Freedom Convoy Lawyer Facing $2M Lawsuit for Nazi Flag Claim Against Public Affairs Firm, Senior Executive

Security escort Freedom Corp. counsel Brendan Miller out of the hearing room at the Public Order Emergency Commission hearing in Ottawa on Nov. 22, 2022. The Canadian Press/Adrian Wyld

Freedom Convoy lawyer Brendan Miller is facing a $2 million defamation lawsuit from public affairs firm Enterprise Canada and one of its senior executives, Brian Fox, following a claim that the latter attended the Convoy protests in Ottawa last winter while carrying a Nazi flag.

Enterprise Canada called Miller’s claim “widespread dissemination of false and malicious statements” in a statement published on Dec. 21.

“Mr. Miller’s claims that Mr. Fox and Enterprise Canada were involved in any way in the ‘Freedom Convoy’ protests in Ottawa are patently false, deeply offensive and damaging to the reputation of both Mr. Fox and Enterprise Canada,” it said.

The statement added that Fox, who is a principal at Enterprise, hasn’t been in Ottawa since 2019 and was “500 kilometers away in Toronto” on Jan. 29.—the day Miller alleged he was in Ottawa.

“Mr. Fox and everyone at Enterprise Canada stand firmly against the hatred represented by the symbol Mr. Miller referenced.”

Miller made the claim during public hearings on Nov. 21 at the Public Order Emergency Commission (POEC) while questioning Canada Security Intelligence Service (CSIS) Director David Vigneault about his agency’s knowledge of the Nazi flag present at the Convoy protest and its carrier in connection to Enterprise Canada.

Vigneault testified he wasn’t “specifically” aware of Enterprise and added that CSIS previously had shared details of its investigations with POEC commissioner Paul Rouleau.

“I would not be able to go into more specific detail,” he said.

Miller also asked Emergency Preparedness Minister Bill Blair during his POEC testimony on Nov. 21 whether he knew who Fox was.

“Have you heard anything about the individual carrying the Nazi flag actually not being a protester, but somebody sent there so that photos were taken?” Miller asked.

“Only from you, sir,” Blair replied.

Nazi Flag

Reporters in Ottawa on Nov. 21 asked Miller why he named Fox as the individual at the protests carrying the Nazi flag.

“Because we have a witness in our application who had met the person with the flag on the day he was running around with it and can identify him as Mr. Fox,” Miller said.

Enterprise Canada President Jason Lietaer called the allegation “patently false.”

“An unhinged allegation. We don’t know where it came from. We don’t know why this has come up,” Lietaer said on an episode of CBC’s Power & Politics on Nov. 22.

“Brian Fox is a conservative, by the way,” he added. “That’s where this allegation is coming from that we’re somehow, our firm, is trying to help the Liberal party or Mr. Trudeau. ”

On Nov. 23, POEC commissioner Rouleau issued a ruling dismissing a request made by lawyers representing the Convoy organizers that Enterprise Canada be compelled to produce documents and that Fox be compelled to testify at the commission.

“As troublesome as Freedom Corp.’s allegations might be, even if they had been supported by compelling evidence the fact is that they would have little, if any, relevance to the key issues that the Commission must determine,” Rouleau wrote.

Noé Chartier contributed to this report.