, do you recall with respect to moving trucks to wellington and you consulted with Mr Ayotte that there was room for more trucks if they parked closer
Witness Arpin: “ yes
Defence Counsel Magas: you indicated at the inquiry the other factor that was considered that because of the pandemic the buildings were empty
Witness Arpin: “ yes … may I elaborate
Defence Counsel Magas: no
Defence Counsel Magas: the police, the ops that stopped the movement of the trucks
Witness Arpin: “ I am not sure if it was the police
Defence Counsel Magas: do you recall telling the inquiry that it was POEC ?
Witness Arpin: “ that was never confirmed to me by OPS
Defence Counsel Magas: page 225 of the transcript- starting at line six
Witness Arpin: “ we were told that OPS stopped the movement of trucks
Defence Counsel Magas: you confirm you were told that
Witness Arpin: “yes
Defence Counsel Magas: but you don’t have direct evidence?
Witness Arpin: “ no
Defence Counsel Magas: you know Keith Wilson to be the lawyer of the freedom convoy
Witness Arpin: “ yes
Defence Counsel Magas: you had text msgs with him?
Witness Arpin: “ yes and a few phone calls
Defence Counsel Magas: I gave you some documents
Witness Arpin: “ I didn’t have time to go through them
Defence Counsel Magas: you recognize that these are text msg with Keith Wilson
Witness Arpin: “ yes and my name is spelled wrong
Defence Counsel Magas: do you recall testifying at POEC about this
Witness Arpin: “ I do not … actually yes .
Defence Counsel Greenspon: “ msg in grey from you and blue are Wilson
Witness Arpin: “ yes
Defence Counsel Magas: Feb 14 7:13 msg from you to Keith Wilson asking for numbers from him where trucks were moving ?
Witness Arpin: long winded explanation about logistical problems
Defence Counsel Magas: msg to Mr Wilson a quick and dirty sense of how many are south of wellington and how many out of residential areas
Witness Arpin: “ I did not have a handle on the trucks
Defence Counsel Magas: Wilson agreed to get info to him
Witness Arpin: “ we needed a ballpark
Defence Counsel Magas: text from Wilson asking about the injunction in the media and wanted to know if it was true that an injunction by the city?
Witness Arpin: “ yes I told him it was true in a mtg
Defence Counsel Magas: did you advise Wilson of the injunction?
Witness Arpin: “ no
Defence Counsel Magas: did you advise Eva Chipiuk ?
Witness Arpin: “ no
Defence Counsel Magas: the next text let me know if you can break and call me? Did wilson call?
Witness Arpin: “ he spoke to Mr Kanelakos
Defence Counsel Magas: text from Mr Wilson sends a text we are ready to move but police won’t let us. You send a response that there was a change in command and to stand down
Witness Arpin: “ at ottawa police services with change in management with Sloly
Defence Counsel Magas: chief resigned on Feb 15?
Witness Arpin: “ I don’t recall … wait yes that was the day.
Defence Counsel Magas: Mr Wilson to Arpin truckers want to move 40 trucks to wellington that will clear all
The residential areas
Witness Arpin text “ I will consult with city manager. Can you let me know how many were already moved?
Defence Counsel Magas: so by Feb 16 they would have fulfilled their part ?
Witness Arpin: “ we didn’t have confirmation
Defence Counsel Magas: text msg Mr Wilson provided details and information about the new police chief bell not working well with them - the new chief sent msgs to his troops, the one that replaced Sloly
Witness Arpin: “ yes
Defence Counsel Magas: the departure of the police has made matters difficult - apologetic. “Why did you apologize to Wilson
Witness Arpin: “ I felt this was a failure by the city to act in good will to the agreement of Feb 12
Witness Arpin: “ that’s correct
Defence Counsel Magas: sent at text at 4:58 am on Feb 16 “I know you share this goal has always been de-escalation”
Witness Arpin: “ correct
Defence Counsel Magas: so you admit that de-escalation was a priority
Witness Arpin: “ yes I believe wilson charged this goal
Defence Counsel Magas: and this is the last communication
Witness Arpin: “ yes
Defence Counsel Magas: so there is no other texts outside that date?
Witness Arpin: “ I never heard from him again.
Defence Counsel Magas: the city passed a bylaw re idling - witness is ready the by law
Witness Arpin: “ I have
Defence Counsel Magas: were you aware of the change in the bylaw to idling?
Witness Arpin: “ yes
Defence Counsel Magas: I will give you the original from 2016
Witness Arpin: reading
Defence Counsel Magas: point ur attention to 3i of 2016
Witness Arpin: “ the original bylaw
Defence Counsel Magas: yes
Defence Counsel Magas: you agree with me sir from 2016 -Feb 9, 2022 was less than 5 degrees Celsius?
Witness Arpin: “ yes
Defence Counsel Magas: so on Feb 9 it changes to -15 ?
Witness Arpin: “ yes
Defence Counsel Magas: were you part of that decision
Witness Arpin: “ no
Defence Counsel Magas: who would
Witness Arpin: “ legal
Defence Counsel Magas: you understand mr Ayotte signed an affidavit for the injunction
Witness Arpin: “ no
Defence Counsel Magas: does mayor approve these or just city council
Witness Arpin: “ very rare by law changes come to the mayor I was not consulted in this until it went to council and was adopted
Defence Counsel Magas: were you present
Witness Arpin: “ yes I would have been
Defence Counsel Magas: so you would have been present
Witness Arpin: “ yes
Defence Counsel Magas: and there were an number of other by-laws for the protests
Witness Arpin: “ there were loved as a packed and approved as a package
Marking the exhibits.
Defence Counsel Magas: those are my questions.
Witness Arpin: “ I would like to clarify a statement yesterday
Defence Counsel Greenspon: “ witness tried to contact Radcliffe forwarded us the communication ….
‼️Justice Perkins-McVey: “ I told you not to contact anyone‼️
Witness Arpin: “ I wanted to correct a factual error
Defence Counsel Magas: maybe the witness can step
Outside please
Defence Counsel Greenspon: “ Mr Radcliffe sent me the forward email, and he did not reply.
I can’t see a way to give a witness an opportunity to correct an response yesterday, I asked you to tell him this can’t be done.
Justice Perkins-McVey: “ I’m the one in the dark.
Defence Counsel Magas: I take the same position your honour.
Today is the 13th day of the Lich/Barber Trial, and I am grateful to be in court once again. It is truly a privilege to be in the presence of this remarkable man who has inspired countless individuals. In these times, the significance of having Christ in our lives is more important than ever, as emphasized by Pastor Hildebreandt.@aylmerpastor
Crown Attorney: “ housekeeping pdf of Sgt Pilotte task list being entered into exhibits”
Justice Perkins-McVey: “ where is Witness Ayotte?
Defence Counsel Magas: just outside the room.
Witness entering the room.
Justice Perkins-McVey: “ good morning, remember to keep your voice up.
Defence Counsel Greenspon: “ I’m showing you a letter dated Feb 4th, please take a moment to review it.
Witness Ayotte: “yes
Defence Counsel Greenspon: “ have you ever seen this before
Witness Ayotte: “ yes
Defence Counsel Greenspon: “ when did you see it ?
Witness Ayotte: “ probably during the convoy
Defence Counsel Greenspon: “ letter from Eva Chipiuk regarding the safety concerns, were you ever tasked with it’s confirming this to have the Mayor that the representations are accurate.
Witness Ayotte: “ yes
Defence Counsel Greenspon: reading email from @forevaeva79 email to Sloly and a bunch of other 3 initials (I’m paraphrasing )
Freedom convoy have actively campaigned that criminal activity will not be condoned, and information regarding safety or concerns have been forwarded immediately to appropriate authority
So you were never tasked with confirming the accuracy of the contents?
Witness Ayotte: “ no
Defence Counsel Greenspon: “ you hear about the agreement with Tamara and the mayor of Feb 13 to move the vehicles
Witness Ayotte: “ yes
Defence Counsel Greenspon: “and the mayor and city agreed ?
Witness Ayotte: “ yes
Defence Counsel Greenspon: “ the letter was sent to council and made public
To Rob Stewart (Fed)
So as of Feb 13 the Feds were made aware there was an agreement between Tamara and the City?
Witness Ayotte: “ if they were in the email.
Defence Counsel Greenspon: I just reading from the interview summary of Kanelakos he made a phone call to the Feds?
Witness Ayotte: “ I don’t know
Defence Counsel Greenspon: “ assuming his statement was accurate and true the desert government was aware of this agreement
Crown Attorney: “ there is a lot of hearsay I don’t see where is he going …
Justice Perkins-McVey: “ he has indicated not for truth of contents, he may call a witness to speak to what is being said today … and I am sure mr Greenspon is also aware
Crown Attorney: “ my objection is noted
Justice bring witness back
Defence Counsel Greenspon: “ now I understand you met with Drummond and ....(inaudible)... to help with organizing
Witness Ayotte: “ yes I was in I charge of logistics
Defence Counsel Greenspon: “ that meeting took place feb 13 in attendance mr kanelokos mr Drummond and a number of other ppl?
Witness Ayotte: “ yes
Defence Counsel Greenspon: “I understand you produced maps and outline on the maps the area on wellington where they could position
Witness Ayotte: “ yes we discussed where they could go
Defence Counsel Greenspon: “ so that would be an agreement the trucks can stay indefinitely
Witness Ayotte: “ we couldn’t agree to that, because the police would not agree to that
Defence Counsel Greenspon: “ second paragraph Kim Ayotte …
Crown Attorney: “ what is the witness looking at
Defence Counsel Greenspon speaking with Crown Attorney
Defence Counsel Greenspon: “ does this refresh your memory the city is agreeable to staging indefinitely
Witness Ayotte: “ no the police didn’t agree with this agreement
Defence Counsel Greenspon: “ so subject to police coming up with operational plan, city come agreement where rent could stay and would be there indefinitely
Witness Ayotte: “ I would not agree to that
Defence Counsel Greenspon: “ but that’s what the notes say
Witness Ayotte: “ I don’t have any notes from that meeting
Justice Perkins-McVey: “ so no staff took any notes of
That important meeting?
Witness Ayotte: “ no
Defence Counsel Greenspon: “ do you have those maps
Witness Ayotte: “ no
Defence Counsel Greenspon: “ have you looked at the maps since your provided feb 13 have you looked somewhere?
Witness Ayotte: “ no
Defence Counsel Greenspon: “ so you don’t know where those maps are?
Witness Ayotte: “ I disclosed what I had
Justice Perkins-McVey: “ did you give original to POEC
Witness Ayotte: “ I don’t know exactly what was disclosed
Justice Perkins-McVey: “ YOU ARE MANAGER WHAT DID YOU INSTRUCT YOUR STAFF?
Witness Ayotte: “ I don’t micromanage, there are thousands of pages
Justice Perkins-McVey had to hear a matter prior to this.
We should begin shortly.
Crown Attorney: “yesterday we made reference to the factum for the fb page. R v Wood is the case the Crown Attorney is referencing
Defense Counsel Granger:
Providing a hard copy and written materials of our response.
Defense Counsel Magas: “relying on the written materials of Mr Granger”(Def counsel)
Crown Attorney: now calling Sgt Pillotte.
Crown Attorney: “ we made the 212 page Facebook exhibit 39”
Justice Perkins-McVey: “ yes”
Crown Attorney: “ I have printed it out and the text is very small. The bottom right hand side now has page numbers, the Crown Attorney added it last night”
Justice Perkins-McVey: “ well, it sure makes it easier”
Crown Attorney: “ I will have electronic up as needed”
Crown Attorney: “ 2nd item is the tiktok videos. What i propers to do is have the officer. Look at the pages and confirm she recognizes them…
Justice Perkins-McVey: “ on the voie dire”
Crown Attorney: “ yes your honour”
Crown Attorney and Defense Counsel Magas are speaking privately.
Crown Attorney: “ I have not duplicated any of the task 34 pages that have already been addressed l”
Defense Counsel Granger; “I
Have not yet seen this evidence”
Justice Perkins-McVey: “ this is just a voie dire”
Justice Perkins-McVey is inquiring with the witness regarding the documents present before him. She was ensuring that the defense counsel has the precise copies.
Greenspon/Magas have expressed no objections to the Inspector reviewing his documents while on the stand.
The Judge requests clarity for each response on whether the evidence is based on the inspector's recollection or from his notes, allowing counsel to confirm that the documents have been disclosed to all parties involved.