‘Freedom Convoy’ lawyer sued for defamation

OTTAWA – A lawyer for some of the organizers of the so-called “Freedom Convoy” is being sued for at least $2 million in damages by a public affairs firm and one of its employees, whom he accused of having ties to the weeks-long event. of duration. event.

The statement of claim filed by Enterprise Canada is based on a threat by the company to sue Brendan Miller after he made allegations during an investigation into the use of the Emergencies Act to end protests last winter.

The statement says that Miller’s comments represent “the widespread dissemination of false and malicious allegations against the plaintiffs, who are innocent third parties caught up in an irresponsible and extremely damaging narrative fabricated by the defendant or by him and others.”

Enterprise Canada filed the statement of claim Tuesday in the Ontario Superior Court of Justice in Toronto.

He is seeking $1.5 million in damages for the company and another $500,000 for Brian Fox, one of the key figures in the company’s management.

None of the accusations have been proven in court.

Miller did not respond to email, phone or text messages seeking comment Wednesday.

The protests brought much of downtown Ottawa to a standstill for weeks and led to side events in other parts of the country, all in opposition to pandemic-related public health measures.

The federal government eventually invoked the Emergencies Act in response, and the Public Order Emergency Commission was later called in to assess its use.

Numerous groups were given positions on the commission, along with the authority to present evidence and question witnesses. Miller was the lawyer for a charity set up by some of the main organizers of the protest movement.

Towards the end of the hearings, Miller advanced a line of argument that political staff in the Liberal government were actively working to discredit the protesters. He accused Enterprise of allegedly working with the government in those efforts, and Fox, by name of him, of bringing a Nazi flag to the protest site.

Enterprise Canada quickly denounced Miller’s claim, calling it an “absurd and despicable accusation.” A day later, he pointed out that Fox had not been to Ottawa since 2019 and was also a longtime supporter of the Conservative Party.

When the firm threatened legal action, Miller said he didn’t care.

“If they want to file that (suit), I would be happy to do it and defend it and get discovery and get their records,” he said on Nov. 22.

Miller also asked Commissioner Paul Rouleau to request that Enterprise submit documents and that Fox testify at the commission’s hearings.

Rouleau rejected his request, saying that Miller had “raised serious allegations about Enterprise Canada with little evidence.”

In the statement of claim, Enterprise Canada says that despite Rouleau’s conclusions and the fact that the company provided facts that would refute Miller’s assertions, Miller repeated them numerous times.

The claim statement includes transcripts of exchanges with reporters, posts on Miller’s social media channels and links to media reports in which Miller made his allegations.

He also notes that Miller’s comments were echoed and posted on many other social media sites, greatly expanding his reach.

“Mr. Miller knowingly advanced an extremely damaging narrative against the plaintiffs for his own inappropriate purposes, including to further his or his clients’ political or other agenda at the expense of the innocent plaintiffs and/or influence public opinion related to his client and the organizers of the protests,” the claim reads.

The statement of claim said that as a result of Miller’s conduct, there has been “substantial and ongoing damage” to the company’s reputation and that its business has been disrupted.

The lawsuit statement says the company and Fox became the targets of “hateful and threatening” messages online and in other media.

“On one occasion, as a result, police were called to Mr. Fox’s home,” the statement said.

In addition to the financial amounts listed in damages, the lawsuit statement says the firm is seeking “special damages to be proven at trial.”

It also asks Miller to remove any reference to his allegations posted on his social media channels and a court order preventing him from posting any further statements about the company.

Enterprise Canada is also seeking a public retraction and apology.

The commission ended its public hearings on December 2. Rouleau’s mandate is to review and evaluate the government’s decision to declare an emergency and invoke the Emergencies Law on February 14. He must submit a final report by February 20, 2023.

The law gave police special powers to deal with protests that the government deemed economically damaging and dangerous.

But critics of the decision, including civil rights groups, federal conservatives and convoy protesters, have argued it was unnecessary government overreach.

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