85. Following the granting of Authorization P.55/96, 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.55/96. 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-mail messages. 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 November 19, 1996, BARBARASH sent a facsimile message to Bear Watch proposing to update the guide outfitters information list which he claims has not been updated since April 12, 1995. BARBARASH requested a fee of $2000.00 to do this update. BARBARASH left the 604-294-0073 number as a contact number in Vancouver.

(b) On November 25, 1996 THURSTON told an unknown male that he was fired from Bear Watch this morning because he was just a little too radical. He will keep his E-mail address, his laptop, and his cellular phone, but will have no income.

On November 25, 1996, THURSTON spoke with BARBARASH and wanted him to pick him up along with 2 1/2 boxes at Bear Watch which was located at #2-1969 Creelman Avenue, Vancouver, B.C. He had no keys for the office, and therefore could not go back later to pick them up.

(c) On October 24, 1996, Mark McALPINE, internet address: mmcalpin@uo.guelph.ca., wrote to Darren THURSTON, Internet address: oldman@asterix.helix.net, that he had just had a visit from two undercover RCMP officers - one from VANCOUVER "in town" for a few weeks. Officer W. L. (Leigh) RYAN (VANCOUVER) and Cpl. W. S. (Bill) JEFFERY (local) both from NSIS. He went on to say that they were interested in the mail bomb event that took place last year, including the parcel bombs received by ZUNDEL and the MACKENZIE Institute. McALPINE asked them how he got his name. They replied it was in relation to the Marineland arrest and that they were investigating "1000" or so left-wing types who may know something. He said the officers left their cards. McALPINE asked "oldman.helix.net" (THURSTON) if he had encountered RYAN before. McALPINE closed by saying the officers would probably be in town for the Anti-ZUNDEL action.

(d) On October 24, 1996, THURSTON sent a message that he was not familiar with RYAN or JEFFERY. He said there had been a couple of cops (RCMP from NSIS) that have investigated numerous incidents (turkey poison hoaxes, the mail bombs sent to right-wing people, and the Earth Liberation Army fire bombing). They questioned at least one activist in Vancouver last year a couple of days before Halloween. THURSTON advised McALPINE to write down an account of the mornings events as detailed as possible so that he has it if it is ever needed. THURSTON requested the information on both of the members cards and would also appreciate a photocopy of them. THURSTON closed by saying that he was forwarding the details of the encounter with the police to David BARBARASH to see if he could offer any other advice.

(e) On October 24, 1996, BARBARASH sent a message to McALPINE regarding the visit of the RCMP investigators and instructed him to get as much information as possible and give out nothing. BARBARASH said he didn't know either of the investigators. BARBARASH left the name of a political lawyer/friend in TORONTO by the name of: Frank ADDARIO, phone 964-6366. He closed by telling McALPINE to breathe deep and to let him know any future developments.

On October 24, 1996, McALPINE sent a message thanking THURSTON for his advice and advised that he called two lawyers who had been working with him on the Marineland charges and informed them of what happened. {The Marineland charges arose out of an animal rights action at Marineland in Niagara Falls, Ontario on September 1. 1996 in which McALPINE participated.) McALPINE said that the lawyer, Jeff HOUSE, said that similar events have happened to a number of his clients over the past forty days but didn't go into any detail. McALPINE then posted all of the information from both business cards left with him by the investigators, including Cpl. W. L. (LEIGH) RYAN and Cpl. Bill JEFFERY. He went on to say that MILTON {the headquarters of the RCMP National Security Investigations Section in Ontario} is roughly 20 minutes to 1/2 hour away from Guelph. McALPINE said that when the Vancouver guy said he was in town for a bit, McALPINE asked if he meant Guelph, and he replied, no, Toronto.

(g) On October 24, 1996, McALPINE sent a message to BARBARASH, thanking him for the lawyer's number. He expected to see the investigators again in Toronto at various rallies. He said the investigators that visited him were really interested in knowing if he had anything to do with ARA or knew about the demonstration at ZUNDEL's home that coming Friday. McALPINE told them he was not interested in answering any questions and didn't. He said that one investigator went on about how there are lots of left-wing groups, "doing really good things, like ARA and the ALF, and then you get extremists who give them a bad name.

(h) On October 24, 1996, BARBARASH sent a message to McALPINE stating that he should have sold an animal rights sticker to the cops that visited him for $100. He said it reminded him of when he was putting out the Anti-Authoritarian News Bulletin and dissident News. He received a subscription request from none other than the US Embassy in OTTAWA. BARBARASH advised McALPINE that he could do a valuable service for activists at the rallies in TORONTO by identifying the cops to everyone he could. He went on to say that they're not CSIS so it's not against the law. BARBARASH went on to say that when cops say things like they said to McALPINE regarding ALF and ARA, then you know just how slimy they are. He says it continually amazes him how stupid they {the police} think they are. Says that maybe most of the unpoliticized citizenry would be taken in by such a con line.

(i) On November 8, 1996, BARBARASH sent THURSTON an E-mail and asked THURSTON for "addresses for e-lists to subscribe to regarding fascism/neo nazism and the anarchist community.

(j) On November 26, 1996, THURSTON sent an E-mail message to Minklib@aol.com (J. P. GOODWIN) advising him not to send E-mail messages to the Bear Watch account anymore. He provided his new home address as: Basement, 130 West 10th Avenue, Vancouver, B.C. V5Y 1R8.

86. It was subsequently confirmed that THURSTON had moved to the above-noted address on December 1, 1996. It was also confirmed that his girlfriend, Gina LYNN from California, and a friend from Edmonton, Louis PEZZANI, moved in with him.

87. On November 22, 1996, I personally listened to a recording of a conversation between THURSTON and PEZZANI, which was intercepted from the audio installation at the residence at 1074 East 12th Avenue, Vancouver, on November 1, 1996 at 2316 hours. The conversation was difficult to decipher; however, parts of the conversation were very clear. Excerpts from the conversation are as follows:

(a) THURSTON appeared to be showing PEZZANI a program on the computer. THURSTON was talking about not receiving "something", possibly in relation to the computer program. PEZZANI mentioned that "they're just being secure about it." THURSTON then referred to not hearing back regarding the infosite. PEZZANI suggested to "bug him some more." THURSTON agreed with PEZZANI. PEZZANI then stated, "yea, mail bomb him Darren. Hundred of 'em." THURSTON, while laughing, said, "yeah!" THURSTON then stated "I'll throw it in with the mail list, yeah, he'll love me! Oh he might not know it was me." PEZZANI then stated, "don't do that, just ...nice note, that'll do it." The conversation ended with them again referring to what appeared to be a computer program.

88. On November 28, 1996, I was advised by Susan BARNES, of BC Tel Security, that a work order had been received at BC TEL, for a change of address for telephone number 604-873-2067, in the name of Darren THURSTON, 1074 East 12th Avenue, Vancouver, B.C. to be changed to address Basement #2, 130 West 10th Avenue, Vancouver, B.C. in the name of Darren THURSTON. This change was dated for November 30, 1996.

89. On December 1, 1996, I observed THURSTON moving items from a cube van into a basement suite at 130 West 10th Avenue at approximately 1230 hours.

90. On December 5, 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 December 5, 1996, for an Authorization to Intercept Private Communications. Pursuant to Section 186 of the Criminal Code, Associate Chief Justice DOHM granted Authorization P.63/96.

85. Following the granting of Authorization P.63/96, 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.63/96. 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 have personally read some of these logs from various intercepted conversations as well as facsimile interceptions and E-mail messages. 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 December 11, 1996, Pamelyn VLASIK posted an E-mail message to adl_ara that was in turn sent to THURSTON dealing with the distinct separation between the ALF and violent terroristic type animal liberation groups. VLASIK suggested the name of the group was called the "Justice Department". It is presently unknown who or where VLASIK resides and what her connections to the campaigns of the "Justice Department" in Canada may be.

(b) On December 16, 1996, JP GOODWIN sent a posting to the list entitled Bomb Threats and the ALF. In the posting he encouraged animal rights groups to continue direct action for animals, but to use individual names for individual cells.

(c) On December 17, 1996, David BARBARASH, otter@vcn.bc.ca sent a posting to Bear Watch entitled "Blackmail? Please explain yourselves. I'm waiting". He began the posting by saying please do not have Eric call me anymore in regard to the guide outfitter files. He says he will return them when he is done photocopying them and no sooner. He asked how it is that he is blackmailing Bear Watch. He says the comment to this effect was made in Darren's presence during his termination meeting. He ended by saying that he officially withdrew his proposal and that he will have nothing more to do with Bear Watch.

(d) On January 13, 1997, FERGUSON and THURSTON discussed, on the telephone, how to get someone's address from pizza restaurants. FERGUSON supplied THURSTON with addresses for Charles SCOTT and Terry LONG.

(E) On January 28, 1997, BARBARASH planned to stay at his sister's house when he came to Vancouver, although he would prefer to stay with Rebecca. He planned to store some personal effects at Rebecca's place. Her parents will probably let him stay about a week. They discussed the possibility of moving in together.

92. On January 20, 1997, I attended at the Lower Mainland Mini-Storeroom located 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) The gold-coloured piece of plastic moulding approximately one foot in length, which had been placed in the crevice between the lower left hand bottom of the door and the frame of the locker by THURSTON on March 30, 1996 had been moved to the left by a few inches by a person or persons unknown.

93. On January 20, 1997, I removed the videotape from the videotape recorder which has been recording the area in front of locker #5525 on a continuous basis for 12 hour sessions from a covert video camera since April 2, 1996. That I personally viewed this videotape and observed the following occurrences:

(a) On January 20, 1997, at approximately 0937 hrs., a male known to me as Darren Todd THURSTON gained access to locker # 5525 by using a key.

(b) THURSTON removed the brown file inside the locker and placed it on the floor in front of the locker. He began examining the contents.

(c) THURSTON at one point held up something to examine which I could not observe. He then lowered the object completely out of sight of the camera.

(d) THURSTON examined the contents for approximately two minutes before replacing the lid on the file box and returned the box to the locker and locked it back up with the padlock.

(e) THURSTON appeared to have put something in his pants front left pocket and possibly something under his coat.

(f) THURSTON started to walk down the moveable stairs to depart but then stepped back in front of the locker. THURSTON began wiping the padlock with the sleeve of his coat to remove any fingerprints. He then departed the area.

94. On January 21,, 1996, I appeared before the Associate Chief Justice DOHM, a Supreme 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. Associate Chief Justice DOHM 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 April 2, 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 other items have been removed from the box since the box was last examined by members of the Royal Canadian Mounted Police on April 2, 1996.

(c) photograph the contents of Locker #5525, located at the premises, including the contents of the file box contained in the aforesaid Locker #5525.

95. On January 21, 1997, at 1948 hrs, 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 Associate Chief Justice DOHM 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 since the box was last examined by members of the Royal Canadian Mounted Police on April 2, 1996, nothing had been placed in the box;

(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 since the box was last examined by members of the Royal Canadian Mounted Police on April 2, 1996, several items had been removed, including the following:

(i) the white envelope containing the five nine volt battery clips;

(ii) cash and American Express travellers cheques totalling $1,000.00;

(iii) pieces of identification in the name of Bruce Darren TURNER;

(iv) the black "memo" book which contained the addresses of various meat packing outlets in The United Kingdom;

(c) photographed the contents of Locker #5525, located at the premises, including the contents of the file box contained in the aforesaid Locker # 5525.

96. On January 31, 1997, 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 January 31, 1997, for an Authorization to Intercept Private Communications. Pursuant to Section 186 of the Criminal Code, Associate Chief Justice DOHM granted Authorization P. 5/97.

97. Following the granting of Authorization P. 5/97 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. 5/97. 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 have personally read some of these logs from various intercepted conversations as well as facsimile interceptions and E-mail messages. 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 February 9, 1997 at approximately 2153 hrs, THURSTON attempts to subscribe to an internet mailing list on fascism.

(b) On February 10, 1997, at 2205 hrs., a Bryan PEASE advises through the internet that he doesn't think anyone on this "list", believed to be the Amanazi List which is a list of dedicated animal rights activists who feel they are the leaders within the movement, is considering killing anyone. He makes reference to the "Justice Department" and says that even they seem to be just scaring people with razor blades but not doing anything super dangerous.

(c) On February 23, 1997 at 1831 hrs, BARBARASH called Kristi, last name unknown, at 416-322-7650 and advised that he was packing up and moving back to Vancouver in the next few days. He advised his phone number will be (604) 431-0155 and his address would be 204 - 1550 Woodland Drive, Van, BC, V5L 5A5.

(d) On February 25, 1997, at 2008 hrs, BARBARASH advised that he would be staying at his sister's for a few days which he believed to #204 - 1550 Woodland Drive., Vancouver, B.C. He has a sublet beginning March 1, 1997.

(Content deleted here)

(e) That since the beginning of March, 1997, BARBARASH's private communications have been intercepted at telephone number 604-431-0155. It is believed that BARBARASH is subletting a room at the residence of the subscriber of this telephone number. This room appears to be his principal residence at this time.

(f) That BARBARASH has been in contact with a female at telephone 604-987-4844 whose name is "Rebecca". The subscriber to that telephone number is a Douglas TAYLOR, 4083 Sunset Boulevard, North Vancouver since 1975.

98. On March 18, 1997, I was advised by Ms. Glynnis POWELL, of the RCMP Special "I" Section that the subscriber for telephone number 604-431-0155 is to a Mark Warren, 4516 Gladstone Street, Vancouver, B.C.

99. During surveillance on January 30, 1997, investigators located BARBARASH at his girlfriend's residence at 4083 Sunset Boulevard, North Vancouver.

100. On March 19, 1997, I personally read an E-mail communication from THURSTON to an associate Alison FROST in which THURSTON describes how in the last week he has "found and removed two electronice (sic) surveillance devices, one in the trunk and one in our home. Me and the other D met with a lawyer and got some advice regarding electronic surveillance and what they can so." (sic)

101. It is my belief that "the other D" referred to in the above described E-mail communication is David Nathan BARBARASH.

102. It is my belief that the electronic devices that THURSTON said that he discovered in the trunk and his home are the devices installed by the RCMP Special "I" Section under the authority of Authorization P. 63/96 issued on December 5, 1996.

103. During this investigation, it was determined that THURSTON resided at 1074 East 12th Avenue, Vancouver (the main and upper floors) from approximately August 1995 to December 1, 1996. During this time, this address was the principal work site for THURSTON and David Nathan BARBARASH for their activities involving various causes, both legitimate and illegal, while they resided there. BARBARASH and THURSTON continue to have a close relationship, although they no longer reside together.

Whereas the informant prays that a search warrant may be granted to search the premises for the above-mentioned things.

SWORN before me this 19th day of March 1997, in the City of Vancouver, British Columbia

_________(signature)
A Justice of the Peace for the Province of Columbia