Canada Form 5 RCMP Fite: ONTARIO SUPERIOR COURT OF JUSTICE {Toronto Region) IN THE MATTER OF an application for a Search Warrant pursuant to section 487(1) of the Criminal Code. AND IN THE MATTER of an application for Assistance Orders pursuant to section 487.02 of the Criminal Code. WARRANT TO SEARCH TO: Sergeant Gordon Aristotle or any Peace Officers in the Province of Ontario assisting him TO: Scott Hutchison TO: Wayne Doney TO: Ontario Provincial Police Association (OPPA) employees: Curtis Elia (manager of 1); Kimberly Tait (office manager); and Sandra Barendregt (bookkeeper) WHEREAS it appears on oath of Sergeant Gordon Aristotle, a Peace Officer, and a member of the Royal Canadian Mounted Police in the Province of Ontario; THAT there are reasonable grounds for believing that the following offences have been committed: Section 322 Theft Criminal Code; Section 336 Criminal Breach of Trust Criminal Code; ‘Section 380 (1) Fraud Criminal Code; Section 462.31 Laundering the Proceeds of Crime Criminal Code; and Section 341 Fraudulent Concealment Criminal Code. AND THAT there are reasonable grounds for believing that the following things for the time period from September 1, 2013 to present will afford evidence of the said offence(s): 1. Alll records in paper and electronic format pertaining to PIN Consulting Group Inc., including but not limited to consulting agreement(s), work product such as consulting reports, invoices, and proof of payment: Page 1 of 72. All records in paper and electronic format pertaining to the Caldwell Group; 3. All records in paper and electronic format pertaining to First Response Travel Group, Leximco Lid. (operating as Leximco Travel) and Klara Kozak, including but not limited to contract(s), work product, invoices, and proof of payment; 4, All records in paper and electronic format pertaining to 1 Cable Beach, Nassau, Bahamas, including but not limited to contract(s), promotional material, correspondence from the company, contracts, invoices, and proof of payment; 5. All records in paper and electronic format pertaining to the New Providence Income Fund Ltd. or Sterling Financial Group Inc., including but not limited to promotional material, company prospectus, any correspondence from the company, source documents demonstrating proof of investment in the company, and dividends: 6. All records in paper and electronic format pertaining to an unknown offshore company associated to one or all of the following individuals: Andrew McKay, Klara Kozak, Noel Francis Chantiam, Martin Bain, Jim Christie or Kar! Walsh; 7. All records in paper and electronic format pertaining to the OPPA procurement, planning, assessment, or development of land for the Proposed new OPPA Head Office; 8. All records in paper and electronic format pertaining to phone records for Karl Walsh, Jim Christie, or Martin Bain; 8. All records in paper and electronic format pertaining to minutes and minute books of OPPA directors/officers meetings; 10.OPPA Policies and Procedures; 11.All records in paper and electronic format pertaining to travel records and associated expenses for Karl Walsh, Jim Christie, Martin Bain, or Andrew McKay; 12.All records in paper and electronic format pertaining to monthly statements and supporting receipts for credit cards issued by the OPPA to Karl Walsh, Jim Christie or Martin Bain; 13.All records in paper and electronic format pertaining to OPPA expenses claimed by Karl Walsh, Jim Christie or Martin Bain; Page 2 of 714.All records in paper and electronic format pertaining the work schedules and information in relation to accrued vacation time and payouts for Karl Walsh, Jim Christie or Martin Bain; 15. Content of emails sent or received by Karl Walsh, Jim Christie or Martin Bain; 16.All records in paper and electronic format pertaining to Natasha Vieira, Andrew McKay, Klara Kozak, Noel Francis Chantiam, Elena Rabenok and Barry McKay; and 17. All electronic equipment, electronic devices and media, including but not limited to computers, tablets, cell phones or other hand held devices utilized by Kari Walsh, Jim Christie, or Martin Bain. AND THAT there are reasonable grounds to believe that the said things or some part of them are located in the Ontario Provincial Police Association Office located at 119 Ferris Lane Barrie, Ontario, hereinafter called the premises. AND THAT the following independent lawyer be appointed to act as the Chief Referee in order to protect solicitor-client privilege. ‘Scott Hutchison Henein Hutchison LLP 3rd Floor 235 King Street East Toronto, Ontario LSUC #29912) AND THAT the following Independent Certified Forensic Examiner (ICFE) be appointed to assist the police and the Chief Referee in the search and seizure of electronic devices and media. Wayne Doney Digital Evidence International inc. 400 Queens Ave., London, Ontario AND THAT the following OPPA employees: Curtis Elia, Kimberly Tait, and Sandra Barendregt, provide all reasonable assistance to the police, the Chief Referee and the ICFE to locate the things being sought. SPECIAL CONDITIONS FOR THE SEARCH: 1 Police will not be searching for the things sought on the L-Drive of the OPPA Server, or on the third floor of the premises, where the OPPA lawyers work and store their files, Page 3 of 7vi. vil. Vill. SEARCH PROCEDURES FOR PAPER THINGS: Curtis Elia, Kimberly Tait, and Sandra Barendregt will be presented with this Order and be directed to locate the paper things being sought, or some part of them. Once these said paper things are located, they will be viewed by the Chief Referee, who will assert solicitor-client privilege, if applicable. The Chief Referee will also seize the thing over which solicitor-client privilege is asserted. The Chief Referee will maintain continuity, security, and store all of the Paper things over which solicitor-client privilege is asserted. The police will review and may seize the paper things located by Curtis Elia, Kim Tait and Sandra Barendregt when there is no assertion of privilege made by the Chief Referee. SEARCH PROCEDURES FOR ELECTRONIC EQUIPMENT, DEVICES and MEDIA: Curtis Elia, Kimberly Tait, and Sandra Barendregt will be presented this Order and directed to locate the things being sought or some part of them which are stored electronically. Once a thing is located, it will be viewed by the Chief Referee, who will assert solicitor-client privilege if applicable. With the assistance of the ICFE the Chief Referee will seize a true electronic Copy of the said things stored electronically when solicitor-client privilege is asserted. The Chief Referee will maintain continuity, security, and store all things seized over which solicitor-client privilege is asserted. With the assistance of the ICFE the Police will seize a true electronic copy of the electronically stored things located by Curtis Elia, Kim Tait and Sandra Barendregt when there is no assertion of privilege made by the Chief Referee. SEARCH PROCEDURES FOR EMAILS: In relation to the email accounts utilized by Karl Walsh, Jim Christie and Martin Bain, because of time constraints it may not be possible to review and seize all said things on the day of the search, in the manner as described above. If that is the case, the ICFE will take whatever steps are necessary to seize a true electronic copy of the email accounts. The ICFE will maintain continuity and security over the true electronic copies, and conduct a further forensic examination offsite for the things being sought. Page 4 of 7Xi. Xi. Xill. XIV. SEARCH PROCEDURES FOR DEVICES AND MEDIA UTILIZED BY KARL WALSH, JIM CHRISTIE AND MARTIN BAIN: The ICFE will image the devices and media utilized by Karl Walsh, Jim Christie and Martin Bain to create a sound duplication of the devices and media. Itis anticipated that the ICFE should be able to image the devices and media on site. However, in the event that this is not possible, the devices and media will be seized by the ICFE. The ICFE will make further attempts to image the devices and media offsite. The ICFE will document a description of the device or media and where it was located. OFFSITE FORENSIC EXAMINATION BY THE IGFE: The ICFE will take steps to locate the said things on the devicas or media, or the images of the devices or media, including but not limited to the following: a, The IGFE will conduct key word searches on the true electronic copies, the devices or media, or the images of the devices or media. The list (s) of key words will be supplied to the ICFE by the Sergeant Gordon Aristotle or his designate. b. The ICFE will provide all things located as a result of the key word searches to the Chief Referee. The ICFE will maintain continuity, security, and store the true electronic copies, the devices or media, or the images of the devices or media, until the forensic examination is completed. Upon the completion of the forensic examination the [CFE will deliver all electronic devices and media, whether imaged, copied or seized, and any copies or images thereof to the custody of the Chief Referee, POST SEIZURE DUTIES OF THE CHIEF REFEREE: The Chief Referee will receive the said things seized by the ICFE from the Search site. Upon receipt, the Chief Referee will maintain continuity and security, and be responsible for the storage of both the things he seized, in paper and electronic form, and the things seized by the ICFE until otherwise ordered by the Court. Ifthe Chief Referee does not assert privilege over a thing it will be released to the police as soon as reasonably practicable. The Chief Referee will contact Sergeant Aristotle, or his designate and make arrangement for the release of the thing. In the case of any thing where privilege has been asserted the Chief Referee will Separate the things into three categorias, and prepare a report that will provide the Court with rationale why the thing: Page $ of 7a. In the opinion of the Chief Referee is not protected by solicitor client- privilege. b. In the opinion of the Chief Referee may be protected by solicitor client- privilege. ¢. In the opinion of the Chief Referee should be protected by solicitor client- privilege, The Chief Referee will be responsible for notifying clients who have been affected by the execution of the search warrant, or whose things have been seized pursuant to the search warrant. This notification will occur as soon as reasonably practicable following the execution of the search warrant and may include advising clients of: a. The seizure of any of their things; b. The risk to their privilege interests by the investigative or prosecutorial authorities; ¢. The existence of a conflict of interest if one has arisen; d. The right to seek and obtain legal advice and legal representation; e. How solicitor-client privilege may be asserted; f. How to request a hearing to determine any issue of privilege by the Court; and g. Any other information to assist them in protecting their interests as a result of the search for and seizure of their things. The Chief Referee may notify the clients either verbally or in writing and may request the assistance of the Police in the notification process. In the event that clients cannot be notified after all reasonable attempts, the Chief Referee may take steps that will afford continued protection of the clients’ solicitor-client Privilege, including responding to the Crown's application to gain access to the Seized material, or bringing a motion to have the privilege issues adjudicated by the Court. Page 6 of 7THIS IS THEREFORE, to authorize and require you on the 6th day of March, 2015 between the hours of 8am and 4 pm, to enter into the said premises and to search for the said things and bring them before me or some other Judge, or submit a report in writing in respect of anything seized. DATED this a day of March, 2015 at the City of Toronto in the Province of Ontario. Page 7 of 7ONTARIO SUPERIOR COURT OF JUSTICE (Toronto Region) IN THE MATTER OF an application for a Search Warrant pursuant to section 487(1) of the Criminal Code. AND IN THE MATTER of an application for Assistance Orders pursuant to section 487.02 of the Criminal Code WARRANT TO SEARCH Sergeant Gordon Aristotle Royal Canadian Mounted Police 345 Harry Walker Parkway South Newmarket, ON