Trial Coverage: Rebel News challenges David Lametti over potential Emergencies Act coverup
Rebel News launched a lawsuit against David Lametti, the former justice minister in Prime Minister Justin Trudeau's government who was responsible for invoking the Emergencies Act in response to the Freedom Convoy protest.
That protest, which occurred in early 2022, was opposed to Canada's vaccine mandates and public health restrictions. A Federal Court justice recently found the Trudeau Liberals violated Canadians' rights by invoking the country's strongest national security law against the protest.
Following that decision, Lametti, who Trudeau removed from cabinet in a July 2023 reshuffle, resigned from his position as a member of Parliament and promptly deleted his social media account on X, formerly Twitter.
But Rebel News is suing the former justice minister over a potential coverup of communications made during his crucial tenure in as justice minister. You can read our full lawsuit at StopTheCoverup.com.
Today, the case is back before a judge, as Rebel News boss Ezra Levant provides live updates as the hearing unfolds. Follow along below:
My two lawyers are Chad Williamson and Scott Nicol. I see FOUR lawyers for Lametti, all at taxpayers expense.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
The judge is Justice Simon Fothergill of the Federal Court of Canada.
The court is coming to order. We're about to begin.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
The clerk says there are four observers -- I wonder if any mainstream media are covering this? So far they've been pretty silent -- they don't think anything's wrong with a former cabinet minister destroying documents as he leaves Parliament in disgrace.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Mitchell correctly says that there is one big disagreement between us: Rebel News demands that the court order Lametti not to delete his Twitter account. Mitchell says only a "promise" (an undertaking) is necessary.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
The judge says an order "reflecting the undertaking" could be issued by the court.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Scott says there's no reason why we shouldn't have a court order, as opposed to just Lametti's pinky swear undertaking. Scott says "we would question why".
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Scott says if Lametti's worried about consequences if he breaks an order, "then don't break the order".
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Scott: we actually don't have any evidence that the account is up in full, other than some screenshots. Scott says he thinks it's odd that Laments is so focused on avoiding a court order at all costs.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Lametti's lawyers have given some case law to Scott, who says he is ready to speak to them. But the judge says that's not necessary now, as this is just a planning hearing, not a substantive hearing.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
The judge says it appears that Lametti has complied with reinstating the Twitter account.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Scott: hopefully Lametti won't destroy other documents, but we'll focus only on Twitter.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Why is Lametti so obsessed about not being ordered to stop destroying documents? Is it because he's already done that?
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Judge: Lametti wouldn't have control on those other things? Chad: right, the Justice Department would cover that.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Mitchell: no problem undertaking not to alter the account.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Lametti is working with the Library and Archives office to handle his old records. (That's news.)
What is he telling them?
The lawyers are talking about scheduling the delivery of different pleadings.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Boyd says there's existing law that regulates the handling of records. The judge repeats it.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: the issue with just receiving an undertaking is that there are significant social media teams that deal with those accounts -- he refers to our litigation against Steven Guilbeault. Chad says a Lametti undertaking isn't enough to stop others.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: An undertaking from Lametti doesn't prevent others from changing those records. The DoJ represent "the Government". They must also be bound.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: I'm worried -- it sounds like Lametti is engaged with Library and Archives. These are live issues before this court -- I don't think it's appropriate for Lametti to be interfering in any way with analysis/retention/preservation of this data.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: the cases provided by Mr. Mitchell were commercial cases, where infringements could be compensable with money. But this is a matter of irreparably harm -- a loss of data that could never be found again. An order is required to bind Lametti and the government.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: there is evidence before this court that notwithstanding the legislative prohibition of documents, the reason we're here is because Lametti did in fact try to destroy his account!
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: I have a tremendous issue with government official deleting data or hiding data to the press and the public. We have an official that is leaving his tenure and has deleted his Twitter account.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Judge: we're not hearing substantive matters right now.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Judge: if Rebel News insists on some kind of "more robust" interim injunctive release then that needs to be set down for a hearing.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Judge: can we proceed on consent with an "interim undertaking"? If not, then we need a hearing.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: we're worried an undertaking doesn't bind third parties.
Chad: this doesn't make sense. Why are they so adamant?
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Mitchell: he's the former justice minister, we should trust him because of that.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Scott: a court order prevents the possibility of mischief.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Scott: there is a big difference between an undertaking and a court order. A court order allows the court to save the day even if there are other malefactors out there.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Scott: we should have a hearing on this on Monday or Tuesday.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: there has been no evidence from Lametti on anything. They haven't tried to come to the table at all. They've even said it's not a government account.
Judge: do the two sides want to try to hammer this out in private?
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: we want this to be heard on Monday or Tuesday please.
Mitchell: if it's just on the short-term order, we can have a hearing as soon as Monday or Tuesday.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Judge: are you ready to roll on Tuesday?
Scott: let me confer with my client. (That's me.)
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: we're ready to go whenever the court is ready.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: we are concerned that we heard from Mr. Mitchell that David Lametti has gone "sub rosa" and is interacting directly with Library and Archives. If the court really wants to give them eleven more days, we're worried.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Chad: we will accept relevant days, but we would like the court to weigh in on that.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Judge: the hearing will be heard on Tuesday, Feb. 13th probably by the Vancouver duty judge. I would suggest this for 10 a.m. Vancouver time, 11 a.m. MT, 1 p.m. ET.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
Court is over.
— Ezra Levant 🍁🚛 (@ezralevant) February 2, 2024
