Sworn affidavit claims Brian Fox as man who held Nazi flag in convoy

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PREAMBLE

A sworn affidavit provided to Rebel News on November 23, 2022, supports allegations made by Freedom Corp. lawyer Brendan Miller during the Public Order Emergency Commission (POEC).

After being temporarily removed from the commission on November 22, Miller spoke to reporters outside of the Library and Archives Building, where the Emergencies Act inquiry is being held, and alleged the identity of the man who held a Nazi flag in the Freedom Convoy protest was known to national security and cabinet officials.

Rebel News has not been able to independently confirm the information within the affidavit.

“Canadians are entitled to the truth, and you can’t hide behind unlawful redactions in a public inquiry,” Miller firmly stated. 

A photo of a man near Parliament Hill holding a Nazi flag was captured by mainstream media sources and widely shared as an effort to discredit the Freedom Convoy protests during the first weekend of the anti-COVID mandate demonstrations this past January. 

Miller also alleged at the time that he had an eyewitness account which would identify Fox. 

When pressed by a reporter about the identity of the eyewitness, he said that he could not reveal it as it wasn’t public information yet.

THE AFFIDAVIT

A day later, a sworn affidavit names Shawn Folkes, resident of Oshawa, Ontario. Folkes’ affidavit details an interaction with Fox and alleges Fox was the man who held the Nazi flag next to the Chateau Laurier, during the Freedom Convoy. 

“I can confirm that Brian Fox is the man I met with the Nazi Flag on January 29, 2022,” reads the affidavit. Folkes is a 54-year-old black Canadian who “owned and operated a gym,” before lockdowns.

“On November 21, 2022, I was watching the commission proceedings on its live stream,” added Folkes. “I heard counsel, Brendan Miller, question the Director of the Canadian Security Intelligence Service, about a man named Brian Fox who works at Enterprise Canada.”

The affidavit states that Folkes reviewed the pictures presented to the commission on November 21, 2022, of Brian Fox. 

"I can further confirm that upon review of same, Brian Fox is the man with the Nazi flag that I met on January 29, 2022. Attached hereto and marked as Exhibit "C" are true copies of pictures of Brian Fox," the affidavit reads. 

Brendan Miller previously submitted an application to Commissioner Rouleau to have both Fox and Folkes testify at the Inquiry. 

The affidavit calls for Folkes’ own appearance at the commission. Folkes stated that he made “this affidavit in support of permitting [him] to testify at the Commission regarding the above evidence.”

ENTREPRISE FIGHTS BACK

In response to Miller’s original questions directed towards Bill Blair and three high-level CSIS officials, Enterprise, the firm where Fox is employed, released a statement where they said they were “looking at every legal option” to respond to his implied claims. 

Enterprise also sent a letter to Miller, on November 22, 2022, accusing him of defamation. They claimed Miller’s statements were “highly defamatory.”

Brendan Miller is not having a boring day.

Here is what he has received from counsel for Enterprise Canada and Brian Fox: #POEC pic.twitter.com/5Rjl3axNUJ

— James Bowie (@JamesDBowie) November 22, 2022

Enterprise stated that Fox was in no way in Ottawa in “January or February [2022],” during the Freedom Convoy. 

The affidavit disputes Enterprise's claims. 

Both Fox and Folkes are not yet allowed to testify at the public order emergency commission. 

BRENDAN MILLER’S COMMENTS

Brendan Miller spoke to Rebel News. 

“When the Department of Justice tendered into evidence the statements [in regard to the fact] that I was going to be sued for asking questions that are relevant and material in a proceeding,” began Miller, “the commission permitted into evidence conduct that can constitute contempt or intimidation of a justice participant.” 

“The [Entreprise] statement was not from Mr. Fox himself, nor was it sworn evidence. This differs greatly from the quality of evidence we tendered, including sworn credible evidence identifying Mr. Fox, as well as pictures. There are now more pictures coming out thanks to the power of social media.”

When stating “the statement,” Miller refers to the statement made by Entreprise on their own website following Miller’s line of questioning at the public order emergency commission. 

Miller then touched on the fact that he was temporarily removed from the commission. 

“​​I was thrown out of the hearing earlier this week for pushing the Commissioner to call a material witness who was in the room,” he said. “That witness, Alexander Cohen, Director of Communication for the Minister of Public Safety, had text messages exchanges in evidence with Mary-Liz Power, Issues Advisor with the Prime Minister. The text messages are from January 25, 2022, before the protestors arrived in Ottawa. They lay out a plan to build a narrative to label the protestors as extremists and a hate group.”

On LinkedIn, Miller poked at Entreprise, welcoming them to sue him. “It would be fun if Brian Fox sued me for [defamation] like he said he was going to.” Miller then wrote he would “welcome” a lawsuit. 

He concluded by mentioning that “the Commission denied [his] application to compel Mr. Fox, [...] to testify and/or produce records. Further, the Commission denied permitting Mr. [Folkes] to testify. Lastly, the Commission has dismissed the application to have Mr. Cohen testify. Which was the application I was attempting to make when I was removed from the hearing.”

Rebel News has not been able to independently confirm the information within the affidavit. 

To see and support Rebel News' independent coverage of the POEC, please visit TruckerCommission.com.