66. On March 24, 1996, I read copies of the threatening communiqué
and the press release communiqué. They contain the following statements:
(a) The press release communiqué starts out with "fur is dead"
and explains that "enclosed you will find a booby trapped envelope".
It does on to explain that there is no "infected blood" in this
envelope but claims to have sent eighty-seven (87) across Canada to retail
stores "who profit from the sale of fur." It refers specifically
to the HOLT RENFREW stores. They refer to their action as "war"
and that "people die". They chastise the media for "appeasing
their advertisers" instead of printing "honest facts". It
ends with the "JUSTICE DEPARTMENT".
(b) The threatening communiqué starts out with "fur is dead"
then goes on with "And hopefully so are you". It claims that
the razor blades are coated with AIDS-infected blood in hopes of "eliminating
scum like yourself from the earth". It too reports that "this
is war, and in war people die. Enough animals have been killed, now it's
your turn". It further states that "You have 6 months to shut
down your business. After that you will start receiving explosive devices
which WILL kill you. This is not a joke." It ends with the "JUSTICE
DEPARTMENT".
67. On March 31, 1996, I attended at the Lower Mainland Mini-Storeroom
at 1396 Richards Street, Vancouver to routinely check locker 5525. I examined
the locker from the outside and determined that:
(a) my "markers" which I had placed covertly to ascertain whether
the locker had been opened since the last check, were missing.
(b) a gold coloured piece of plastic moulding approximately one foot in
length had been placed in the crevice between the lower left had bottom
of the door and the frame of the locker by a person or persons unknown.
68. On March 31, 1996, at 1006 hrs, I removed the videotape from the videotape
recorder which has been recording the area in front of locker #5525 on
the continuous basis for 12 hour sessions from a covert video camera since
January 12, 1996. That I personally viewed this videotape and observed
the following occurrences:
(a) On March 30, 1996 at approximately 0956 hours, a male known to me as
Darren Todd THURSTON gained access to locker # 5525 by using a key. He
arrived carrying what appeared to be a larger sealed envelope.
(b) THURSTON removed the brown file box inside the locker and placed it
on the floor in front of the locker. He began examining the contents. He
placed the larger sealed envelope beside the file box.
(c) THURSTON at one point held up a white envelope to the light to observe
the contents. It is my belief that this is the envelope containing the
nine volt battery connectors. He lowered the envelope out of sight of the
camera.
(d) THURSTON examined the contents for approximately three minutes before
replacing the lid on the file box and returning the box to the locker and
locking it back up with the padlock.
(e) THURSTON began wiping the padlock with the sleeve of his coat to remove
any fingerprints.
(f) THURSTON had placed the envelope he arrived with into the file box
prior to closing the file box up. He also removed an envelope from the
box as well as what appeared to be the nylon wallet containing pieces known
to have contained pieces of identification in different names. He appeared
to put the wallet in his right coat pocket.
(g) THURSTON examined the contents of the envelope he removed from the
file box which appeared to be the plastic bag containing the gelatinous
substance. He replaced the plastic bag into the envelope. He appeared to
place this under his left arm or put it in his left coat pocket.
(h) THURSTON started to walk down the moveable stairs to depart but then
stepped back in front of the locker. He disappeared from sight, then re-appeared
with what I believe was the gold coloured piece of moulding. THURSTON inserted
this moulding into the crevice between the door and the frame, then also
wiped his fingerprints from the moulding. THURSTON then left the area.
69. It is my belief that THURSTON and his associates are responsible for
the razor blade campaign initiated against the Guide Outfitters in January
of 1996 in which the "Justice Department" claimed responsibility.
It is also my belief that THURSTON and his associates are responsible for
the recent razor blade campaign initiated against the fur retail outlets
across Canada in March of 1996 in which the "JUSTICE DEPARTMENT"
claimed responsibility.
70. It is my belief that THURSTON and his criminal associates are continually
planning campaigns in support of their various causes which involve both
criminal and legitimate activity. I believe that their criminal activity
is escalating which may involve the sending of explosive devices. The threatening
communiqués from the JUSTICE DEPARTMENT in March of 1996 state "...you
will start recieving (sic) explosive devices which WILL kill you".
71. On April 2, 1996, I appeared before the Honourable Judge GODFREY, a
Provincial Court Judge for the Province of British Columbia and swore an
Information to Obtain a Warrant pursuant to Section 487,01 of the Criminal
Code of Canada. Judge GODFREY subsequently issued a Warrant under Section
487.01 authorizing Peace Officers to enter Locker # 5525, situated at 1396
Richards Street, Vancouver, B.C. to:
(a) examine the contents of Locker # 5525, located at the premises, including
the contents of the file box contained in the aforesaid Locker # 5525,
to ascertain whether any other items have been placed in the box since
the box was last examined by members of the Royal Canadian Mounted Police
on January 12, 1996.
(b) examine the contents of Locker 5525, located at the premises, including
the contents of the file box contained in the aforesaid Locker # 5525,
to ascertain whether any items have been removed since the box was last
examined by members of the Royal Canadian Mounted Police on January 12,
1996.
(c) mark the contents of Locker #5525, located at the premises, including
the contents of the file box contained in the aforesaid Locker #5525, with
an ultra-violet marking pen for the purposes of future identification.
(d) photograph the contents of Locker #5525, located at the premises, including
the contents of the file box contained in the aforesaid Locker #5525.
72. On April 2, 1996, at 1957 hours, I along with other Peace Officers
attended at Lower Mainland Mini-Storeroom situated at 1396 Richards Street,
Vancouver, B.C., and executed the Warrant issued by Judge GODFREY on Locker
#5525 and did the following:
(a) examined the contents of Locker #5525, located at the premises, including
the contents of the file box contained in the aforesaid Locker #5525, and
ascertained that a light brown sealed envelope had been placed inside the
file box since the box was last examined by members of the Royal Canadian
Mounted Police on January 12, 1996. Inside the envelope were eight (8)
blank "National Union of Students" cards for eight (8) different
universities throughout Great Britain. There were also eight (8) preprinted
cards listing the goals of the "National Union of Students".
These cards could be used as the reverse side of the previously mentioned
Student Union cards when laminated together. The list of Universities are
as follows:
(i) University of Liverpool
(ii) University of Glasgow
(iii) University of Cardiff
(iv) University of Manchester
(v) University of West London College
(vi) University of Birmingham
(vii) University of South Hampton
(viii) University of Sheffield
Also inside the envelope were two (2) military manuals described as:
(i) TM31-201-1
Department of Army
Technical Manual
Conventional Warfare and Devices and Techniques
INCENDIARIES
HQ Department of the Army
May 1966
"United States of America War Office" seal was on the front cover.
(ii) Department of the Army
Field Manual
FM5-25
EXPLOSIVES AND DEMOLITION
HQ Department of the Army
May 1967
(b) examined the contents of Locker #5525, located at the premises, including
the contents of the file box contained in the aforesaid Locker #5525, and
ascertained that the following items had been removed from the box since
the box was least examined by members of the Royal Canadian Mounted Police
on January 12, 1996.
(i) the dark green nylon wallet and pieces of identification in the names
of:
Kelly John WHYTE (Date of Birth: 1966.07.15)
Andrew James MACLACHLAN (Date of Birth: 1968.05.29)
Leanne Marie GAUTHIER (Date of Birth: 1969.01.27)
The piece of ID in the name of Kelly John WHYTE is a British Columbia Identification
card with a photograph of THURSTON, who members of Vancouver NSIS recognize
as Darren Todd THURSTON. This was issued on May 30, 1996.
(ii) A brown envelope containing a ziplock plastic bag in which the yellow
gelatinous substance.
(c) photographed the contents of Locker #5525, located at the premises,
including the contents of the file box contained in the aforesaid Locker
# 5525.
73. On April 29, 1996, C/M BEVERIDGE of the RCMP Forensic Laboratory in
Vancouver, British Columbia, forwarded a report to myself in regards to
a 9 volt battery connector used in the ZUNDEL parcel pipe bomb. I have
read that report which show the following results/conclusions:
(a) The shape and dimensions of the battery connector depicted in photographs
of x-ray images from the ZUNDEL parcel pipe bomb are similar to those of
the battery connectors used in the ALTA Genetics, SCOTT, and MACKENZIE
Institute parcel pipe bombs, as well as to the 9 volt battery connectors
found in the THURSTON locker.
74. On June 7, 1996, C/M BEVERIDGE of the RCMP Forensic Laboratory forwarded
a report to Cst. LABOSSIERE. The report dealt with the examination of the
utility knife blades from the second campaign from the "Justice Department"
to the fur retail outlets across Canada to compare them to ones purchased
from Staples, a stationary store in Vancouver, British Columbia. I have
read that report which show the following results/conclusions:
(a) The utility knife blade sent by the "Justice Department"
were the same in overall dimensions - the width, length and thickness,
as well as elemental composition. Further, the end section of each blade
had the same curved configuration.
(b) the construction of both exhibits was consistent with having originated
from the same manufacturer.
75. On April 23, 1996, Patricia J. DONALD, an Agent specially designated
in writing by the Attorney General of British Columbia for the purposes
of section 185 of the Criminal Code, and I appeared before Associate Chief
Justice DOHM of the Supreme Court of British Columbia. Pursuant to section
185 of the Criminal Code, Patricia J. DONALD made an ex parte Application,
supported by my Affidavit sworn on April 23, 1996, for an Authorization
to intercept Private Communications. Pursuant to section 185 of the Criminal
Code, Associate Chief Justice DOHM granted Authorization P.23/96.
76. During the term of Authorization P.23/96, there were approximately
nine thousand and seventy three calls intercepted on telephone lines, both
audio and facsimile.
77. Following the granting of Authorization P.23/96, a monitor room was
established at RCMP Headquarters situated at 5255 Heather Street, Vancouver
for the purpose of monitoring the communications intercepted pursuant to
Authorization P.23/96. RCMP personnel monitored the intercepted private
communications and compiled a log of each individual conversation, which
is an overview of the entire conversation. The logs were read by investigators
from Vancouver NSIS and from these logs, reports were made of the content
of these logs which were deemed possibly relevant to the investigation.
These reports are a combination of intercepted information as well as information
from other investigative techniques being utilized by NSIS investigators.
I have personally read some of these logs from various intercepted conversations
as well as facsimile interceptions. I also listened to selected conversations
from the interceptions. A briefing was held virtually on a daily basis
by Vancouver NSIS investigators and the information from the daily interceptions
was presented and discussed by investigators. From all the sources of information
described above, the following information was compiled:
(a) THURSTON had been in frequent contact with persons who identified themselves
as Todd Divain FERGUSON, Ajith ALUTHWATTA, and Mark McALPINE; all of whom
are actively involved in the Anti-Racist Action ("ARA").
(b) On April 30, 1996, at approximately 1323 hours, THURSTON called FERGUSON
and they discussed an incident believed to be a pipe bomb that exploded
in Calgary prior to this date. FERGUSON made reference that he doesn't
have any idea who would have done it. THURSTON asked if "what's his
name" was in town making reference to George BURDI. On May 15, 1996
THURSTON advised Todd FERGUSON that some people are moving. He refers to
Charles SCOTT as an example and states he has found out where Charles SCOTT
is living and that he was living on the border out in Yahk, B.C. They continued
a conversation at the Youth Centre that has done some work into organizing
against racists.
(c) On May 20, 1996 at approximately 1656 hours, THURSTON advised McALPINE
that he has been working for the past year and one half compiling intelligence
on White Supremacist members. THURSTON advised that other people from Edmonton,
Calgary, Toronto, and other cities are adding information to his database.
It is described as containing information about a range of people from
"Ernst ZUNDEL to your local bonehead"; a name utilized by THURSTON
to describe skinheads. During the conversation, THURSTON appeared to look
up ZUNDEL's name in his database and to recite information that he has
compiled on his intelligence file. He made reference to ZUNDEL as being
part of the Heritage Front, Liberty Net, C.R.T.C. and having an address
at 206 Carlton Street, Toronto, Ontario. He included the information that
ZUNDEL had immigrated from Germany to Canada in 1958 and still holds a
German citizenship. He was a commercial artist in 1951. THURSTON made a
comment that his data base is really detailed. McALPINE stated that he
would like a copy of that information. THURSTON went on to explain that
his database has everything including people, racist publications and organizations
and any information he knows as to who belongs to those groups and affiliations.
Other information provided by THURSTON included talk about SHARP. THURSTON
discussed the possibility of him attending an upcoming ARA conference which
is being held in Toronto, Ontario.
(d) There were an extensive number of calls involving references to the
constant use of computers and, specifically, the Internet and E-mail. THURSTON
made numerous references to sending and receiving E-mail. THURSTON and
his associates appear to utilize the Internet and E-mail for the majority
of their communications. There was also a conversation in which FERGUSON
talked about encrypting information on a disk and forwarding it to THURSTON.
FERGUSON then stated he would E-mail the passcode to THURSTON once he received
the disk.
(e) THURSTON was given a lap top computer financed by BLOOM. THURSTON stated
to BLOOM that he required it as he was leaving for approximately 2 months
on a holiday and he would require the lap top to enable him to have constant
access to the Internet. THURSTON had also purchased accessories for upgrading
his lap top. He provided BLOOM's MasterCard number __________ to purchase
these items.
78. On June 19, 1996, Patricia J. DONALD, an Agent specially designated
in writing by the Attorney General of British Columbia for the purposes
of Section 185 of the Criminal Code, and I appeared before Associate Chief
Justice DOHM of the Supreme Court of British Columbia. Pursuant to Section
185 of the Criminal Code, Patricia J. Donald made an ex parte Application,
supported by my Affidavit sworn on June 19, 1996, for the Authorization
to Intercept Private Communications. Pursuant to Section 186 of the Criminal
Code, Associate Chief Justice DOHM granted Authorization P.29/96
79. Following the granting of Authorization P.29/96, a monitor room was
established at RCMP Headquarters situated at 5255 Heather Street, Vancouver
for the purpose of monitoring the communications intercepted pursuing to
Authorization P.29/96. RCMP personnel monitored the intercepted private
communications and compiled a log of each individual conversation which
is an overview of the entire conversation. The logs were read by investigators
from Vancouver NSIS and from these logs, reports were made of the content
of these logs which were deemed possibly relevant to the investigation.
These reports were a combination of intercepted information as well as
information from other investigative techniques being utilized by NSIS
investigators. I personally read some of these logs from various intercepted
conversations as well as facsimile interceptions. A briefing was held virtually
on a daily basis by Vancouver NSIS investigators and the information from
the daily interceptions was presented and discussed by investigators. From
all the sources of information described above, the following information
was compiled:
(a) On June 20, 1996, Greg MIDDLETON {a reporter from the Vancouver Province
newspaper} called Jane THOMAS and he asked her if she was aware that BARBARASH
had convictions in Alberta and Toronto for vandalism and mischief and that
THURSTON had convictions for fire-bombing. THOMAS replied that it has nothing
to do with Bear Watch's mandate and they had never done any violent actions
as a part of Bear Watch. MIDDLETON asked THOMAS if she had any concerns
that they (BARBARASH and THURSTON) were suspects in a number of violent
actions here and she replied that she didn't. MIDDLETON said that it appeared
that Bear Watch was using Animal Rights mercenaries, people on the front
lines who have a history of dangerous, violent actions. MIDDLETON went
on to say that BARBARASH had a history of using the resources of groups
he was involved in during these activities. THOMAS said that their protesters
did not have links to the ALF and MIDDLETON replied that BARBARASH and
THURSTON certainly did. MIDDLETON told THOMAS to watch the next installment
he was doing and it was interesting stuff. He said that several members
of Bear Watch were under investigation by police here for violent activities.
(b) During the term of Authorization P.29/96, there were approximately
three thousand nine hundred interceptions, which included numerous facsimile
transmissions.
(c) During the term of Authorization P.29/96, there were telephone conversations
between Susan BLOOM and other Bear Watch employees who expressed concern
about THURSTON's and BARBARASH'S criminal past. BLOOM had suggested that
it may be necessary for Bear Watch to dissociate itself from THURSTON and
BARBARASH.
80. On August 16, 1996, Patricia J. DONALD, an Agent specially designated
in writing by the Attorney General of British Columbia for the purposes
of Section 185 of the Criminal Code, and I appeared before Associate Chief
Justice DOHM of the Supreme Court of British Columbia. Pursuant to Section
185 of the Criminal Code, Patricia J. DONALD made an ex parte Application,
supported by my Affidavit sworn on August 15, 1996, for an Authorization
to Intercept Private Communications. Pursuant to Section 186 of the Criminal
Code, Associate Chief Justice DOHM granted Authorization P.38/96.
81. Following the granting of Authorization P.38/96, a monitor room was
established at RCMP Headquarters situated at 5255 Heather Street, Vancouver
for the purpose of monitoring the communications intercepted pursuing to
Authorization P.38/96. RCMP personnel monitored the intercepted private
communications and compiled a log of each individual conversation which
is an overview of the entire conversation. The logs were read by investigators
from Vancouver NSIS and from these logs, reports were made of the content
of these logs which were deemed possibly relevant to the investigation.
These reports were a combination of intercepted information as well as
information from other investigative techniques being utilized by NSIS
investigators. I personally read some of these logs from various intercepted
conversations as well as facsimile interceptions and incoming E-mails.
A briefing was held virtually on a daily basis by Vancouver NSIS investigators
and the information from the daily interceptions was presented and discussed
by investigators. From all the sources of information described above,
the following information was compiled:
(a) During one conversation on August 21, 1996, between THURSTON and BARBARASH,
they discussed the fact that Susan BLOOM had concerns about what might
be in THURSTON's files in his file cabinet. THURSTON then made a comment
to BARBARASH about how they {believed to refer to the police} if they want
to, come into anyone's house and say "hey, this person's been making
whatever". They could take something from your kitchen or bathroom
and make something. Big deal. What are you going to do, run and hide.
(b) On August 29, 1996, THURSTON sent a facsimile of an interview that
he gave, entitled "Doing time with the Animal Liberation Front - An
Interview with Darren THURSTON". In the interview, THURSTON explained
how he got involved with the Animal Rights Movement, how he learned ALF
Actions, his role in the attack on the University of Alberta, and how he
got caught. THURSTON went on to instruct what not to do, how to protect
oneself, and how to maintain security while doing direct actions.
82. On September 27, 1996, I, along with Cpl. POLLOCK of NSIS attended
at Maple Leaf Self Storage Inc., 3001 Wall, Vancouver, B. C., and reviewed
their records. A locker, number 3-2663, was located as being rented by
David BARBARASH.
83. On March 18, 1997, I was advised by Cpl. POLLOCK of NSIS that David
BARBARASH attended at Maple Leaf Self Storage Inc., 3001 Wall, Vancouver,
B. C. at locker number 3-2663 and spent approximately thirty minutes at
that location.
84. On October 11, 1996, Patricia J. DONALD, an Agent specially designated
in writing by the Attorney General of British Columbia for the purposes
of Section 185 of the Criminal Code, and I appeared before Associate Chief
Justice DOHM of the Supreme Court of British Columbia. Pursuant to Section
185 of the Criminal Code, Patricia J. DONALD made an ex parte Application,
supported by my Affidavit sworn on October 11, 1996, for an Authorization
to Intercept Private Communications. Pursuant to Section 186 of the Criminal
Code, Associate Chief Justice DOHM granted Authorization P.55/96.