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March 28, 2022 - Viva & Barnes
27:54
Live Stream with Randy Hillier's Attorney, David Anber! Viva Frei Live
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Time Text
Hold on.
What did I just do here?
There we go.
Kathy Griffin blocked me on Twitter.
Okay, hold on.
I'm all crooked here.
Hold on one second.
I'm not crooked.
I was just crooked because of that.
There's so many jokes in the chat and I don't even know where to start.
I can't even do it.
Hit the like button?
That's even worse.
Click on the like button.
Or the thumbs.
I don't really care.
Kathy Griffin blocked me on Twitter.
And I've got to tell you something.
Sometimes I'm a sassy prick.
I still think it's good humor.
I still think it's good humor.
But I can acknowledge that sometimes I'm a little sassy and a little rude.
But Kathy Griffin blocked me.
And I've got to show you the timeline.
I don't know if I'm going to be able to see the timeline.
It wasn't even that bad.
I swear to you, I know when I call someone...
I don't call people jackasses.
What did I call someone?
An abject idiot.
I did, but I justified it.
So it wasn't just a troll insult.
I substantiated my ultimate conclusion that the person who said, meanwhile, those January 6...
Protesters are sipping margaritas on some beach in Florida.
I gave the evidence.
I gave the argument to arrive at my conclusion that the person who said that was an abject idiot.
When it came to Kathy Griffin, what did I say?
I know what I said.
She posted a picture.
I'll preface this.
Everyone can do whatever they want with their bodies.
Oh, I can't see the tweet anymore.
Oh, there it is.
No, we can.
Oh, hold on.
We can see it real quick-like, real quick-like.
She posted a picture of her.
It's very interesting.
Flexing her muscles.
I mean, we'll see it on her feed.
Here we go.
This is what she posted.
Fourth boosters.
And I think that says friskers, if I'm not mistaken.
No, that doesn't make sense because there's only two asterisks.
It says...
It says...
Funkers.
Because the people who, she dances with people.
So, fourth booster funkers.
Oh, and CVS gave us eight free COVID tests for getting boosted.
I think I'll see my, no, I won't see it because she blocked me.
And I simply said, in my retweet of her tweet, serious question, why do you think that people care about your vaccination status?
At Kathy Griffin.
Serious, sass-free question.
That was my question.
I then went into her Twitter feed and I said, afterwards, after some thought, That I have now come to the conclusion that people who flex, pun intended, their vaccination status, they think other people care about their vaccination status because they care about other people's vaccination status.
And I said, well, here's what I said to Kathy Griffin.
Why do you think anyone cares about your vaccination status, Kathy Griffin?
Serious, sass-free question.
And it was.
Why does she think we...
I'll admit, I post selfies.
When I catch a fish, I post it sometimes, depending on how big it is.
If it's this bad boy right here caught off a kayak, by the way, I post it.
I can appreciate that some people don't care.
I still think it's interesting to anyone who's into fishing.
So someone posted that they got their fourth booster's effers, they're posting it because they think other people find it interesting or because they think other people find it interesting because they are interested in it in other people.
And then the other tweet response was, then I went into her feed.
And I think that's where it becomes something that people block.
Here we go.
At this point, my conclusion is that people like Kathy tweet these idiotic, I got vaxxed boosted posts because they think other people care about their vaccination status because they care about other people's vaccination status.
Spoiler alert for a great many.
I don't care.
I never will care.
It's none of my business.
And that's that.
Blocked by Kathy Griffin.
My goodness, she can post...
She can take a picture of her holding a wax...
You know what she did.
I don't even want to say it.
But...
Hold on.
Yeah, dude.
Viva's face with that fish.
That was hands down the biggest pike I've ever caught.
Caught it off a kayak, but not a fishing kayak.
Like one of those Costco...
Pelican kayaks.
And I'm not complaining about it.
It's a beautiful kayak.
It's by mother-in-law's out in the townships.
But I was not equipped to handle that fish.
Oh, such a beautiful fish.
Anyhow, so that's it.
Blocked by Kathy Griffin.
The woman who's got a very high threshold for what she demands of tolerance for her own behavior.
Apparently I crossed that line with that question.
This is LaFroigue.
Because I found...
Tucked away somewhere.
It's like if you enjoy putting out a match in your mouth.
You know when you're a kid and you light a match and you put it out in your mouth and it's like the coolest trick ever because it goes out due to lack of oxygen and you're left with that sort of fiery, smoky taste?
That's what it's like minus the burnt upper soft part of your palate because when you're a kid you do stupid things like put out matches in your mouth.
Okay, so with that said, standard disclaimers.
Let's just see if we're demonetized already.
It's been four minutes and...
We're demonetized.
This video is running limited or no ads due to content identified as not suitable for most advertisers.
It remains fully playable and is eligible to earn subscription revenue.
And I shall ask for a review.
By the way, everybody, there's something going on in the algorithm-verse.
This has been happening systematically with every live stream that I've been doing.
It gets re-monetized afterwards.
I'm not saying it to create drama or to ask for sympathy.
Something is up in the algorithm.
It gets demonetized.
We're six minutes in for no reason.
It gets re-monetized afterwards, but it's fun to...
The price of freedom...
No, sorry.
The price of freedom is eternal vigilance?
What is the expression?
The price of liberty is eternal vigilance.
Oh, yes!
We're simultaneously streaming on Rumble.
Where's my phone?
Just to make sure all is good there.
This is amazing because David Anber is the attorney representing Randy Hillier.
I'm not doing that to be funny.
I actually have a...
I don't do it to be funny.
So, Randy Hillier, the Ontario MPP who is now facing criminal charges.
There we go.
We're on.
We're live.
500 watching.
Booyah.
So David Anber, who you might remember from such live streams as walking on the street at one point during the protests in Ottawa, came on to discuss a number of the Ottawa protest legal issues.
Ottawa attorney, I believe he can practice criminal law in Quebec and Ontario.
In fact, I know he can.
He's representing a number of the convoy protesters, people who are facing charges, including that elderly man, 4 '10", who was assaulted by the police officers during his arrest.
He's representing a lot of the people.
He's representing Randy Hillier, the Ontario MPP who has been arrested, released, and we're going to get to this, on charges of, what were they?
Some of them were nonsense, you know, inciting to commit an uncommitted felony.
The big charge was assaulting a police officer.
We went over all of this earlier today.
I posted the 16-minute clip on Viva Clips.
If you're not yet subscribed to there, go ahead and subscribe.
It's Viva Clips, and it's where I put clips from Viva Frye, hence Viva Clips.
He's coming on.
He's going to talk about it.
I was able to catch the last hour of the hearing on phone.
I was able to phone in.
There were over 150 people listening on phone Zoom and interweb Zoom.
They demonetize, so we do our part to remonetize.
But they remonetize it, Jeremy.
It's just...
Like, I guess I'm in the bad books, the initial bad books, and then they review it and see that they're, you know, maybe they're tracking words.
And so when they hear certain words, they presume there's certain video images.
And then when they just go see this mug in the basement talking law, they say, oh yeah, okay, fine.
Today's earlier stream was demonetized after five minutes, re-monetized afterwards.
And yeah, so that's it.
It's just, it's funny.
I only care about what happens when YouTube demonetizes something.
It suppresses the growth, obviously, because YouTube has a vested monetary interest in promoting the stuff.
Yes, it's off now.
I saw that earlier.
They have a vested interest in promoting the stuff that's monetized.
Anyhow, so that's it.
Viva, did you clip where you gave me a bit of poop?
Penny K, LOL.
No, but Penny, you could clip it.
Everybody should understand, if you post a meme, you post a comment, I'm not out there to humiliate, lambaste anybody.
There's a certain element of humor in when I dissect someone's comment.
If I find it interesting enough to dissect, insightful enough to dissect, or sufficiently lacking insight to dissect.
So, Penny K, I do think I recall the comment.
Stop it, Boomer boy.
Okay, so all that to say, I caught the last hour of the hearing today because Randy Hillier turned himself in at 7 in the morning.
CBC ran, you know, exclusive, just released the charges against Randy Hillier at 8.05.
The press release was issued at 8 o 'clock.
I see Amber in the background and I'm not going to keep him waiting for more time than I have to, except to finish the sentence.
Dave, I'll be with you in a second.
Heads up.
So, Randy Hillier was in court today to determine bail hearings, and from what I understand, there was an agreement on all points, except for one point.
And the, what do they call them, the Officer of the Peace, Dable, correct me on the terms, they had to litigate that, and the Officer of the Peace, the Justice, whomever, had to render a decision on the one disputed element of the terms of release of Randy.
And I got to hear it.
And I took notes.
I took notes, which I'll go over as we get in here.
Bambuga in the house.
Bambuga, thank you very much.
Okay, let's do this.
I don't want to have Dave waiting for too long because I know he's an actual practicing attorney, not a commentating attorney.
Dave Anber, how goes the battle, sir?
Doing well.
How are you?
Good.
Well, you know, the funny thing is talking to you is one thing, but hearing you when I'm listening to a court hearing, it's like it's a different world.
You realize.
That you're not just a person.
You're an actual practicing attorney in court fighting the battle in real time.
I mean, I guess, where do we start on this one?
Well, I guess I started my day at 4.30 this morning when I, as is often the case, I woke up having a dream about arguments I might want to be making in this bail matter.
And so once I wake up with that in my mind, I can't get back to sleep.
So I was...
At work about 5 o 'clock this morning, starting to prepare for...
I mean, we knew this was coming from yesterday.
I spoke with Randy, and I spoke with the officer, the detective, and the understanding was Randy would turn himself in around 7, 7.15 this morning, which he did.
And then the question is, would it be a bail hearing like Tamara Leach?
Or like Barber or like Pat King?
Or would it be a consent release like many of the other people who were charged with offenses?
So that was the million-dollar question.
Before you even get there, I've got a million-dollar question.
How does it come to be that Randy Hillier on a Sunday, who tips him off that charges are about to get pressed and that he'd better turn himself in tomorrow morning?
How does that even happen?
It's actually a pretty standard procedure.
I mean, police want to try and limit the amount of work they have to do.
I mean, they're very busy, of course.
And so when an investigation has reached the point where officers conclude they have reasonable and probable grounds, the standard which they need to arrest somebody, they'll usually reach out to the person and say, hey, we just want to let you know we're going to be charging you.
Can you come in at a scheduled time?
To get the charges.
In some cases, they'll let them know and say, we'll be releasing you right away.
In other cases, like in Randy's case, the police said, we will not be releasing you right away, but, you know, we want to get you to a justice of the peace or a judge that same day.
And so the idea is that if a person voluntarily turns himself in, the police don't have to go through the step of getting a warrant.
So it's, you know, it's easier for everybody to do it that way.
I'm going to read this.
No nonsense.
Wow.
A lawyer who cares so much.
He has dreams about his arguments.
The type of guy you want on your team.
It is...
This is very funny.
You should mention it.
And everyone in the chat might find this funny.
I had a dream last night about Nick Ricada.
I swear to you.
I woke up and told my wife, I just had a dream about Ricada.
That's...
We're all...
We get enveloped by whatever our bubble is at the time.
I mean, it's a good thing.
It's a bad thing to actually have dreams about your cases because it means...
You are 24-7, and I mean literally 24-7, absorbed by your cases, which means that you don't actually, even when you're sleeping, get the respite, the psychological break that you need.
But it is passion, and it's commendable, and I do think it's a good thing.
So you're dreaming about the case.
You know this is coming because...
Hillier gets tipped off yesterday.
We spoke on Sunday.
So I spoke with Hillier.
I spoke with the detective.
We knew this was coming.
So this morning I got to work looking at the law and also trying to find some case law on certain elements of this case because this case is a little different than some of the other ones.
I mean, it now turns out now that I've had a chance to see the charge sheet, which is sort of like a very summary.
Compilation of all the allegations.
There are a number of charges that are very much like a lot of the other charges, basically accusing Randy Hillier of participating in the Freedom Convoy, of encouraging people to show up at the Freedom Convoy, at telling people not to leave when officers were telling them to leave the Freedom Convoy.
And so we have some of those offenses which sort of hinge on the illegality, so to speak, of the Freedom Convoy itself.
And a lot will be debated over whether or not the Crown will prove that.
But certainly the Crown feels they've got a good case and that is the basis on which they've been bringing the charges against so many.
But Randy Hillier has a couple other charges in addition to those sort of three that I just mentioned.
Participating in, encouraging other people to participate in and also deterring people from leaving.
Randy has this allegation that he encouraged people to Tie up the 911 lines.
And there's this other allegation that he assaulted a police officer when he brushed him or touched him with a barrier or made him feel intimidated to not intervene.
And so he was charged with obstructing and with assaulting that officer.
I was trying to pull up the tweet, but I can't find it right now.
It's not worth it.
But the charge sheet to which you refer, is that what the CBC journalist tweeted out at 8.05 this morning?
Well, no.
What happened was, so the police, and this is, I'm sort of going to take you through the day, okay?
So the police, when their investigation is concluded, or at least the initial phase of the investigation, because it can always continue, they will do up a few documents.
One of them is called a charge sheet.
It'll have, first of all, a file number on it that is appropriate to the file number before the court.
It'll list the charges.
It'll also list the synopsis of the facts for each of the charges.
Now, that wasn't done.
Early this morning, which I was expecting it to have been done.
Now, the police did themselves settle on what charges they were going to be relying on.
And that's what they tweeted out themselves and put out in a press release.
And that's what the media caught on to.
So it contained the charges that would ultimately be in the charge sheet.
But the charge sheet wasn't done until into the afternoon.
And that was what some of the delay was.
I was getting calls and emails throughout the day from various media outlets.
Who wanted to be kept up to speed.
And I made contact with the Crown early in the morning.
And we had some very tentative discussions about what might happen.
But I would need to see that charge sheet before we could really move forward with any real discussions.
And for reasons that I'm not entirely clear of, which also includes reasons that I might not be able to get into, really, at least in this format right now, is the charge sheet wasn't provided until the afternoon, sometime after 2 o 'clock.
And it was around that time that I also then accelerated the discussions with the Crown prosecutor.
They sent me a draft of the terms that they wanted to include based on the discussions we had in the bail.
So that was sort of early, let's say two o 'clock just after the lunch break.
And I went through the conditions and I went through them with Randy on the phone.
I called him up at the cell block and I went through the conditions with him.
And I mean, some of them were, I think straightforward.
Reside at a particular address and not change the address without permission or without notifying the officer in charge.
Some of them were a little more onerous.
For example, he can't enter the city of Ottawa.
I mean, the downtown core in particular between Booth Street and the Ottawa River.
Before we get to that, let me just bring this up.
This is what we're looking at right now.
This for immediate release.
This is not the charge sheet, but the press release coming from the police?
Right.
That's a press release.
And just again, I'm not able to, because the charge sheet forms technically part of disclosure, and disclosure can't be publicly shown.
So I'm just going to try and describe it for you.
The charge sheet will have the file number at the top right corner, and then it'll list each of those charges that you have in bullet points on the screen there, but it will list it in the formal wording.
So it'll say something like, That on or about between the days of January 20th and February 20th in the year 2022, Randy Hillier in the City of Ottawa in the East Region did commit the offense of mischief to property exceeding $5,000.
So it'll have a long-form wording of each of the charges.
And then after it lists the nine charges, it'll then summarize the facts and connect those to the nine charges.
Something like, I say not like an indictment or a grand jury indictment, something where they lay out the more substantive allegations but still not full disclosure.
Right.
But let me just ask you this because I was looking at this this morning and I'm not a criminal lawyer.
I can just surmise.
The X1, X2, that means times one times two charges for each of these specific charges.
All right.
And so my question...
Dave, I'm going to ask you the questions, and if you can't answer them, you'll obviously tell me.
Mischief, obstruct property, exceeding 5,000, clear enough.
Counsel on uncommitted indictable offense, clear enough.
Mischief, obstruct property, the same one.
I don't know why they have two of them, but I suspect it's two different occasions, but maybe we can set that aside.
Okay, hold on a second.
Did Dave's audio for anybody listening start glitching out?
Dave, let me hear you talk again.
Yeah, I'm here.
Your audio seems to have gotten bad for me, but let me see if it is bad for other people.
Yes.
Are you plugged into anything?
I don't know.
Yeah, he's glitching.
Okay.
Are you just using your computer audio?
Yeah.
Now you're muted.
Can you maybe take it off the screen that you have with the...
No, no.
It's good now.
It's good now.
It's better now.
I can hear you.
You're fine.
I think your computer was shaking or something.
Oh, what did I just do?
I just lost it, for goodness sake.
You're talking about boomer audio.
It goes from boomer audio to boomer me.
The one...
Now you're...
It sounds bad again.
Okay, but hold on.
We'll see.
Just the charge that I'm interested in and the one that takes time to investigate.
Assault peace officer or public officer.
So now I'm going to bring this out and just maybe that was what was going on with the audio, but I doubt it was.
That's the one.
Now, I said this morning when I'm just, you know, hypothesizing, how can it be that it took 30 days plus to bring the charge of assaulting a police officer or intimidating?
I mean, these are things that you'd know the moment of.
And I said, hypothetically, They had to fish through video surveillance or video footage to find a moment where something happened like, oh, now we can lay that blame on Randy Hillier.
I listened to...
Okay, hold on.
Hold on, now you're totally glitching out.
Yeah, log out and come back in.
Okay, let's see if this works.
Yeah, we're not even going to live with that.
That's worse than James Topp.
Marching through Canada.
So it seemed, just to fill in the blank for anybody who wasn't watching, earlier today I pontificated, hypothesized that the only way that you can come out with an assaulting a police officer 30 plus days later is if it was so obvious at the time that you had to go fish through video surveillance in order to hear it.
And listening to the officer of the peace hearing, and I took notes.
Which is not unlawful, and I'm not rebroadcasting any portion of it.
I'm just going to go to my notes that I took.
It turns out that by the sounds of it, the assaulting a police officer had to do with a barricade of sorts.
Let's see if this is better.
David?
Can you hear me now?
Beautiful.
Okay.
Now, I was just telling the crowd what I heard during the hearing where it turns out that...
The hypothesis of the assaulting a police officer, the absurd hypothesis as to how it took over 30 days to come down with that charge seems to be something accurate that they had to fish through video evidence to determine that charge.
Well, let me just walk you through.
Counts number 6, 7, and 8 are the ones that deal with that incident.
It's an obstructing an officer, Shumberland, and assaulting that same officer.
Dave?
Yep.
Audio, it's not working.
Can you do it on your phone?
Do it on your phone.
It'll work.
Yeah, it's not unlistenable.
It's unhearable.
And I'm not blaming you.
I think his computer is glitching.
It's not a connection issue.
Well, in the meantime, we're going to take a joke from the real Bamboon guy.
It says, for those of you who are wondering, yes, Viva is being sarcastic, suggesting that it took 30 entire days for a police officer to realize she'd been...
Well, that was my whole point.
I said, all of those other charges, I can understand it took 30 days to investigate.
Some of them dealt with social media posts, which we're going to get into.
The one I said made no sense as to how it took 30 days was assaulting a police officer.
That happens, you're in cuffs the moment of.
Oh, and I said earlier today, like, oh, did he pat a cop on the shoulder and say, good job?
And they're like, oh, that felt like assault.
And that's actually what it sounds like it turns out to be.
Let's see here.
David?
Yes?
Oh, my God.
Is that so much better?
Not only is it better, I think the image is better.
All right.
Well, there you go.
All right.
All of a sudden, everybody in the chat is a computer engineer.
I think it's your computer, but it doesn't matter.
All right, now I'm just going to get totally neurotic.
Tilt your camera down a little bit.
All right, so I'm going to try and recap what I've said a few times and see if I can get it right this time.
Do it.
So counts number six, seven, and eight is the incident involving the two officers on Parliament Hill.
The allegation is that in the late morning with Maxime Bernier and other participants, Mr. Hillier wanted to enter Parliament Hill with a bullhorn.
And was told by the officers that he couldn't bring the megaphone or the bullhorn in.
And the allegation is that there's some dispute that Mr. Hillier allegedly moved or through the metal gate.
I mean, it says through, but that's really not consistent with what we see in the video.
And that the officer felt threatened.
When Mr. Hillier basically suggested, as the charge sheet indicates, to sort of let it go.
So that's really where the assault and the obstruct officers come from.
It's from that incident.
Dave, I mean, I know you're going to, at some point, if this goes to trial, you're going to cross-examine that police officer.
Have you any idea if, in the moment, that officer felt assaulted or felt intimidated?
Or is this, hey, let's go find some video evidence.
Oh, there, it looks like he nudged somebody with his elbow.
Go find that, officer.
Wink, wink, nudge, nudge, the sinister side of corruption.
Well, it says he was physically intimidated and felt that continuing to try and get the megaphone would result in an assault.
So it's written in a very tentative manner.
And again, this is the words of the investigating officer summarizing what he understands the evidence to be.
So I have not seen the full disclosure, okay?
So I've not seen the full evidence.
So certainly we're at a stage, at the bail stage, where we get a very limited understanding of the facts right now.
But the video I've seen...
Does not disclose Mr. Hillier committing an assault of any kind.
And Mr. Hillier certainly denies committing an assault.
So those three charges right there are adamantly denied by Mr. Hillier.
And look, people are going to accuse me of being too friendly with you, but the bottom line is I don't believe those charges.
Period.
I said jokingly, assaulting an officer or intimidating an officer, you're in cuffs the day of.
An officer saying I felt intimidated to take a bullhorn away, I'm sorry, officer.
That's your job, if that's what you think your job is at that moment.
You're like, oh, I'm not doing my job anymore because I feel intimidated by a member of provincial parliament with a bullhorn.
And then a month later, ring him up on charges of assaulting and threatening a police officer.
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