In this video, I read the introduction section to my report on the events of April 18-19, 2020 in Portapique and other areas of central Nova Scotia, and the Mass Casualty Commission that followed. 'Deficits of Trust' is available as an e-book through these retailers;

Smashwords - https://www.smashwords.com/profile/view/ARodg19
Apple Books - https://books.apple.com/.../deficits-of.../id6444015396
Kobo - https://store.kobobooks.com/en-us/Search?Query=9781778104206
Barnes & Noble - https://www.barnesandnoble.com/s/2940165954481
Scribd - https://www.scribd.com/search?query=9781778104206&language=0

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This week, I provide a legal analysis of the appearances of federal cabinet ministers and the Prime Minister at the Emergencies Act Inquiry. The participants had been trying all week to figure out the legal advice the government had been given about the EA, but all cabinet ministers, including the Justice Minister, had refused to say what that advice had been, citing solicitor-client privilege. In last week's video, I speculated on what that advice may have been, and my views were effectively confirmed by the Prime Minister on Friday in his testimony. I discuss how that will be viewed by Justice Rouleau as he makes his determinations as to whether the extraordinary powers under the Act were justifiably invoked.
In this video, I also discuss the Nova Scotia Mass Casualty Commision closing submissions, dealing with policing recommendations and the important recommendations for changes to the legal structures around domestic violence complaints.
Two other stories I briefly cover are a child protection decision out of NS where the Justice laments that Courts cannot order contact with biological parents when a permanent care order is made, and the Scottish government's failed attempt to convince the Supreme Court there that they alone (rather than the UK Parliament) can authorize a referendum on independence. This latter decision will have an impact on independence movements in other countries as well, including any Canadian province which might be considering such a move.

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This week, I discuss some reconciliation videos being filmed, including one I did with Chief Stephen Augustine on the legacy of Donald Marshall Jr., the most impactful individual litigant in Canadian history, in my view.
In the news this week, the NS Mass Casualty Commission continues to release new information, even though proceedings have concluded. This week featured a memo regarding the Onslow Belmont Fire Hall shootings, which was quite critical of the officers who did the shooting, and SiRT for clearing them of liability.
The NS Court of Appeal wrote an unusual letter to the NS Bar Society complaining about the large number of appeal hearings being adjourned in recent months.
A doctor from Amherst has had three sexual assault charges stayed, as the court tries to sort out whether a Crown prosecutor who had previously represented a potential victim in a civil suit against the doctor is in conflict.
NS Power has extortionary legal authority by virtue of the NS Power Privatization Act. One is an insulation against liability for power outages. I discuss how that might change.
Finally, this week in the Emergencies Act Inquiry, the National Security Advisor to the Prime Minister sought to re-define how the Inquiry should interpret what it means to be a "public order emergency". I discuss why I do not find her submission persuasive.

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This week in Canadian law, the Emergencies Act Inquiry looked at the protests that were taking place at the Ambassador Bridge in Windsor, ON, as well as those at Coutts, Alta. In both cases, evidence presented seems to show that both protests were disruptive, but that the Emergencies Act was not necessary to deal with them.
Also during the Inquiry, one of the lawyers collapsed in the middle of questioning a witness. I discuss how a lawyer needs to be physically ready for court in order to be mentally sharp when it matters.
This week the Supreme Court of Canada upheld a mandatory minimum sentence for a woman convicted of importing nearly 2kg of cocaine through the Toronto Pearson Airport. This broke something of a trend of courts striking down Harper-era legislation on sentencing. The SCC said that it was up to Parliament to make changes to this legislation, as it did not offend the Charter as it was applied here, despite the accused being an Ojibwe woman and the issue of overincarceration of indigenous offenders.
Next, I review C-11 and C-18, both of which deal with online content regulation in Canada. C-11 would allow the CRTC to regulate user-generated content, and C-18 would restrict how news articles are shared on social media. Combined, these Bills would restrict freedom of expression online, and are not an appropriate response to revenue issues in the traditional media landscape.
Finally, I review a criminal case out of the NS Court of Appeal, where the Court reviewed how apologetic text messages sent after an alleged sexual assault may be used in a trial. It is not correct to have "repetition enhance credibility" but okay where the content amounts to an "admission".

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This week on the Rodgers Brief, I analyze the major law-related news stories of the week. The main topics this episode are;

1. The Emergency Act Inquiry in Ottawa. This week the protest 'leaders' take the stand, seemingly to show themselves as disorganized and non-violent.
2. The Ontario government has announced that it will use the Notwithstanding Clause in the Charter of Rights and Freedoms to stop a strike from happening in the school system.
3. A group of private citizens is trying to organize what they call the National Citizens Inquiry, which would look into the government response to the Covid-19 pandemic. A private inquiry does not have the legal legitimacy of a public inquiry, but may yet have some value.
4. Lisa Banfield has filed a lawsuit against the Federal and Nova Scotia governments for having charged and prosecuted her for supplying ammunition to her spouse, Gabriel Wortman. I assess the strength of the lawsuit, and identify some of its weaknesses.

Other stories I mention include the Luomba case out of Quebec, dealing with racial profiling during traffic stops, an announcement that an independent land claims process has been agreed upon by First Nations leaders and the Federal government, and C-18, the Online News Act, which is a pay for clicks piece of legislation which has the potential to infringe considerably on our freedom of expression rights.

I will be joining Jordan Bonaparte and Paul Palango tonight at 9:15 to discuss the Banfield lawsuit, and other Mass Casualty Commission issues. Here is the link for the Nighttime Podcast YouTube channel.

https://www.youtube.com/c/NighttimePod

If you are interested in purchasing my alternate MCC report, Deficits of Trust, you can find it here;

Smashwords - https://www.smashwords.com/profile/view/ARodg19
Apple Books - https://books.apple.com/.../deficits-of.../id6444015396
Kobo - https://store.kobobooks.com/en-us/Search?Query=9781778104206
Barnes & Noble - https://www.barnesandnoble.com/s/2940165954481
Scribd - https://www.scribd.com/search?query=9781778104206&language=0

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This week I analyze the proceedings of the Emergency Act Inquiry (including Premier Ford's invocation of parliamentary privilege in refusing to testify), the Canadian Civil Liberties Association victory over NS Public Health at the NS Court of Appeal re: an injunction against protesting the Covid-19 restrictions, a BC Supreme Court case on mandatory vaccine policies in non-union workplaces (the first such decision in Canada), Dal Law's new course on African Nova Scotian legal history and Critical Race Theory, the Annapolis Group victory over Halifax at the Supreme Court of Canada re: lands in Birch Cove Lakes, and President Biden's pardoning of Americans with Federal marihuana convictions and how that compares to the Canadian approach.

I will be joining Jordan Bonaparte on the Nighttime Podcast tonight (Sunday, Oct 30th) from 8:30-10pm to discuss my Mass Casualty Commission alternative report, which is published as an ebook, and is called "Deficits of Trust". I will be on the live YouTube show along with author Paul Palango.
https://www.youtube.com/c/NighttimePod

You can find the book (and read 15% of it as a free sample) on the following links;

https://www.smashwords.com/books/view/1174444
https://books.apple.com/ca/book/deficits-of-trust-the-rodgers-brief-report-on-the/id6444015396

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Welcome to the new version of The Rodgers Brief. Instead of daily analysis of the NS Mass Casualty Commission, I will be doing weekly summaries of news stories with legal angles which are either underappreciated or which I think you will find interesting.
This week, I examine;
1. Week 1 of the Emergencies Act Inquiry
2. Hockey Canada and the issue of non-disclosure agreements in sexual assault cases
3. Dalhousie Homecoming street parties
4. Antigonish Town and County consolidation votes
5. New recordings released by the Mass Casualty Commission of the RCMP conference call which generated national political controversy

I hope you enjoy the new format. For those interested in my alternate report on the Mass Casualty Commission, you can follow the link below to check out the ebook. The first 15% is available as a free preview;
https://www.smashwords.com/books/view/1174444

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I am excited to announce that The Rodgers Brief Report on the April 18-19, 2020 mass shooting in Portapique and central Nova Scotia, and the Commission of Inquiry that followed, is now complete. It will be released as an E-Book on Wednesday, October 19, 2022, and will be available on all platforms.
The Report is 125 pages long, and broken up into three parts. Part 1, "A History of Violence, Ignored", looks at what we have learned about the killer. Part 2, "What Really Happened" examines the 13-hours of the killing spree, identifying key turning points and critical decisions made over that span. Part 3, "Traumatically Misinformed" looks at what went wrong with the Mass Casualty Commission, and what other inquiries can learn from it.
Like all of my reviews and analysis pieces on the MCC, this Report is written for a general audience, though law students and those studying or setting up inquiries would benefit from the content as well. It is written somewhat as a legal brief, building a case for the recommendations that I think emerge from what we have heard throughout the MCC proceedings, and beyond.
While we all wait for the official MCC report, now due at the end of March, 2023, this Report can be an added perspective that people may find persuasive. When the official report comes out, mine may be a useful comparator.

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There were four presentations today, the final day of proceedings in the Mass Casualty Commission, followed by closing remarks from the three Commissioners.
Ben Perryman from the BC Civil Liberties Association gave a clear and insightful closing, identifying the failures of policing, the hostile stance towards the inquiry taken by the RCMP, and the lack of oversight currently available for citizens when it comes to policing in NS.
The NS Department of Justice made a very brief presentation, consistent with their near total absence from the MCC. They made no real recommendations, and spent most of their presentation summarizing the process and themes of the MCC without saying anything substantive about them.
The National Police Federation spoke about the courage of the officers who responded to the initial call, and the difficulties they have had since the events in the face of public criticism.
The Federal DOJ lawyer was emotional about some aspects of the events, but spent much of her presentation stressing how unprecedented this all was, and how the RCMP should be cut some slack.
The Commissioners vapid final remarks gave no hint as to what they might be considering including in their recommendations. They simply listed the titles of the reports that were filed, thanked everyone, and urged the public to help implement whatever recommendations may emerge in their report.

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