Canada Form 5 RCMP File: 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: Matthew Gourlay TO: Scott Hutchison TO: Wayne Doney 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 lime 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.; Leximco Ltd. (operating as Leximco Travel); iii, First Response Travel Group; and Page 1 of 7iv. An unknown offshore company which is believed to be associated to one or all of the following individuals: Karl Walsh, Jim Christie, Martin Bain, Andrew McKay, Klara Kozak or Noel Francis Chantiam, including but not limited to the following: a. Alllfinancial documents and records such as: banking records and copies thereof, bank statements, cancelled cheques, deposit slips, debit and credit memos, cheque stubs, cheque registers, credit card statements, loan accounts, investment accounts both domestic and fo money transfer receipts, mortgage and loan agreements, account applications, mortgage applications, credit card applications, bank correspondence, accounting records, general ledgers, journal entries, sales invoices, purchase invoices, expenses, fee schedules, correspondence files, financial statements, net worth statements, working paper files, permanent files containing information on shareholders, shareholder meetings, details of long term debt, details of capital assets, deed documents and other supporting documents; b. Income tax documents, including but not limited to original and copies of the T2 returns of income including all supporting documentation such as financial statements, correspondence and working papers. 2. All records in paper and electronic format pertaining to domestic and foreign investments which are associated with any of the following: Ontario Provincial Police Association (OPPA), Karl Walsh, Jim Christie, Martin Bain, Andrew McKay, Klara Kozak or Noel Francis Chantiam, including but not limited to the following: iii, vi. A condominium at 1 Cable Beach, Nassau, Bahamas; Investment with the New Providence Income Fund Ltd. and the Sterling Financial Group Inc.; Investment with the Caldwell Group; ‘The OPPA procurement planning, assessment and development of land for the proposed new OPPA Head office; Investment in Leximco Travel; Investment in First Response Travel Group; Page 2 of 7vii, Investment in an unknown offshore Company; viii, Investment in PIN Consulting Group Inc. 3. All records in paper and electronic format pertaining to: Natasha Vieira, Andrew McKay, Klara Kozak, Noel Francis Chantiam, Elena Rabenok and Barry McKay; 4. All records in paper and electronic format pert Martin Bain; ing to phone records of 5. All records in paper and electronic format pertaining to travel and associated expenses for Karl Walsh, Jim Christie, Martin Bain, or Andrew McKay; 6. All records in paper and electronic format pertaining to OPPA expenses claimed by Karl Walsh, Jim Christie or Martin Bain; 7. Content of emails sent or received by Jim Christie; 8. All electronic equipment, electronic devices and media, including but not limited to computers, tablets, cell phones or other hand held devices utilized by Jim Christie; and 9. All records in paper and electronic format pertaining to personal tax returns for Jim Christie. AND THAT there are reasonable grounds to believe that the said things or some part of them are located in the black Ford Edge, with license plate 07YR15 registered to the Ontario Provincial Police Association and driven by James Christie, hereinafter called the vehicle. AND THAT the following independent lawyer be appointed to act as the Referee in order to protect solicitor-client privilege: Matthew Gourlay Henein Hutchison LLP 3rd Floor 235 King Street East Toronto, Ontario LSUC #57685H Page 3 of 7+ HAT the following independent lawyer be appointed to act as the Chief Referee .der to protect solicitor-client privilege: Scott Hutchison Henein Hutchison LLP 3rd Floor 235 King Street East Toronto, Ontario LSUC #29912J AND THAT the following Independent Certified Forensic Examiner (ICFE) be appointed to assist the Police and the Referee in the search, and seizure of electronic devices and media: Wayne Doney Digital Evidence International Inc. 400 Queens Ave., London, Ontario SPECIAL CONDITIONS FOR THE SEARCH: SEARCH PROCEDURES FOR PAPER THINGS: |. The police will conduct the search to locate the said things in paper form ll, The Referee will monitor the search, and will review all material that is located during the search. The Referee will assert solicitor-client privilege, if applicable, over any thing. The Referee will seize the said things when solicitor-client Privilege is asserted. Upon seizure, the Referee will maintain continuity, security, and store these things. As soon as reasonably practicable the Referee will turn these things over to the Chief Referee. Ml. The police will review and seize any said thing in paper form when there is no assertion of privilege made by the Referee. SEARCH PROCEDURES FOR ELECTRONIC EQUIPMENT, DEVICES and MEDIA: \V. The police will seize, secure and seal all electronic devices and media located during the search. These things will not be examined by the police, but will be delivered to the ICFE at Digital Evidence International Inc. as soon ‘as reasonably practicable. v. If possible, the ICFE will image the electronic devices and media seized to create a sound duplication of the electronic devices and media. Page 4 of 7vi. vil. vii. XI. The ICFE will take steps to locate the said things on the electronic devices or media, or the images of the electronic devices or media, including but not limited to the following: a. The ICFE will conduct key word searches on the electronic devices or media, or the images of the electronic 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 electronic devices or media, or the images of the electronic devices or media, until the forensic examination is completed. Upon the completion of the forensic examination the ICFE will deliver all electronic devices and media, whether imaged, copied or seized, and the 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 Referee and the ICFE from the search site both in paper and electronic form. Upon receipt, the Chief Referee will maintain continuity and security, and be responsible for the storage of these things until otherwise ordered by the Court. The Chief Referee will examine each thing that has not already been reviewed by the Referee at the search site. The Chief Referee will assert solicitor-client privilege if applicable. If the 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 arrangements for the release of the thing. In the case of any thing where privilege has been asserted by either a Referee or the Chief Referee, the Chief Referee will separate the things into three categories, and prepare a report that will provide the Court with rationale why the thing: 1. In the opinion of the Chief Referee is not protected by solicitor client- privilege. 2. In the opinion of the Chief Referee may be protected by solicitor client- privilege. 3. In the opinion of the Chief Referee should be protected by solicitor client- privilege. Page $ of 7XIL Xill. 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 tisk to their privilege interests by the investigative or prosecutorial authorities; c. The existence of a conflict of interest if one has arisen; d. The right to seek and obtain legal advice and legal representation; @, 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. 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 vehicle 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 S day of March, 2018 at the City of Toronto in the Province of Ontario. Page 6 of 7Page 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 an Order Denying Access to Information (Sealing Order) pursuant to section 487.3(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