Court File and Parties

Court File No.: CR-19-02612-0000 Date: 2021-04-21 Ontario Superior Court of Justice

Between: Her Majesty the Queen – and – Richard Senior, Defendant

Counsel: Peter Scrutton and Mabel Lai, for the Crown John Struthers and Ashli Pinnock, for the Defendant

Heard: January 18, 19, 20, 21, 22, 25, 26, 27, 28, February 19, 2021

Reasons for Decision

Christie J.

Overview

[1] Richard Senior is charged with fourteen separate offences, including theft under $5000, utter forged document (x2), unauthorized use of a computer (x2), breach of trust (x3), possess firearm obtained by theft, possess weapon for a dangerous purpose, attempted robbery, trafficking in a Schedule I substance, and trafficking in a Schedule IV substance (x2).

[2] Richard Senior is a Constable with the York Regional Police (“YRP”) with badge number #1553. During the timeframe of the Indictment, Cst. Senior was assigned to the 5 District Community Oriented Response Unit (“5COR”) in Markham. By the relevant time frame, Cst. Senior had been a police officer for approximately 15 years.

[3] On October 9, 2018, Cst. Senior was arrested in relation to allegations stemming from a YRP investigation known as Project TADEU, as a part of which two officers were working in an undercover capacity:

a. UC1 was deployed in an undercover capacity to act as Cst. Senior’s partner in 5COR. UC1 and Cst. Senior were at the same rank, both constables, and, according to UC1, he had no authority to direct or give orders to Cst. Senior. He had been doing undercover work since 2005. To qualify for such undercover work, he took one week of regular training and two weeks of advanced training. UC1 had a s. 25 designation which was approved on July 14, 2017 and expired on July 14, 2020, which was marked as Exhibit 11. Section 25.1(2) of the Criminal Code states:

(2) It is in the public interest to ensure that public officers may effectively carry out their law enforcement duties in accordance with the rule of law and, to that end, to expressly recognize in law a justification for public officers and other persons acting at their direction to commit acts or omissions that would otherwise constitute offences.

b. UC2, an RCMP officer, using the pseudonym “Henry Wong” (“Henry”), was deployed in an undercover capacity to pose as a “mid-level Asian organized crime figure” and confidential human source. This officer had worked for the RCMP for just over 20 years and had worked in undercover operations for 15 years. He was also trained as a cover person / handler.

[4] Authorizations to intercept private communications pursuant to Part VI of the Criminal Code were issued and not challenged at this trial. Numerous conversations between Cst. Senior and these two undercover officers, as well as some others, formed a large part of this trial and will be referred to in detail.

[5] In the course of this trial, various police databases and directives were mentioned and are relevant to the narrative to be presented. Those are as follows:

a. CPIC – The Canadian Police Information Centre is a database that law enforcement uses to access information on a number of matters, including persons and vehicles. This database can be accessed from a police terminal, either in a police vehicle or in the police office. A police officer can also call in to dispatch, verify their identity, and have an inquiry run through CPIC. AI-007 is a YRP Command Directive, issued and effective as of May 10, 2013, regarding the CPIC system, and provides members with general knowledge and requirements of CPIC and the information available through that system. This was entered as Exhibit 6 and stated in part as follows:

C. GENERAL

1. The information contained in CPIC is classified as "Confidential - For Police Only". Consequently, it is an offence under the Police Services Act for a member to divulge or show any CPIC information to an unauthorized person or organization.

2. Provincial Automobile Registration Information System (PARIS) information is accessed through CPIC and is subject to the same usage restrictions as CPIC information.

D. SECURITY OF INFORMATION

1. It is the responsibility of every member to ensure that confidential information is safeguarded against unauthorized access, removal or misuse.

2. Members must not use or access CPIC or any York Regional Police information for any purpose other than official business related to the duties of their position.

3. Any use of CPIC for anything other than official police business will not be tolerated. Members can expect appropriate disciplinary action in response to any breach of confidentiality or unauthorized dissemination. Appendix A of this procedure provides guidance on the dissemination or release of CPIC information.

4. To ensure members acknowledge the restrictions respecting the handling of CPIC and York Regional Police material, records and information, they are required to complete YRP196 CPIC and Confidential York Regional Police Information Waiver.

5. The Uniform and Civilian Recruiting Units shall ensure all new members review and complete YRP196 CPIC and Confidential York Regional Police Information Waiver and that a signed copy is kept in the member’s personnel file.

6. Members may review Procedure AI-301 Security of Facilities and Information for further information on the security of York Regional Police records and information.

E. RELEASING CPIC INFORMATION – GENERAL

3. It is an offence to access CPIC information for purposes other than those related to the authorized activities of York Regional Police. Similarly, it is an offence to share information in contravention of any applicable statutory provisions and the policies stated in this procedure. Breaches of this procedure may be subject to disciplinary action and/or prosecution.

4. Every member having access to CPIC is responsible for the confidentiality and dissemination of information stored on the CPIC system. CPIC information must be protected against disclosure to unauthorized agencies or individuals.

F. RELEASE OF CPIC INFORMATION – INFORMATION MANAGEMENT AND FREEDOM OF INFORMATION

2. Information (except young person information) from the CPIC Data Banks may be released to individuals and agencies as listed in APPENDIX “A” Release of CPIC Information from the Investigative, Ancillary and the Identification (Criminal Records or CRII) CPIC Data Banks. Before any CPIC Information is released the following must be satisfied:

(a) the request is a legitimate request and not for personal use;

(b) the released information will not jeopardize the integrity of the CPIC system or its users;

(c) proper identification procedures have taken place, such as personal identification with photograph or verbal password confirmation such as York Regional Transit Special Constables protocol; and

(d) in cases where the record in the CPIC Investigative and Ancillary Data Bank did not originate from YRP, Information Management will confirm the information with the originator of the entry before releasing the information to the requestor.

b. MTO-ISS – This database is controlled by the Ministry of Transportation. A police officer can check such things as licence plate numbers, names, tickets, insurance, and registration. The officer must be in front of a terminal in a cruiser or office to access this database; in other words an officer cannot call in for a query to be run.

c. Versadex – This is police records management software used by many police services. It is a data retention system. Reports are entered on this system and then can be shared through different agencies.

d. PARIS – PARIS is the Provincial Automobile Registration Information System. When an officer runs a licence plate on a mobile terminal, the return back is a PARIS inquiry. Information is stored for all drivers and licence plates. Page 15 of ASF#4 is an example of a PARIS Inquiry

e. Database local to YRP – Pages 16, 35 and 72 of ASF#4 depict a mobile terminal screen associated with the database local to YRP, which contain particulars of individual persons.

f. YRP Command Directive AI-008, issued and effective as of September 7, 2018, provides YRP members with specific directions and responsibilities when dealing with the operation of police vehicles. This was marked as Exhibit 7 and states in part as follows:

G. WIRELESS COMMUNICATION, RECORDING AND ELECTRONIC ENTERTAINMENT DEVICE RESTRICTIONS

6. While on-duty, members shall not utilize a personal camera (ie. GoPro) or other form of personal electronic recording device to record, capture or communicate any information or images of police activities and/or operations.

g. YRP Command Directive AI-301, issued and effective as of July 11, 2017, provides YRP members with information regarding the security of YRP information, facilities and equipment. This was marked as Exhibit 8 and states in part as follows:

A. OVERVIEW

3. It is the responsibility of every member of York Regional Police to ensure that confidential information is safeguarded against unauthorized access, removal or misuse.

F. SECURITY OF INFORMATION

2. Members shall only remove workplace related information from the workplace as required by their duties. Wherever possible only copies should be removed. Originals should be left in the workplace. Members shall refer to York Regional Police Regulation 6 Official Documents and Records when accessing or transporting documents or electronic files.

3. Information removed from the workplace in any form (e.g. document or data) shall be returned forthwith following the completion of the task for which it was removed. Members removing information from the workplace shall be responsible for the security of that information and shall take all necessary steps to ensure that it is not used or viewed by unauthorized persons.

4. Under no circumstances shall sensitive or restricted material be stored at a location other than a York Regional Police or other authorized police facility.

5. Members who leave a desktop workstation, laptop computer or Mobile Workstation unattended shall ensure that the terminal is logged off or locked prior to their departure.

h. YRP Command Directive AI-308, issued and effective as of September 18, 2015, provides YRP members with direction on the responsibilities and proper use of computer equipment, technologies, software and internet use. This was marked as Exhibit 9, and states in part as follows:

S. RESTRICTIONS ON COMPUTER / INTERNET USE / MATERIALS SHARING

5. Members shall not under any circumstances:

(a) create a partial or complete copy or recording of any in car camera, interview or cell block recording unless authorized as per Procedure AI-352 In-Car Camera System, Section J.

(b) use a personal Handheld Device to create a complete or partial copy of any image or video displayed on any York Regional Police computer/monitor.

i. YRP Command Directive AI-326, issued and effective as of February 27, 2015, provides YRP members with directions and responsibilities when dealing with disclosure of York Regional Police information and records.

C. GENERAL

4. Members shall exercise care when discussing details of an investigation, by any means other than in person, as the identity of the individual requesting the information cannot be confirmed.

E. RELEASE OF PERSONAL INFORMATION FOR NON-LAW ENFORCEMENT AGENCIES

1. Personal information shall not be released for non-law enforcement purposes, except in accordance with statute or as provided for in this section.

2. CPIC information or any other information, including but not limited to, information obtained through Versadex RMS, Cogent Mugshot System, Speed Track, Laserfiche, digital media, the in-car camera system or the mobile work station, shall not be used or accessed for any purpose other than official business related to the specific duties of a member.

[6] During the timeframe of the Indictment, Cst. Senior was friends, acquaintances, and /or colleagues with a number of people who will be referenced in these reasons, including:

a. YRP Constable Timur Timerbulatov #1568;

b. Simona Marra - Cst. Timerbulatov’s wife and Simona Marra were friends. Ms. Marra had only met Cst. Senior once, at a child’s birthday party. She never interacted with Cst. Senior in his capacity as a police officer, and had not seen or spoken with Cst. Senior since their first and only meeting;

c. George Papoutsos;

d. Fabian Wills;

e. Michael Vigliotti;

f. Steve McCue;

g. David Broadhead – step-son of Steve McCue;

h. Gordon Broadhead – brother of David Broadhead; step-son of Steve McCue, who use to work for Danny Iandoli’s company, Enviro Truck Wash. Mr. Broadhead was previously a friend of Cst. Senior, however, the friendship had ceased.

[7] Also, during the time frame of the Indictment, Cst. Senior was in an intimate relationship with:

a. Sherry Lynn Wafer – Sherry Wafer’s mother is Jean Dorothy Christie. Sherry Wafer’s brother is Shawn Wafer.

b. Adele Marsala – Ms. Marsala was employed at the Drive Test Centre, which offered driver licencing services on behalf of the Ministry of Transportation, at their Newmarket location.

[8] Other names that will become relevant as these reasons unfold are as follows:

a. Danny Iandoli – owned and operated Enviro Truck Wash;

b. Giancarlo Iandoli – the son of Danny Iandoli;

c. Stephen Hatzes – friend of Giancarlo Iandoli;

d. Domenic Iandoli – a relation of Danny and Giancarlo Iandoli;

e. Kevin Illies – friend of Domenic Iandoli;

[9] The allegations and charges are grouped into seven different events as follows:

a. The Confidential Human Source Payments and Receipts – theft under $5000 (count 1) and utter forged document (count 3) – Cst. Senior is alleged to have kept money that he was given to pay confidential human sources; specifically, Henry Wong, posing as a confidential human source, consisting of two payments of $1000 each, and David Broadhead, the source name he placed on an intelligence report related to Sherry Wafer and family, consisting of one payment of $300. The total amount of the theft is therefore alleged to be $2300. Further, Cst. Senior is alleged to have uttered a forged document in submitting payment receipts signed by Henry in circumstances where Cst. Senior kept the money, and in submitting a payment receipt forged by his friend Fabian Wills, by having Mr. Wills place David Broadhead’s signature on the form to indicate Mr. Broadhead had received payment for the information;

b. The Confidential Source Documents – utter forged document (count 2) – Cst. Senior is alleged to have authored and submitted an intelligence report about his ex-intimate partner, Sherry Wafer, and her family, by falsely attributing his personal knowledge to another individual, David Broadhead;

c. The License Plate Queries – unauthorized use of computer (count 4) and breach of trust (count 5) – Cst. Senior is alleged to have conducted CPIC queries for improper purposes for his friend / steroid dealer, George Papoutsos and for Henry Wong. In relation to George Papoutsos, Cst. Senior is alleged to have arranged through Cst. Timerbulatov to run a licence plate for Mr. Papoutsos and then disclosed this information to Mr. Papoutsos. As for Henry Wong, Cst. Senior is alleged to have run a licence plate for Henry Wong and then took a picture of the results of the query with Henry Wong’s phone.

d. The Drug Warehouse – Cst. Senior is alleged to have planned, and progressed past mere preparation, to rob a drug warehouse that Henry Wong had advised him about, in which he anticipated there would be several kilograms of cocaine and cash. (attempted robbery – count 8). In preparation for this robbery, Cst. Senior is alleged to have stolen and placed a loaded YRP shotgun in the back of a rental van as part of that attempted robbery. (possess firearm obtained by theft, possess weapon for a dangerous purpose – counts 6 and 7) Further, Cst. Senior is alleged to have offered to traffic the cocaine he expected to find in the warehouse to George Papoutsos, Michael Vigliotti, and Henry Wong. (trafficking in a Schedule 1 substance – count 9)

e. The Intelligence Report – Cst. Senior is alleged to have advised Michael Vigliotti that he was under police investigation. He is alleged to have obtained this information from a fake intelligence report that was brought to his attention by Det. Mike DiPlacido, as part of the undercover operation. (breach of trust – count 10)

f. The Steroids – Cst. Senior is alleged to have trafficked testosterone and steroids to his colleague and friend, Cst. Timur Timerbulatov, and to UC1. (trafficking in Schedule IV substance – counts 11-12)

g. Improper Use of Police Computers and Disclosure –These counts allege that Cst. Senior, for personal reasons, improperly accessed (count 13- unauthorized use of computer) and disclosed (count 14- breach of trust) confidential information from CPIC and YRP databases. The counts relate to queries specified and found in ASF#4 (Exhibit #4). Specifically, with respect to Count 13, the Crown alleges that Cst. Senior used police databases to conduct unauthorized queries on the following people:

• Lauren Azeez and Stephen Hatzes

• Candace Fraser and Yaser Mansour

• Simona Marra

• Sherry Wafer

• Danny Iandoli; Domenic Iandoli; Derek Iandoli; and Steve McCue

With respect to count 14, the allegation is that Cst. Senior disclosed confidential information gleaned form these queries to third parties, specifically to Lauren Azeez about Steven Hatzes, to Candace Fraser about Yaser Mansour, and to Cst. Timur Timerbulatov about Simona Marra and her husband.

[10] A direct Indictment was signed and filed with this court in early December 2020.

[11] This trial was conducted over Zoom with a judge sitting without a jury. The trial consisted of the viva voce testimony of UC1 and UC2 (“Henry Wong”), and a number of agreed statements of fact, which included a number of intercepted audio and text-based communications, video observations, data extracted from various phones including text-based messages and photographs, emails, surveillance video, and photographs taken by police officers as part of the investigation. While the viva voce evidence was most certainly challenged at this trial, the interceptions, extracted data, video, and photos, were not challenged at all. This court does note, however, that even though transcripts of the intercepted audio communications were prepared, it is the actual audio that is the true evidence, especially since there were significant errors noted in the transcripts. When quoting from various audio recordings, this court has done its best to decipher the actual words stated on the recording as opposed to relying on the transcript. Therefore, while the page references will relate to the page numbers of the transcripts, the words quoted will sometimes differ from the transcript.

Facts

[12] Many facts in this trial were not contentious, and a detailed recitation of the facts is necessary in order to understand the various allegations and charges. The facts found by this court will be provided chronologically.

CPIC and Versadex Queries Prior to the Formal Investigation

[13] Lauren Azeez was a friend of Cst. Senior. In 2016, she asked him to “run” her name and her ex-boyfriend’s name, Stephen Hatzes, on a police database. She explained that she did this “out of boredom”, “for fun.” Some weeks later, Cst. Senior told her about the results of his queries. She recalled that he referred generally to her ex-boyfriend’s traffic tickets and to a specific occurrence that had taken place at Ms. Azeez’s 22nd birthday party at an establishment called Marlowe’s. An offline audit of Cst. Senior’s CPIC queries established that he queried Lauren Azeez on October 25, 2016 at 9:23 a.m., followed by Stephen Hatzes on October 25, 2016 at 9:37 a.m. and 10:06 a.m. The queries were referred to and reproduced in ASF#4, paragraph 1 and Folder 1 (Azeez and Hatzes), pages 5-7.

[14] Danny Iandoli owned and operated Enviro Truck Wash. Danny Iandoli is related to Domenic Iandoli. Domenic Iandoli and Kevin Illies were friends. Steve McCue was acquainted with Cst. Senior. An offline audit of Cst. Senior’s CPIC queries established that he queried:

• Danny Iandoli on November 17, 2016 at 10:50 a.m.;

• Domenic Iandoli on November 17, 2016 at 10:53 a.m.;

• Derek Iandoli on November 17, 2016 at 10:54 a.m.; and

• Steve McCue on October 16, 2017 at 08:47 a.m.

[15] Forensic examination of the Samsung phone seized from Cst. Senior, and searched pursuant to a general warrant, revealed a folder entitled “Green House”. It contained various photos of what appeared to be a marijuana grow operation, large quantities of cash, green trucks with the name “Enviro Truck Wash”, license plates, and several pictures of a police terminal containing information on various persons, including those listed above, produced as the result of a CPIC or Versadex query. The queries were referred to and reproduced in ASF#4, paragraphs 6-8 and Folder 5 (Greenhouse), pages 20-103.

[16] Cst. Senior was in an intimate relationship with Sherry Wafer. An offline audit of Cst. Senior’s CPIC queries established that he queried her on December 6, 2017 at 9:29 and 9:30 a.m. This query was referred to and reproduced in ASF#4, paragraph 5 and Folder 4 (Wafer), pages 18-19.

[17] Candace Fraser knew Richard Senior, having met him in Toronto many years prior. She resided in Alberta. Despite not having seen him in person in over 10 years, she had kept in touch with him, by phone and text. At some point, Ms. Fraser started dating a man named Yaser Mansour, and during a conversation with Cst. Senior, she asked him if Mr. Mansour was “legitimate.” She recalled that Cst. Senior told her that Mr. Mansour was “ok”. She also asked for Mr. Mansour’s address, which she recalled Cst. Senior provided her. An offline audit of Cst. Senior’s CPIC queries established that he queried the name Yaser Mansour on his police mobile working station on February 21, 2018 at 10:36 a.m. Forensic analysis of the Samsung phone seized from Richard Senior and searched pursuant to a general warrant revealed a folder titled “Candace F” that contained an image of a CPIC query of Yaser Taisir Mansour, with his date of birth, address in Edmonton, and an associated cell phone number. This query was referred to and reproduced in ASF#4, paragraph 2-3 and Folder 2 (Fraser and Mansour), pages 8-10.

Project Tadeu

June 2018

[18] UC1 became involved in the YRP investigation, Project Tadeu, on Monday, June 18, 2018, when he was contacted by Superintendent Brian Bigras. On June 19, 2018, he met with Superintendent Bigras and another Deputy. He was asked to participate in a police corruption investigation and act in an undercover capacity. His cover story was that he had just come off suspension, was relocated to 5COR, with his general duties being traffic and community related events. (In fact, UC1 had been on suspension for several months as a result of criminal charges which were withdrawn on May 2, 2018. His suspension was from October 20, 2017 to May 2, 2018.) The target of the investigation was Cst. Richard Senior, who he knew in passing. The nature of the investigation was to investigate Criminal Code offences of breach of trust. In cross-examination, UC1 testified that he understood the investigation related to Cst. Senior allegedly checking licence plates that he had no valid reason to check. As for his objective, UC1 testified that he was to “insert” himself or “infiltrate” the life of Cst. Senior, befriend him, act as the undercover, and assist in collecting evidence. These were the original objectives he was given, however he obtained further objectives as things continued from his handler, Det. Aaron Ladouceur. In cross-examination, UC1 agreed that he was not to suggest or create criminal activity. There was no timeline given to UC1 as to how long this investigation would take, but rather he would be involved as long as directed by his handler.

[19] UC1 met Cst. Senior on June 27, 2018. They had a friendly chat and exchanged personal phone numbers. There was no objective on that day.

[20] On Thursday, June 28, 2018, the objective of UC1 was to meet with Cst. Senior and continue to build rapport with him. On that day, they met up and partnered together. They did traffic enforcement and had social conversation.

July 2018

[21] On July 5, 2018, the objective of UC1 was to secure the 5COR vehicle that he and Cst. Senior would drive in and have the tech unit do an audio / video installation. UC1 did secure the vehicle that day, a 2009 Chevrolet Tahoe with licence number BFVA055. He took the vehicle off site to have the tech unit do the installation, which was done.

[22] On Sunday, July 8, 2018, UC1 reached out to Cst. Senior, using his undercover phone, and requested to borrow Cst. Senior’s personal truck. UC1 stated in the message, “I need to move shit from Markham to Bradford”, “Need a friend with a truck lol”. After some exchange, Cst. Senior stated, “Brother the truck is yours”. (ASF#3, pages 191- 194) UC1 explained that the objective was to get Cst. Senior’s personal truck in order for the tech unit to install audio and video. Arrangements were made for UC1 to have the truck the next day.

[23] On July 9, 2018, the two officers traded vehicles and the tech installation was performed on Cst. Senior’s truck, his F-150 pick up truck with Ontario licence plate AD52052.

[24] Also, on July 9, 2018, UC2, “Henry Wong” (“Henry), met with his cover team. The objectives given to him were to pose as a confidential informant, to build a relationship with and gravitate toward Cst. Senior, and to eventually ask him to run a licence plate through CPIC. Henry explained that he was to be pulled over by Cst. Senior. In order to stage this, he was to drive in a manner that would result in his getting pulled over and which would justify him receiving tickets, but that in exchange for not getting tickets, he would offer to provide information about illicit drugs, cash and firearms. Henry was to play the role of a “mid-level Asian organized crime figure” who was bringing in cocaine and fentanyl from China and distributing it. In order to hide the illegal activity, Henry purported to be importing tea.

[25] On July 10, 2018, UC1’s objective from his handler was to build rapport with Cst. Senior and to set the stage for the introduction of a confidential human source. The plan was to create a scenario where the two officers would be together, they would see another undercover operator doing a traffic violation, and they would recruit this person as a confidential human source. UC1 did not know the other officer who would be playing the role. There was no objective / discussion in relation to improper queries on licence plates.

[26] On Thursday, July 12, 2018, the objective for UC1 was to build rapport and to make another attempt at the confidential human source scenario. Again, the plan was that a traffic stop would be conducted, the person being stopped would have the cover story that he could not suffer getting another ticket and that he was looking for leniency. The person being stopped would gravitate to Cst. Senior. UC1 would leave them to talk so that the relationship could happen. On that day, the plan was carried out.

[27] Cst. Senior and UC1 were driving an unmarked police vehicle in Vaughan. Cst. Senior was driving the vehicle. Henry drove in a controlled, but speeding and somewhat erratic manner, to catch their attention. He saw the lights on the cruiser go on and he was then pulled over. Cst. Senior and UC1 approached his vehicle and told him that he was driving like Mario Andretti. They asked for his papers and he gave his registration and insurance. He said that his driver’s licence was in the trunk and he exited the vehicle to get it. As part of standard practice, the officers went back to their police vehicle to run Henry’s vehicle information. Henry was then told that he had 6-7 tickets that could be written for his violations, at which point Henry pleaded not to lose his licence. He asked to speak to the officers in the police vehicle. The conversation in the police vehicle was recorded on R. Senior V1-Tahoe 2018-07-12 14-57-09 00073-001. Henry stated:

…how ‘bout I give you some information take back the tickets I just can’t lose my driver’s licence man…I need to make a living I gotta feed my family…okay well what do you want like you want guns you want dope you want uh counterfeit cash (ASF#3, page 483)

At first, it was primarily UC1 engaged in the conversation with him. UC1 stated, “Sure try me”, “tell me a little bit about both”. (ASF#3, page 484) Henry stated that, if they gave him a number, he could give them a locker in less than an hour. Cst. Senior suggested that if the information provided did not come through or if it was not legitimate, they had options to proceed with the ticket enforcement. UC1 confirmed with Henry that “if your hands are in it, I want nothin’ to do with it..” (ASF#3, page 486) Cst. Senior then confirmed that Henry was at nine points on his licence so “one’ll kill him, one’ll end him”. (ASF#3, page 486) Henry stated that he just wanted to deal with one person, and said:

You Richard I wanna deal with you ‘cause uh…you look like someone I can trust. (ASF#3, page 487)

Cst. Senior only had one personal phone, so UC1 gave Henry his two phone numbers. Cst. Senior stated that the reason he got UC1’s numbers was because they were encrypted, which was confirmed by UC1. The plan was complete – Henry Wong was recruited as a source and Cst. Senior was to be the primary point of contact for Henry, initially through UC1’s phone.

[28] After the traffic stop, UC1 and Cst. Senior had a discussion about having encrypted phones. UC1 was attempting to relate the need for encrypted phones to his own experience relating to his criminal charge and suspension, and to convey the message that the police were unable to get into phones that are encrypted. UC1 stated that he returned to the issue of encryption because investigators were moving toward obtaining Cst. Senior’s phone to set it up to intercept the data. UC1 explained to Cst. Senior, “you know you can’t intercept it….it all wipes itself out….if the passwords not given uh there’s a secondary password so if it….if it’s not answered properly if if you fuck it up you don’t know if it just wipes out.” Cst. Senior, who did not seem to know anything about this process, asked, “Right how how many tries”. UC1 provided further information. UC1 also stated, in relation to the confidential human source, Henry, “…we need to go over the…CHS….I don’t know if I give him promises….” UC1 suggested getting Henry carded. He further explained:

….if we meet with him again we just have to go through a bunch of things. We can read him a document about you know you gotta everything’s you know it’s all privileged information, you know privileged information you remain anonymous, yada, yada yada…

Yeah so informants it’s always you you know the an’ analogy uh eyes and ears, hands and mouth. Eyes and ears are always good, hands and mouth is bad, put you’re hands in it, you’re involve in it, pretty much hands and mouth its good…uh sorry it’s no good if it’s your hands and mouth…

UC1 asked if Cst. Senior’s phone was encrypted, and he responded, “No, I wish it fuckin was.” UC1 stated, “You should do it I mean get it done eh”, to which Cst. Senior responded, “I plan to now….I plan to now”. (Intercept – R. Senior V1-Tahoe 2018-07-12 14 15-12-09 00074-001; ASF#3, page 494-500)

[29] Henry called UC1’s phone at 3:45 p.m. that afternoon and asked to speak to Cst. Senior, at which point he handed the phone to Cst. Senior.

[30] A few minutes later, at 4:09:07 p.m., Henry texted UC1, directed to Cst. Senior:

Richard bro…I’ll get u dat number…working on it now. (ASF #3, 436)

[31] Later that day, UC1 and Cst. Senior exchanged some WhatsApp messages as follows (starting at 7:26:57 p.m.):

RS: I will send the email tonight

UC1: Rog.. dougy waiting for it…np

RS: It isn’t much but I will send what we got

UC1: Cc to me to Bruv

UC1 explained that Cst. Senior was sending a report to D/Sgt. Doug Bedford about the information received from the confidential human source, Henry. UC1 asked to be copied on the report. The messages continued:

UC1: Fucker txt me calling me Richard

UC1: You can handle him…I’ll co handle

RS: Cool

RS: LOL

RS: He thinks we could share the phone

RS: You are being CC as we text

RS: What is Henry’s phone number

UC1: 6133163354

(ASF#3, pages 203-204)

[32] Later that night, on July 12, 2018, at 10:08 p.m., Cst. Senior submitted information to D/Sgt. Doug Bedford #964 by email about this traffic stop and driver, and copied UC1. The email stated in part as follows:

…The MV was stopped for various traffic violations of aggressive driving…. The driver, Henry, stated he could not afford to get another ticket and lose his licence and was willing to provide information to the officers. Henry currently has 9 points attached to his licence.

…Henry was in possession a large sum of money and 4 x $100 poker chips, which was plainly visible when Henry pulled out his wallet. Henry advised he had information on guns, drugs and counterfeit money. Henry told officers he owns a import/export company that brings in exotic teas from China…. Officers decided to give Henry warns for his driving behaviour. Henry provided a phone number to be contacted at for the information. Henry advised he would have the information for the officers within the hour.

Henry was released with a verbal warning. An hour later Henry called and advised the officers that there is a storage facility that he is aware of that holds about 20-25 guns with serial numbers scratched off, cash and a cocaine press. The storage place is STORAGE MART – 10345 Keele Street, Vaughan.

Cst. Senior further advised that Henry provided information with respect to the person that owned the unit and the car that person drove, and that Henry would provide more information if available. Cst. Senior advised that UC1 had the contact phone number for Henry and that either of them could be contacted for more information. According to UC1, he was not involved in authoring the report, rather it was completed by Cst. Senior and copied to him. (ASF#2, pages 3-5)

[33] On the afternoon of July 13, 2018, UC1 sent a text message to Cst. Senior stating that he was getting his iPhone encrypted and could get Cst. Senior’s done as well. (ASF#3, page 204) There was no text response from Cst. Senior.

[34] On July 15, 2018, starting at 10:24:25 a.m., UC1 sent a message to Cst. Senior stating, “Yo…you’re new bff Henry sent me a phone number”, “1-289-264-5119”, “That’s the guy with the X5….WITH THE STORAGE unit…”, “Can yu send that to S/Sgt. Bedford? When yu get a chance?” There was no text response from Cst. Senior.

[35] At 12:12 p.m., UC1 sent an email to D/Sgt. Bedford and Cst. Senior which stated:

S/Sgt Bedford,

Just further to the information received from the CI, they have provided a phone number of the person in question, this information was provided only yesterday.

The phone number is

1-289-264-5119

Cst. Senior and I will complete the intel report this week, when we are back at work.

Please note that Cst. Senior will be handling the CI, and I will assist in co-handling. He has already built a rapport with the CI and I personally don’t want to interfere in that relationship, and will only oversee it…

(ASF#2, pages 6-8)

[36] At 12:16:57 p.m., UC1 messaged Cst. Senior and said, “No worries…I sent the info via email…all good…” (ASF#3, para 205)

[37] On Monday, July 16, 2018, the objective for UC1 was to continue to build rapport with Cst. Senior and to establish the “cell phone scenario”, which was to get Cst. Senior’s cell phone into the hands of the tech unit.

[38] On that day, at 8:34 a.m., D/Sgt. Bedford sent an email to Sgt. Mike Boris #941, who was in charge of 5COR, copied to UC1 and Cst. Senior, describing a fictional seizure of two loaded handguns, approximately $40,000 in cash, and a cocaine press made as result of information obtained from Henry. The email stated in part:

…I would like to take the opportunity to congratulate your officers Richard Senior and [UC1] for their fine work last week…

….Please pass on my regards for some fine work, and if you have any further from this CHS, please forward the information along…

In response, on the same day, Sgt. Boris requested to have the email added to their personnel files. This request was also copied to UC1 and Cst. Senior. (ASF#2, page 9)

[39] There was a recorded conversation that day between UC1 and Cst. Senior. This communication was intercepted over a bodypack worn by UC1. (Device 1 2018-07-16 09-40-00 00001 20180716) UC1 described the tone of the conversation as “proverbial high 5s” about the seizure. There was also a discussion about the procedure in relation to handling a confidential human source. During the recorded conversation, the officers went to the Big Sizzler to eat, where they met other officers from 5COR, then traveled to the Pacific Mall in Markham, where they met another undercover tech officer. Cst. Senior was led to believe that this was for the purpose of having his phone encrypted. Both officers provided their phones and passwords to an individual at the Pacific Mall. Of course, the phones were not being encrypted. In fact, officers were setting up Cst. Senior’s phone to be intercepted. Relevant portions of the discussion are as follows:

ASF#3, page 618

UC1: Did you do any source ah like handling courses outside of your…

RS: None…

UC1: It’s probably eight thousand (8000) violations we did but…

RS: Grey area…..

UC1: ….we’re gonna have to get him carded

RS: ….sell him on it

UC1: …he’ll do it …we gotta see if they will give him money for it…

UC1 agreed during his testimony that Henry had not asked for money, rather he just did not want his licence suspended. The idea to introduce money came from UC1’s handler. UC1 agreed that he, not Cst. Senior, had the authority to provide money to the confidential human source. The conversation continued:

ASF#3, pages 641-2

RS: So you wanted to read that ahm CI stuff

UC1: Oh we gotta oh yes,…so yeah just on the …

RS: Yeah yeah

UC1: It’s been a while some of the tactics I use… you know the big thing is you can’t make promises.

UC1: The trick is the phone, right, we’re not allowed using our personal phones. We’re not allowed using any….

RS: Yeah

UC1: You can’t you can’t give a CI a fucking police station phone number right

RS: Yeah

UC1: That just you’re compromising them

RS: Yeah

UC1: I’ve always used other phone… secondaries.

RS: As I said we need two (2) if we’re gonna do this we need to get ahh I mean we have a work phone but we should get another phone.

UC1: …could use mine. I have no problem using that if we just flip it back and forth I have no problem

RS: My whole thing is that I don’t want people having personal information…

UC1: …well yeah see and that’s what that’s what the encryption is all about right like you’ll…people to hide… you can’t send them fucking you know those apps they have…to download…

ASF#3, pages 642-645

UC1: …So you’re you’re a level one handler

RS: How?

UC1: You’ve taken the uniform intelligence course

RS: Sure

UC1: Have you

RS: Yeah I think so

UC1: You’ve taken de’ drug course

RS: Yes

UC1: Uniform drug investigation course yeah

RS: Yeah

UC1: So you’re you’re

RS: Yeah

UC1: Level one

RS: Yeah

UC1: So level two

UC1: …So that’s why I gave him to you. You’re level one. I’m a level two so I can….

UC1: Human source controller and officer in the special services unit…CHS notebook we gotta get a CHS book that’s very important like we I know we sent the email we just cut and paste that email throw it in

RS: Yeah yeah

UC1: See we can cover off that

RS: Oh so anything we do in regards to him we have to put in that notebook

UC1: Separate notebook for every source

RS: You label in his name or you just give him the number…

UC1: Once so what we’ll do is we’ll meet him we’ll have to meet him again ahh first do the intel report send it up so…they can pay his ass..

RS: Yeah yeah

UC1: And then ahh we will meet with him we have to go through a preamble of stuff pretty much telling him the information he gives is privileged he doesn’t have to testify in court

RS: Yeah

UC1: He’s the only person that can ahh…give up the privilege ah can’t be involved in any like major crimes

RS: Right right

UC1: Like murders and shit like that

RS: …

UC1: It’s just

RS: Anymore (mouth noise audible)

UC1: Anymore

RS: Anymore (mouth noise audible)

UC1: I don’t want I don’t want to even fucking know

RS: Yeah (laugh audible)

UC1: You know we can’t facilitate any fucking he’s on firearms prohibitions and he’s fucking involved in fucking guns like that’s one thing when we ran him there’s no firearm provisions but if he was that’d be questionable then we’re compromising you what we do

RS: Yeah

UC1: Right

UC1: Payment matrix payment matrix score when a CHS I think he’s gonna get paid probably maybe a fifteen hundred (1500) maybe source means the person that buys information on with police without the understanding their identi’ with the with or without the understanding that their identity will remain confidential the source may or may not be a CHS confidential source the information provided by source may ahh may not remain confidential that’s in major crimes right

RS: Yeah

UC1: He’s like ahh his dead body over here well it’s a little different man

RS: Yeah

UC1: Source identified may be compelled to testify right that’s in that situ’ again in those major case

RS: Yeah

UC1: Witness person can give firsthand account something that’s seen heard or experienced a you know what different is an agent is right you know what an agent is pretty much we’re telling him what to do

RS: Yeah yeah I know

UC1: And we know it all that stuff so that’s we we pretty much own his ass

UC1 continued reading the procedure relating to the handling of a confidential human source, including completing the various required forms (YRP256 (CHS – Introduction Report, YRP257 – Confidential Information Report, YRP480 – CHS – Payment Form). UC1 talked about the Detective who oversaw source payment, Frank Badowich, coming out to pay the source and that they could witness it, the requirement to have two officers at meetings with the confidential human source, and that the supervisor should be aware of such meetings. (ASF#3, pages 645-649) In his testimony, UC1 explained that most uniformed officers are level one handlers in relation to confidential human sources, and that Cst. Senior was such an officer. However, he agreed that becoming a level two handler, or an undercover officer, required different training. He stated that he wanted to give Cst. Senior information about what he could and could not do.

[40] UC1 explained that when they returned to the mall to get the phones, Cst. Senior noticed some technical issues with his device, in that he was missing some files and applications, and later complained that his battery was being drained too quickly. There were some text messages exchanged about these issues. (ASF#3, pages 2340-2341)

[41] On Tuesday, July 17, 2018, UC1 contacted Cst. Senior by text message in the afternoon and the following exchange took place.

UC1: hei bff called me…to speak to you…damn son…I ain’t your secretary…

RS: Yes sir I am

UC1: Can you call him

UC1: When you speak with him…let him know about his info

UC1: Between you and I…we will have to look towards compensating him…

UC1: You got his number on hei Whatsapp?

RS: Yea, I didn’t save it…I need it again

UC1 explained that Henry had called his phone and asked to speak to Cst. Senior. UC1 relayed that information and provided Cst. Senior with Henry’s number. Later in the day, UC1 messaged Cst. Senior to advise him that he could get his pictures back on his phone – in other words correcting the technical issues he was having. He stated, “I can do it Thursday night (I can grab hei phone and get it to Mo) or we wait till Tuesday…he is away this weekend as am I...” Cst. Senior indicated that he would wait until Tuesday. UC1 testified that he had spoken to his handler and was advised that they could get the missing information back, but the phone would have to go back to the tech unit. (ASF#3, page 2340)

[42] On Monday, July 23, 2018, UC1’s objectives were to continue to build rapport. Further, he was advised by his handler that Cst. Senior was “possibly” involved in selling steroids. Up to this point, UC1 had been to the gym with Cst. Senior two or three times and had breakfast with him almost every day or every other day. There had been no discussion of steroids and UC1 had not seen any evidence that Cst. Senior was involved in steroids at all. In cross-examination, UC1 clarified that the objective was to get Cst. Senior to sell steroids to him.

[43] Both officers were at the office that morning. They talked a bit about exercising and supplements. UC1 testified that this conversation was an attempt to “make a segue” into a discussion about steroids. They partnered together that day.

[44] On Tuesday, July 24, 2018, the objectives of UC1 were to arrange a meeting with the undercover tech to have Cst. Senior’s phone fixed, and also to work out with Cst. Senior. The purpose of working out was to continue to build rapport and to see if there was any evidence in relation to steroids.

[45] At 7:08 a.m. that morning, UC1 sent an email to D/Sgt Bedford, copied to Cst. Senior, with an attached Intelligence Report in relation to information received from Henry regarding the storage unit at 10345 Keele Street in Vaughan. The email stated in part, “We will be numbering this CHS, as soon as possible.” UC1 testified that he believed he authored this report and Cst. Senior would have reviewed it. (ASF#2, pages 10-13)

[46] On the same day, at 9:30 a.m., Henry called UC1’s phone to speak to Cst. Senior. Henry thanked Cst. Senior for not giving him tickets and enquired about what was seized. Cst. Senior stated that there were only two guns seized. Henry stated that the police had to move fast, otherwise the illicit guns or drugs would be moved. Cst. Senior and Henry agreed to meet again on Friday, July 27, 2018 in Toronto.

[47] Later that morning, UC1 and Cst. Senior attended at Pacific Mall in Markham. Part of the interaction between them was intercepted, captured on R. Senior V1 – Tahoe 2018-07-24 10-49-24 00225-001), starting at 10:49 a.m. During the interaction, Cst. Senior made a call to Henry to try to arrange a meeting for Friday afternoon at 3:00 p.m. Henry was going to call him back on Friday. There was then a discussion about calling Sgt. Mike Boris. At which point the following exchange took place:

UC1: No but you’re fuckin I’m the co-handler…

RS: Stop you need to stop with all that bull shit right now this is fifty fifty….

UC1: Shits on…

RS: It sounds like some Oliver North shit…

UC1 called Sgt. Boris to inform him about meeting with the confidential human source, Henry, on Friday at 3:00 p.m. and asked about having them work that day. It appeared from the conversation that this was authorized by Sgt. Boris. After UC1 got off the phone, Cst. Senior talked about getting “funding” for this meeting – for dinner and drinks – and suggested that the meeting should happen at Joey’s. Cst. Senior suggested that they submit the bill to YRP. The following exchange then occurred:

RS: Yeah and we’ll fuckin know’ wha’ I mean have food and drinks n’ then submit it to YRP….you should know how to do this I’m following your lead

UC1: Buddy

RS: I’m making this shit up as I go along I don’t know what the fuck I’m doing

UC1: Let mother fucker pay for dinner and drinks okay let him do what he wants you know we can’t we can’t buy him shit those are inducements we can’t do that.

RS: No I was jus saying we go for drinks and stuff n’ we eat we buy appetizers we can’t buy appetizers share them

UC1: Well it’s not my bill I won’t pay for him because he’s not carded we’ve gotta get him carded what I’ll do is I’ll uh….

RS: Yes we’ll card him

UC1: Uhm I’ll get all the paperwork from uhh covert from Badowich just gotta go through preamble

RS: Mm call uh Bedford

UC1: No

UC1: You wanna talk to Doug

RS: No I

UC1: Until you get to know the guy (unintelligible)

(voices overlap)

RS: I’ve gotta (stutters) I’m not gonna have a cold call conversation

UC1: No you won’t jus (unintelligible) I know who you are

(voices overlap)

RS: No no I’m working I’ve been working

UC1: You need to get to know these people

(voices overlap)

RS: I will get to know these people but not on a cold call jus it sounds more credible coming from you cause he’s gonna ask questions I don’t fuckin know the answer I’ve been looking to you for the answers

(ASF#3, pages 692-700)

UC1 testified that it was bad practice to pay for food for the confidential human source.

[48] After their shift, UC1 and Cst. Senior met the undercover tech officer in the Pacific Mall. Cst. Senior’s phone appeared to be fixed. They then went to Goodlife to work out together. In the gym, there was just regular conversation, nothing of investigative value.

[49] On Friday, July 27, 2018, the objectives for UC1 were to set up future workouts with Cst. Senior, attempt to purchase steroids, meet with Henry and allow Henry and Cst. Senior to be alone. UC1 arrived at the station around 1:00 p.m. He secured an unmarked car so that they could travel to meet Henry.

[50] At 2:29:17 p.m., Henry called Cst. Senior and left a message to have him call back. A few seconds later, Henry called the phone number for UC1 but Cst. Senior was not available. At 2:36:41 p.m., Cst. Senior called Henry to say he was in the gym and would call back in twenty minutes. (ASF#3, page 437) (Conversation was recorded on R. Senior Telus Cell 1 (416-725-1116) 2018-07-27 14-39-15)

[51] At 3:00 p.m., UC1 and Cst. Senior met up, in plain clothes, and drove together, in an unmarked car, to meet Henry at Joey’s, in the Markville Mall. In the vehicle, they talked about workouts. UC1 entertained the idea of using steroids, also known as “gear”. Cst. Senior objected to the idea, suggesting that he needed to work out harder and improve his diet. They had a general discussion about steroids in which Cst. Senior told UC1 that steroids from Germany and India were the best, and also that he had a friend who had, three or four months prior, brought steroids into the country from Mexico. They talked about the fact that it was an offence to cross the border with steroids. Cst. Senior did not offer any steroids to UC1.

[52] When they arrived at Joey’s, Henry was already there. UC1 positioned himself at the edge of the booth while they talked. Henry thanked the officers for not giving him tickets and stated that he was working on giving them more information on another locker that would contain multiple kilograms of cocaine, but no guns. He stated that he knew it would be there because he had sampled it, however, assured them that it was not his product. Henry provided the first name of the person who owned the storage unit. After the meal, Henry paid the bill as instructed by his handler. Henry testified that he did this to support the role he was playing – as a “mid level Asian organized crime figure” who had money. UC1 testified that it was not permitted for an officer to accept money or gifts from an informant. Henry also testified that a police officer should not allow the informant to pay, as this could compromise the officer, and that this was part of basic peace officer training. After Henry left, UC1 and Cst. Senior moved to the bar side of the restaurant, had some drinks and talked about other issues, including source handling and forms. UC1 advised Cst. Senior that they had to complete the confidential human source forms and submit the paperwork. The conversation at Joey’s does not appear to be have been recorded.

[53] Commencing at 6:04:09 p.m., Henry sent a text to Cst. Senior and the conversation was as follows:

HW: Storage locker is at 40 metropolitan road in Scarborough called access storage

RS: All good brother

HW: Her name is Wang, can’t remember her family name

RS: You have a name phone number and unit number?

RS: Cool, nice

RS: You have a unit number??

HW: She is Asian about 47-50 years old, long blond extensions and she was there yesterday afternoon around 245

RS: And her contact number if you can

HW: I don’t remember unit number but when you get in, first right and immediate left…it’ll be 4 or 5th locker on left

HW: Her hubby chai is a serious player and they live in Scarborough…midland and finch area

HW: She’s always in different rental cars she she changes her phone all the time

HW: She should be coming tomorrow afternoon so you can get her while she’s there…lol

HW: Her hubby chao has her moving product for her all the time

HW: Btw: r u on Whatsapp?

RS: Yes I am on WhatsApp

RS: Thanks bro

RS: Much appreciated

HW: I’ll hit you on WhatsApp lata

RS: Cool

(ASF#3, pages 437-8)

[54] After the meeting at Joey’s, the two officers returned to the station. At 6:52 p.m., Cst. Senior sent an email to D/Sgt. Bedford, copied to UC1 in relation to the information received. The email stated in part:

Myself and [UC1] met with CHS who provided the following information in regards to 10-15 kilos of cocaine in a storage facility.

Storage locker is at 40 Metropolitan Road, Scarborough, the place is called Access storage…

The email provided further information in relation to the owner of the unit and stated, “Intel report to follow”. (ASF#2, page 14)

[55] On Tuesday, July 31, 2018, the objectives for UC1 were to work out with Cst. Senior, revisit the topic of steroids, and continue to build rapport. There was no direction or objective in relation to licence plates or mishandling of money.

[56] At 10:46 a.m., D/Sgt. Bedford sent an email to Cst. Senior and UC1 describing a fictional search and seizure, at 40 Metropolitan Road in Scarborough, of $75,000 in cash and 25 empty / discarded kilogram packages which appeared to have cocaine residue. The email stated in part, “This CHS has provided some significant intelligence and I encourage you to continue contact with them if possible. If you are drafting a YRP050 please forward to me, and any future information as well….” (ASF#2, page 15)

[57] UC1 and Cst. Senior arranged to go work out around 6:00 p.m. at Goodlife at the Markville Mall. They met and worked out for an hour or an hour and a half. After the workout, in the parking lot, UC1 revisited the idea of himself using steroids. He asked Cst. Senior for information about the price of a “cycle”. Cst. Senior responded, “How should I know?” UC1 stated, “You’re the gym guy.” Cst. Senior then mentioned that he used to know someone – “meatheads” – a few months ago, who could get steroids. They had a general discussion about different steroids, such as D-Bol and Anavar. Cst. Senior told UC1 that D-Bol was bad for the body, and that he should improve his diet first, including a proper nutrition plan and protein shakes. UC1 agreed in his testimony that, by this time, he had spent over 150 hours with Cst. Senior and, when steroids were again brought up, Cst. Senior’s advice was a better diet and legal supplements.

August 2018

[58] On August 1 and 2, 2018, UC1 and Cst. Senior exchanged text messages. On August 1, Cst. Senior stated that he was still missing data on his phone, however he seemed to resolve some of the problem during the discussion by updating his application. He was also complaining about the battery life. (ASF#3, pages 2337-8) UC1 texted him a picture of a chicken breast to inform him that he was eating healthy. (ASF#3, page 216) On August 2, 2018, they had a text discussion about work out supplements, such as glutamine. (ASF#3, page 2337) UC1 sent Cst. Senior a picture of a protein container to demonstrate that he was committed to his diet, supplements and the advice he had given to him. (ASF#3, page 216)

[59] On August 3, 2018, Cst. Senior and Henry exchanged some text messages as follows:

00:57:07 – HW – Hey bud, whassup?

04:53:30 – RS – Hey bro, what’s going on?

04:55:27 – RS – Good lunch the other day

04:55:55 – RS – We should meet up for coffee when you are in town next, et me know.

07:13:39 – HW – Absolutely…just busy working on something and getting some info for you but I’m

07:14:07 – HW – travelling lots right now

08:25:00 – HW – Btw: how did the last stuff I have work out fer ya

09:07:26 – RS – Good, it worked out well, we got on it a little late so we missed a bit but we ended up collecting the spoils of after. Much appreciated. Let me know if there is anyone else you are pissed off with…lol

09:10:22 – HW – Lol…what did u wind up scoring in that locker?

09:10:45 – RS – Cash

09:10:51 – RS – No product

(ASF#3, page 438)

[60] In the later afternoon, on August 9, 2018, UC1 and Cst. Senior interacted at 5COR. UC1 agreed in his testimony that, up to that point, he had not observed any misconduct on the part of Cst. Senior, despite the passing of several weeks and many hours of investigation. Later that evening, the two of them met up with a friend of Cst. Senior at Joey’s. UC1 agreed that this was an example of him “inserting himself” into the life of Cst. Senior. During this meeting, Henry called Cst. Senior to say “I got heiring for ya” and referred to a coke deal going down the following day at Empire Banquet on Nexus Avenue in Brampton between an “Asian dude and…a East Indian one” at 2:00. Cst. Senior asked if Henry could “WhatsApp him” the information. Henry said he would be in town on the 19th and that they would “hook up”. The conversation was recorded on R. Senior Telus Cell 1 (416-725-1116) 2018-08-09 21-28-42. (ASF#3, pages 704-5)

[61] At 9:34:20 p.m., the following text conversation took place between Henry and Cst. Senior:

HW: Hey bud…I got more info fer ya…there’s a coke deal going down tomorrow at the empire banquet on 100 nexus av in Brampton between an Asian and East Indian dude…

HW: Asian dude drives a rental…I think the plate is ANRS888…the other jambroni drives a black crv

RS: About what Time?? Approximately

HW: 2

RS: Okay cool brother, much appreciated. We will go out for some drinks when you are in town next

HW: If u find his 2-4 key of coke, ale a selfie for me!

HW: …I got another big play on the go, we’ll chat more when I’m in town on the 19th if ur free?

RS: Yea man.. for sure, and thanks again

(ASF#3, pages 438-9)

[62] Cst. Senior advised UC1 of this upcoming “coke deal” and suggested that UC1 contact D/Sgt. Bedford to let him know what was going to happen. During the same meeting, UC1 took a call from his handler, Det. Ladouceur. UC1 testified that the objective from his handler was to start showing a different side to himself – a criminal side. During the call, UC1 made sure that Cst. Senior heard him say “give me the $2000 now and I’ll take the $1,000 later”. UC1 testified that he “dropped high value numbers” to show his criminality and the suggestion that he was “dirty”. He attempted to make the call sound “shady”. UC1 stated that he made these references to see if Cst. Senior asked about it, however, Cst. Senior did not ask and UC1 did not know if Cst. Senior heard his conversation.

[63] At 10:10 p.m., while still sitting at Joey’s, UC1 sent D/Sgt Bedford an email, copied to Cst. Senior, stating in part as follows:

Just to let you know, the same CHS called this evening and provided the following information. (Again something that is time sensitive)

• a cocaine transaction is to occur on 10Aug18 at 2pm…

• the address of where this deal is to occur is at the Empire Banquet

hall located at 100 Nexus Ave, Brampton.

The email concluded with, “Intel report to follow. Please let us know if this information is valid. He has provided accurate information in the past is proven reliable” and it is signed by “[UC1] & Rich”. (ASF#2, page 16). About a half hour after the earlier text messages, Henry texted Cst. Senior to say he had messed up the date and it was going to be Saturday at 2. (ASF#3, page 439) At 10:59 p.m., UC1 sent a further email to D/Sgt. Bedford, copied to Cst. Senior, to correct the date of the deal from Friday, August 10 to Saturday, August 11. (ASF#2, page 17). D/Sgt. Bedford acknowledged the correction by email to both of them on August 10, 2018 at 7:08 a.m. (ASF#2, page 18)

[64] On August 14, 2018, the objective for UC1 was to give Cst. Senior a battery pack for his phone, as he was still having issues, and to continue to build rapport with him. UC1 agreed in cross-examination that, up until August 14, approximately nine weeks into the investigation, he had not observed any evidence of illegal behaviour on the part of Cst. Senior.

[65] The two officers were not partnered up that day. They did meet for breakfast, where UC1 gave Cst. Senior the battery pack. They then went to Woodbine and Steeles to do traffic enforcement with another officer. While doing traffic enforcement, UC1 stated that Cst. Senior’s demeanour was different. When asked if everything was ok, Cst. Senior explained that he was having an extra marital affair with Sherry Wafer and that his wife found out. Cst. Senior then provided a great deal of information to UC1 about Sherry Wafer and their relationship, including her background, how they met at the gym months previously, problems she had been having with her ex, and that her mother was a drug dealer who moved drugs across the GTA. Cst. Senior told him that he wanted to call CAS to “fuck over” Sherry Wafer. Cst. Senior also expressed that he wanted to do an intelligence report on Ms. Wafer. UC1 offered to help Cst. Senior document the information.

[66] Meanwhile, on August 14, 2018, at 2:59 p.m., D/Sgt Bedford sent Sgt. Boris, Cst. Senior and UC1 an email describing a fictional seizure, at 100 Nexus Road in Brampton, of a loaded 40 caliber, semi-automatic handgun and 6 rounds of ammunition, 1 kg of cocaine and 1 kg of cutting agent. The email stated in part, “Once again, I wanted to congratulate your officers on the exemplary work they are doing. Please continue to provide us with any information that the CHS is providing…” Sgt. Boris responded on the same day acknowledging the “fine work of [UC1] and Richard yielding fruitful results”. (ASF#2, page 19) UC1 agreed that positive reinforcement for work done felt good.

[67] On that same day, UC1 arrived at the station at 3:42 p.m. He met Cst. Senior there. The interaction with Cst. Senior that followed was captured on Device 1 2018-08-14 15-22-00 00003 20180814. Cst. Senior told UC1 more information about Sherry Wafer, her family and their involvement with drugs. Cst. Senior stated that he saw pounds of “weed” in her house one time and that she had at least a pound in her house presently. Cst. Senior stated that Ms. Wafer threatened to come to the station and talk against him. The following recorded exchange took place:

ASF#3, page 739

UC1: Why don’t you fuckin drop a dime on her bro

RS: Im gonna drop a dime on her right fuckin now, that’s what I’m saying

UC1: You gonna you’re not typing them now are ya

RS: No on Thursday

UC1: Sit down and do it Thursday

RS: Yeah

ASF#3, page 744

UC1: Okay so Thursday we got to put it all together right it’s you know what I mean I sounds like you don’t ….you know what I mean…put it all together.

RE: Yeah

UC1: And then ah we’ll send it up I don’t think we should send it…we’ll send it right to Bedford…

RE: Yeah

UC1: I trust Doug so we’ll send it right up to him

RS: Yeah

UC1: …Yeah think about all that….like you know what mean it’s not gonna.. whistle blowing time that’s what I say fuck it.

RS: Yeah …

ASF#3, page 745-747

UC1: But does she got dirt on you

RS: Like what

UC1: I’m asking you…I’m just wonderin’ fuckin if we do the fuckin’ report

RS: Yeah

UC1: I don’t want any fuckin…

RS: …what she’s gonna say, what can she tell….I don’t do drugs

UC1: Perfect

RS: That’s it. Anything that she could possibly put it this way if she even tried to implicate me in some shit she’d be implicated too… does that make sense

UC1: Yeah

RS: So for example, if I’m saying that you smoke weed…me you’re getting the weed from

UC1: Yeah okay I see

RS: You you’re the trafficker I’m just the simple possession not saying I did smoke weed

UC1: …I get it but uhm

RS: I’m saying as an example

UC1: Yeah I know…

RS: Yeah the most she got me was like a couple of vials of GH and that was it and that’s all and that’s not even fuckin’ illegal

UC1: Possession though

RS: No

UC1: Who gives a fuck buddy everybody..

RS: That’s why I say I had no contact anyone….

UC1: You such an ass

RS: Well this is my point she I could of if…I’m still with her then I could probably maybe…

UC1: Oh yeah yeah I know what you’re saying…

RS: I got nothing …. Hey ok I know your burnin down the house but hey do you mind

UC1: Yeah

RS: …throw in an order for a buddy of mine

UC1: Yeah yeah

RS: So I’m like whatever

UC1: Okay we’ll do it on Thursday

At the end of the recording, UC1 was leaving the station.

[68] In cross-examination, UC1 confirmed that he never told Cst. Senior that a police officer could not be a confidential informant. He also confirmed that he never told Cst. Senior that there would need to be a confidential informant background form, but he stated, “I think he knew from the first one”. UC1 stated that he knew the source of the Wafer information was Cst. Senior and that Cst. Senior did not want his involvement known. According to UC1, if he, himself, wanted to share this type of information, he would send it in an email and document it in his notes.

[69] Later that day, the two officers exchanged some text messages between 5:01 p.m. and 5:03 p.m.:

UC1: Brother…if you need anything lemme now…I can run down to see you

RS: She will come to the station

RS: For sure

RS: Thanks

RS: Appreciate it

UC1: Even if it’s just a hug…I been there..

UC1: Keep this shut on the down low

UC1: I have a fee ideas to insulate you

RS: Okay cool

RS: Thanks again

(ASF#3, page 234)

In his examination in-chief, UC1 explained that by a “few ideas” he meant in regard to confidentiality for Cst. Senior in providing information on the intelligence report. He did not provide Cst. Senior with any ideas at that time. In cross-examination, UC1 explained that this intelligence report would not have been disclosed to Sherry Wafer. UC1 also explained that Cst. Senior did not need to bring the information forward. UC1 never told Cst. Senior that this information could not be submitted on an intelligence report without a source. UC1 testified that, at this time, there was no allegation that Cst. Senior was falsifying confidential informant reports.

[70] On the afternoon of August 15, 2018, there were some text messages exchanged between UC1 and Cst. Senior, specifically:

RS: Brother, I want to bring the hammer

RS: I am super pissed

UC1: Let’s bring the rain!

(ASF#3, page 235)

[71] On August 16, 2018, the objective for UC1 was to go to the office and complete the report on the information that they had talked about in relation to Sherry Wafer. Prior to seeing each other in person, they exchanged some text messages in the morning:

UC1: Can you please start that Intel report

RS: Yes

RS: Which intelligence report is left to do?? The last one

RS: ??

RS: With the coke and gun??

UC1: Those are done

UC1: I’m talking bout the 411 you got with that chick

RS: Okay cool

RS: On it

UC1: Rog

UC1: Should be there by 930

UC1: Email them to me…

UC1: When yu done

UC1: Ima see if WE can work it

RS: Okay

RS: I am feeling bad about sending her mom to jail.

RS: fuck it

UC1: Lol

UC1: Shut the fak up…you got hosed

RS: True

RS: Good point

UC1: Lol

RS: Still feel bad

UC1: Suck it up…survival bruv

UC1 : Lol

UC1 : I’m a fuckin mercenary

UC1: On my way

RS: We have shot to discuss

UC1: Otw back

(ASF#3, pages 236-239)

[72] That morning, Cst. Senior drafted an intelligence report in relation to his ex-intimate partner, Sherry Wafer, and her family members, being involved in the drug world. At 9:22 a.m., Cst. Senior sent an email to UC1 with the subject line, “yrp050a intelligence report (1553).docx”. The attachment to the email was an Intelligence Report (Form YRP050A). The email stated, “Here is the rough draft of the intel report” followed by other details. The email stated in part, “In the month of July 2018, Cst. Senior #1553 & [UC1] received information from a confidential human source (CHS) regarding illegal drugs located within York Region. The CHS wishes to remain anonymous and does not wish to testify in judicial proceedings.” In the “Background” section of the form, it stated, “The CHS provided the following information” and then listed four separate details. Photographs of vehicles and persons were included in the draft. (ASF#2, pages 20-26) UC1 testified that he forwarded this report to his handler, Det. Ladouceur.

[73] At 9:43 a.m., UC1 arrived at the station and met with Cst. Senior. The discussion at the station was captured on Device 1 2018-08-16 09-39-00 00004 20180816. UC1 looked over the draft and provided suggestions to Cst. Senior. As Cst. Senior provided names and addresses to UC1, he created a flow chart in order to be able to follow the information. Cst. Senior then had to leave the station. UC1 indicated that he would continue to work on the report while Cst. Senior was gone. UC1 stated:

UC1: Okay well we’ll meet up back here and just clean it up and then go through your other one what I’m (stutters) what I’m gonna suggest is do one separate for mom do one want separate for the girl…

(ASF#3, page 761)

[74] UC1 did leave the station while Cst. Senior was out. When they both returned to the station, they continued to work on the report together. UC1 testified that Cst. Senior was typing and he was sitting right beside him in a chair reviewing what was being typed. The following excerpts of the conversation are relevant:

ASF#3, pages 777-778

UC1: Bu the info when does it come to you when did you become aware of it so that we can spread the time line

RS: December of two thousand-seventeen (2017)

UC1: I wouldn’t know because I was on clear fuckin’

RS: Yeah…but that’s my point if I say December seven (7) (stutters) seventeen (17) in the intel report if it gets…

UC1: This won’t be disclosed

RS: Okay

UC1: What’s gonna happen is probably they’ll act on it…and there’ll be a it will be a it will be uhm a search warrant with a tear away…source information

ASF#3, page 779

RS: Here’s (stutters) here’s the problem…I feel fucking bad cause she’s got kids man like young kids this is gonna fuck that shit up cause she is in a custody battle

UC1: Buddy

RS: I’m just (stutters) I’m just saying

UC1: You got fuckin you got young kids

RS: I know but this is another

UC1: Right

RS: I (stutters) I get what you’re saying but it just I, I know the kids like they are adorable like I know them well so it’s (stutters) its and it will tear them apart I don’t mind (stutters) I don’t mind this way it’s whatever is whatever

UC1: …but its part and parcel right

ASF#3, page 819

RS: ….I mean I don’t know what kind of secret squirrel ways you can track people down

UC1: Fuckin run them and do a fuckin’ pip

RS: That’s what I’m saying so I don’t know how to ah fuckin’ find out who’s who’s related to who and

UC1: Did you not check the RO of that vehicle did anybody come back to it any domestic issues

RS: That’s what you do I have it pulled up right here look…unless I did it wrong

UC1: Yeah

RS: I ran her

UC1: Yeah

RS: …all came up as this is her this is just her phone her car stuff

UC1: Go to refresh top top bar far right

RS: Refresh

UC1: No right

RS: Yeah like when I ran her it’s like nothing like she’s clean…she’s got nothing…unless you wanna run her and….

It would appear that they then did another search and UC1 was pulling up “hits” on Ms. Wafer. UC1 explained in his testimony that a “PIP” was a way to query a licence plate outside of the jurisdiction on a police information portal. The conversation continued.

ASF#3, page 821-822

RS: …advised the CHS… I don’t need to put a name in there do I

UC1: No its just write what you see… write like (stutters) like what you smell

RS: You say half pound I don’t know she could have had half….

UC1: Okay when…when in the…

RS: She didn’t say how much

UC1: But CHS is seeing four pounds…

RS: I’ve seen…a pound of varying products like sample products…

UC1: Fuckin’ very specific ‘cause that shows the reliability of the source see what I’m saying

RS: I guess I’m changing my number thanks

UC1: Yeah maybe it’s not gonna it’s not we’ll talk about fuckin’ the anonymity of the source

RS: (laughs) yeah

UC1 explained that Cst. Senior was writing into the body of the report and he understood that Cst. Senior was wondering whether to include the name of the source. According to UC1, at this time, there was no plan about the name of the source; it was all information that was coming from Cst. Senior. The conversation continued:

ASF#3, page 831

RS: How is this not … I don’t see how this is not going to blow back.. she’s smart she’s gonna figure it out

UC1: She’s stupid as fuck she is not going to have any knowledge of this

RS: Okay

UC1: ‘cause you’re gonna hit it and go right to the fuckin thing

RS: …after she fuckin’ trips on tripped my wife and figure its me

UC1: She knew the fuckin’ hammer was coming….just a matter of time…

ASF#3, page 831-2

UC1: So…we are gonna have to protect you mother fucker I see you have recent in this

RS: …

UC1: How many other people would know about this

RS: About what

UC1: Saturday eleventh of August

RS: Over at ahh

UC1: Was there anybody else at the house mother

UC1 testified that the more people that knew the information, the less likely the probability of it coming back to Cst. Senior, which was why he asked Cst. Senior how many people knew the information. Just before Cst. Senior left to go to court he told UC1 that he knew a guy named Mike, a.k.a “Lips”, that was “running scared” from the YRP and that this person was involved in cocaine and ketamine. “Lips” told Cst. Senior that he believed the police were watching him. “Lips” described Cst. Jasroop Banes #2206 to a “T”. Cst. Senior then left the station to attend to other duties and UC1 indicated that he would continue to work on the report while he was gone.

[75] As for the intelligence report, UC1 stated that his objectives were to make sure it was complete, thorough and sent out. UC1 agreed that there was nothing wrong with doing background checks in the context of this report, as it appeared to be legitimate information being investigated. UC1 stated that he believed he “ran” Sherry Wafer and also checked her on social media. He used police sources to do a background. When he left that day, UC1 testified that he understood that the information would be attributed to Cst. Senior.

[76] Later on August 16, 2018, UC1 and Cst. Senior exchanged text messages. Starting just after 5:00 p.m., the text messages were as follows:

RS: We need to talk when I get back

RS: My wife just said she was being followed

UC1: Wtf

Several files were sent electronically, however, it was unclear what those files were. The conversation continued:

RS: She isn’t a red head anymore…her hair is dark brown now but she could have been changed again

UC1: Fakkkk

RS: Sherry knows where I live bro

UC1: Yu idiot

RS: That is why I don’t want her directly involved

RS: I never told her where I live

UC1: Ima slap you

RS: I never invited her to my house

RS: So the mother and the brother

UC1: We gotta hit her place hard and soon…hurry the fuck up..

RS: heir is nothing there and I am not willing to put my wife and daughter in harm’s way

UC1: We talk

UC1: You close

RS: I have 3 trials

UC1: Hahahahaa

UC1: Ok…you wanna meet after?

RS: I will call you when I clear

(ASF#3, 239-242)

UC1 did not recall if Cst. Senior called.

[77] On August 17, 2018, the following text message exchange took place in the late morning, early afternoon between UC1 and Cst. Senior:

RS: Hey, I thought about it last night and all day this morning, f*** it. Let’s burn them all

RS: Let’s do your way scorched – earth

UC1: Yes

UC1: Mercenary

RS: Straight up

RS: Your but just called me

RS: Henry

RS: I gotta call him back

(ASF#3, page 242-3)

The extraction report showed some short calls between Henry and Cst. Senior that day, however, Henry did not recall speaking to Cst. Senior at any time that day. At 5:11:59 p.m., Henry sent a text to Cst. Senior which stated, “Gonna be in town Sunday aft…let’s meet for drinks brotha.” Cst. Senior responded the following early morning, “Sounds good, for sure.” (ASF#3, page 439)

[78] At 8:09:36 a.m., on August 18, 2018, Henry sent a text to Cst. Senior stating, “I heard you took down some good stuff…send me selfies u took”. (ASF#3, page 439) Cst. Senior responded at 9:14:42 a.m. and following: “LOL”, “We can talk tomorrow”, and they talked about meeting the following day at 6 p.m. (ASF#3, page 440)

[79] Following this exchange with Henry, Cst. Senior sent text messages to UC1, however, there was no response. The messages were:

RS: Sunday afternoon Henry is going to be in town. He wants to meet for drinks

RS: Sunday

RS: Afternoon

RS: Drinks

RS: With Henry

RS: 6 pm Sunday

RS: He wants to go for wings

RS: Let’s do this

RS: 6 pm is good for you??

RS: Wake up!!!!

(ASF#3, page 243)

[80] On Sunday, August 19, 2018, the following message exchange took place between UC1 and Cst. Senior:

UC1: Bro..

UC1: Do what you gotta do…

UC1: I got my girls…

UC1: I’ll msg yu 2MORO

RS: Okay, then I will meet up with him on my own, all good. Make sure you make the best if your with the little ones

There was then some exchange of messages about putting in for overtime. (ASF#3, page 244). UC1 confirmed that he did not tell Cst. Senior that it was inappropriate to go off for drinks with the confidential human source alone. According to UC1, he had told Cst. Senior that earlier when going through the procedures with him. Ultimately, Cst. Senior cancelled the meeting with Henry because of a family function with his daughter.

[81] On August 20, 2018, at 11:41:02 a.m., Henry reached out to Cst. Senior stating, “Let’s meet for drinks tonite…after 8…working on something really big” The two exchanged messages arranging to meet. Cst. Senior suggested Milestones, however, Henry suggested Club Pro, an adult entertainment club. Cst. Senior stated, “Can’t go there brother, that place is under watch…There and whiskey…Like opp and RCMP watch…” Cst. Senior then suggested that Henry go to a club after they meet and suggested Café Atlantis. Cst. Senior again suggested that their meeting take place at Milestones and perhaps an adult entertainment club another time. (ASF#3, page 441-3) In cross-examination, Henry stated that he suggested an adult entertainment club in order to further his credibility and cover story, in that he liked to discuss business, including illicit activity, in such places.

[82] Later in the evening, UC1 initiated another text conversation to see if Cst. Senior had met the source. The conversation was in part as follows:

UC1: How did it go

RS: Postponed it until tonight

UC1: Rog

RS: He want to meet around 7:30 – 8:00 pm

RS: Are you around

RS: ??

UC1: I should be around …what’s the scoop

RS: Drinks card him Intel report

RS: Did we put in for out OT last time?

RS: I don’t think we did

UC1: No we didn’t

RS: Milestones 8 pm

RS: He wanted rippers I said nope

RS: Milestones at Birchmount and enterprise right by good life

UC1: You want a ride? Or meet

RS: Aren’t we going to the station first?

RS: Then going over?

UC1: I’ll meet you at the station

(ASF#3, pages 244-249)

[83] UC1 and Cst. Senior did meet at 5COR around 7:50 p.m. on August 20, 2018, the plan being to go to Milestones to meet with Henry. UC1’s objectives that night were to start to show some criminal element, in other words to start to suggest “there was a criminal side to me”. They travelled to Milestones together. This discussion was not recorded. According to UC1, there was some discussion about meeting Henry. Cst. Senior had a lengthy phone call with another officer. They talked about family problems and other police matters. According to UC1, there was no discussion about Sherry Wafer.

[84] During the meeting at Milestones, while Cst. Senior and Henry were in conversation, at 9:15 p.m., UC1 left the restaurant for a brief time, stating that he had to go meet someone. He, in fact, met his handler who gave him $1000 to present the illusion that he met someone who provided him with money. When he returned to the restaurant, he put his wallet on the table with the money visible. The objective of this was to peak Cst. Senior’s interest as to what he was involved in. UC1 confirmed that, up to this point, he had not been given any information about Cst. Senior taking government money inappropriately. According to UC1, his actions in putting the money on the table were to build trust with Cst. Senior, to show him that he might be involved in criminal activity, and that he was a “dirty cop”. At the table in the restaurant, Henry said that he would have further information for them shortly. Also, Henry advised that he was having trouble getting an address associated with a licence plate that would lead him to a storage locker that he was interested in. UC1 and Cst. Senior travelled back to the station together.

[85] On August 21, 2018, the objectives of UC1 were to meet with Cst. Senior, to complete the intelligence report on Ms. Wafer and her family, and make sure it was sent off. There were some text messages exchanged prior to them seeing each other. Commencing at 9:24 am:

UC1: On my way back

RS: Hurry the fuck up

RS: I am starving and I need your help

RS: And I sent you the e-mail

RS: I am working on smeac

RS: Need help

(ASF#3, pages 250-1)

[86] When UC1 arrived at the station, Cst. Senior was already in the office working on the intelligence report. UC1 reviewed the report, and added information in relation to Ms. Wafer’s brother as an appendix. The interaction was recorded and the following except is of note:

ASF#3, pages 878-9

RS: It’s on the…it’s on the COR drive…pull it up on my uh thing.

UC1: Yo no COR drives

RS: …

UC1: Because everybody has access to it CI info

RS: Yeah

UC1: Come on

RS: Well I’m learning coach what…

[87] On August 21, 2018, at 10:14 a.m., Cst. Senior sent the intelligence report (5 pages) and an appendix (5 pages) relating to Sherry Wafer and her family to D/Sgt. Doug Bedford by email, copying UC1. The email stated, “Here is some information you might be interested in a drug trafficking family. Please also see Appendix A for brother.” The intelligence report attached was significantly different from the draft on August 16, 2018. It is of note that the “Background” section was no longer attributed, specifically, to a confidential human source, in the way it was in the draft. However, the report did make reference to observations made by a confidential human source at various times and, otherwise, simply set out the information as factual narrative. (ASF#2, pages 27- 36) UC1 stated that he authored the appendix.

[88] On the same day, at 3:33 p.m., D/Sgt Bedford responded to Cst. Senior in an email to follow up on the intelligence report submitted. He stated in part as follows:

Thanks for this information once again. You guys are doing some great work.

It slipped my attention, and I wanted to determine if you have submitted the YRP256 for your CHS? If not then please complete the attached forms and send it back to me.

This latest information you sent, is it from the same source or a different one? If it’s a separate source then please complete a YRP256 for the new source or a YRP257 Single Use report if you aren’t planning on using that person again.

I am looking to arrange some payouts on the information your CHS has provided to date. Can you please get these back to me by the end of the day or tomorrow at the latest, so I can move this along…

A blank form YRP256 (Confidential Human Source Introduction Report – 7 pages) and form YRP257 ((Confidential Information Report – 1 page) was attached to the email. (ASF#2, page 37-45)

[89] On August 22, 2018, at 6:31 a.m., Cst Senior responded to D/Sgt Bedford in an email which stated as follows:

The latest information I submitted was from a new source and was a one time exchange. I will complete the sheets and submit them back to you ASAP. Thank you for the feed back it is much appreciated. (ASF#2, page 46)

[90] At 11:41 a.m., Cst. Senior sent a text message to UC1 as follows:

RS: Sorry for bothering you on your day off but Bedford wants YRP 256 and 257 filled out, not sure about how to fill out my information, call me…Thanks

(ASF#3, page 251)

There was no response form UC1. He testified that this was a direction from his handler not to respond and to “let it play out”. At 1:51 p.m., UC1 called Cst. Senior. Cst. Senior told him that D/Sgt. Bedford was requesting the 256 and 257 forms on the confidential human source information and that he did not know how to fill it out. UC1 stated that he told Cst. Senior that he could fill out the forms for Henry and that Cst. Senior could fill out the forms for the Sherry Wafer information. The conversation ended.

[91] Later on August 22, 2018, at 2:05 p.m., D/Sgt Bedford responded to Cst. Senior’s email and stated:

I am sorting out payments for a number of files and want to ensure your CHS gets paid before I go away. Please ensure that I get those forms before 1600hrs today, as I require them to process the payment.

[92] At 3:48 p.m., Cst. Senior sent an email to D/Sgt Bedford, which stated in part as follows:

Sorry for the late return, I answered the form to the best that I could, if you need more clarification I can contact the CHS for more info.

Attached to the email was Form YRP256 (Confidential Human Source Introduction Report) dated August 22, 2018 in relation to Henry Wong. Cst. Senior also attached and sent Form YRP257 (Confidential Information Report) dated August 22, 2018 in relation to the Sherry Wafer information. YRP257 indicated that this was a “Single Use Confidential Human Source”, that Cst. Senior was the CHS handler and UC1 was the witness officer. Further, it indicated that the location of the meeting was 8700 McCowan Road and that it was a “scheduled meeting”. Fields (8)-(12), being the name, DOB, address and telephone number of the informant, were left blank. The Report was signed by “RS”. (ASF#2, page 46-55).

[93] At 3:57 p.m., D/Sgt Bedford responded to Cst. Senior’s email and stated:

You didn’t name the CHS on the 257, can you fill it in and send it back before you go. The rest is sufficient for payment.

(ASF#2, page 58)

[94] On August 23, 2018, the objective of UC1 was to ensure that Cst. Senior sent the completed YRP257 form to D/Sgt. Bedford. There was a breakfast meeting where UC1, Cst. Senior and others were present. UC1 gave an excuse to leave, as he had to meet Det. Salhia and Det. DiPlacido for a briefing in relation to another scenario that would involve Michael Vigliotti and Pine Valley Sports Café.

[95] At 12:35 p.m., D/Sgt. Bedford sent Cst. Senior and UC1 an email. In the portion addressed to Cst. Senior, he advised that his request to register a CHS was approved and reminded him of some protocol. The email stated in part as follows:

1. Notify Supervisor prior to and post any scheduled meeting with the CHS. Ensure the Supervisor that was notified has reviewed and signed your CHS Notebook.

2. Ensure witness officer present during contact with the CHS.

3. Prepare a cover story to account for your contact with the CHS.

4. Remember to run CPIC check on the CHS upon each contact and prior to each scheduled meeting.

5. After each contact prepare and forward 257 reports detailing information provided by the CHS.

6. As an attachment to your 257 reports include a copy of your CHS notes regarding each contact with the CHS.

7. Ensure that your CHS is aware that you will not permit their involvement in any Criminal Offences.

8. Ensure that you remind your CHS that they are not to disclose their CHS status to anyone.

9. Ensure that if CHS has provided information / intelligence on persons involved in Criminal activity prior to being registered as a CHS, that this information is documented in a YRP 257 report and forwarded to CHS Controller.

With respect to the Sherry Wafer information, D/Sgt Bedford stated to Cst. Senior:

I am still awaiting the name of your One Time Source on the YRP257 you sent yesterday. Please ensure I get that by days end today!

In the same email, but directed to UC1, D/Sgt Bedford stated that he had arranged payment of $1000.00 for CHS#5599 (Henry Wong) and asked him to attend headquarters that day to obtain the funds and pick up a CHS notebook for Cst. Senior. Finally, D/Sgt. Bedford attached the YRP480c (Confidential Human Source Payment Form). (ASF#2, page 56-57)

[96] Cst. Senior and UC1 exchanged some text messages between 1:28:58 and 1:47:00 p.m. as follows:

RS: What do I put for the 526 for informant info???

RS: Not using my name

UC1: Lol

UC1: I just picked up 1000$ and notebook

RS: Okay

RS: Cool

(ASF#3, page 252-3)

[97] Cst. Senior and UC1 met back at 5COR. UC1 had picked up the CHS notebook and $1000 and gave both to Cst. Senior. UC1 advised Cst. Senior to make arrangements to pay Henry. Cst. Senior asked about the name to put on the YRP257 form for the Wafer information and he had the form on the screen at the time he asked. UC1 stated that they should talk outside, and they went to the lunchroom to have a conversation. Cst. Senior asked what name he should put down as the source. UC1 told him that he did not know. Cst. Senior stated that he would not want to use his own name. UC1 stated that if he wanted to come clean, he should use his own name. Cst. Senior said, “no way, are you crazy”. Cst. Senior suggested that he could use “Lips”. Cst. Senior asked UC1 for names and pressed him to find him a name. They brainstormed for a bit. Cst. Senior told UC1 to look for names and UC1 searched on his phone. UC1 then suggested using the name of someone up north. Cst. Senior then stated that he knew a name he could use, a “shit head”. UC1 said “whatever you decide, I am good with”. UC1 asked Cst. Senior about paying Henry on Friday to which Cst. Senior said that Henry was not available on Friday, but he would make arrangements for payment. UC1 then filled out the YRP 480 Confidential Human Source payment form to compensate Henry and left the station shortly after. UC1 agreed that Cst. Senior did not wish to be named as the source of the Sherry Wafer information and had said that explicitly. UC1 also agreed that a police officer cannot be a confidential human source. UC1 agreed that he wanted Cst. Senior to send up the forms completed – that was the objective. According to UC1, Cst. Senior had a choice whether to send the forms or not.

[98] Around 3:24:42 p.m., Cst. Senior sent the following text messages:

RS: Where you at

RS: I am getting static from Bedford

RS: He needs a name

There was no response from UC1. (ASF#3, page 253)

[99] That same afternoon, Cst. Senior and Henry exchanged some text messages. Cst. Senior stated, “Let me know the next time you are around”, “I got a gift for you”. Henry responded, “Tomorrow nite brotha” and suggests Café Atlantis – an adult entertainment club. There was an exchange of messages as to when the meeting would happen and they agreed to meet on Saturday. (ASF#3, page 443)

[100] On August 23, 2018, at 4:00 p.m., Cst. Senior sent an email to D/Sgt Bedford stating, “here is yrp 257 completed with the one time CHS name”. A Confidential Information Report (YRP257 Form) dated August 22, 2018 was attached, with fields 8, 10, and 12 now completed. The “Informant’s Name” in field #8 was provided as “David BROADHEAD”. Field 9, “Informant’s DOB” was left blank. Field 10, “Informant’s Address”, was filled in with “241 London Dr “. A cell number was provided in Field 12. (ASF#2, page 58-62) UC1 testified that he never saw this email and had no involvement in putting the name “David Broadhead” on the form.

[101] Cst. Senior sent another text to UC1 at 4:41:51 p.m. and the following exchange took place:

RS: Call me or reach out via text

RS: We need to chat

UC1: Did we put the name

RS: H wants to meet tomorrow because he is leaving town to China next week

UC1: Thought yu said we had one

RS: I put a name and sent it. All good

UC1: WTF

UC1: Rog

RS: Dude I don’t want to be holding on to this cash until he gets back into town

UC1: Lol

RS: Shut up

RS: I Will spend it

RS: Tomorrow night

UC1: Hahahaha

RS: We are going to meet him

UC1: Boats and hos

RS: That too

UC1: Lol

RS: So make yourself available for 10 – 10:30 pm

UC1: Thot yu had plans

UC1: God dammit

RS: Saturday, sorry, Saturday night

UC1: Oh ok

UC1: So confused

RS: Me too

RS: I am stressed

UC1: Why

UC1: Welcome to my world

UC1: Bro…if we gotta meet him next week we can

RS: He is gone next week to China

UC1: Don’t fick up home shit

RS: I am not planning to

RS: But I don’t want to be responsible for this cash

UC1: Lock it up

UC1: This is the world

UC1: Lock it in your desk

RS: No key

UC1: I dunno…secure it

RS: Fuck it…new Gucci shoes for me

RS: I will get him a $10 gift card from Starbucks

UC1: Wrap it in a condom and shove it up your ass…you know it’s safe there

UC1: Lol

RS: Yea but then you will go looking for it

RS: I am waiting back to see if he agrees to Saturday

(ASF#3, page 253-7)

UC1 agreed that Cst. Senior was not authorized to handle money for the confidential human source.

[102] On August 24, 2018, UC1 messaged Cst. Senior and said, “I’m good for tomorrow night”. (ASF#3, page 258)

[103] On August 25, 2018, UC1 and Cst. Senior shared some text messages about the meeting with Henry, which was to occur at Café Atlantis at 9:30 or 10:00 p.m. (ASF#3, page 258-261) However, as the text messages were occurring, UC1 received instructions that he was to have Cst. Senior think that he was gong to participate in the meeting with Henry, but then he was to cancel at the last minute. The objective was to allow for rapport between Cst. Senior and Henry and the payment of money to Henry.

[104] At 9:53 p.m., UC1 received a telephone call from Cst. Senior, who asked him about the YRP480 receipt form and, specifically, whether Henry had to sign first. UC1 said Henry had to sign to acknowledge payment. Cst. Senior stated that Henry was already at the location.

[105] At 11:03 p.m., UC1 texted Cst. Senior, “I’m fucked…I’m not gonna make it…will chat in person”. (ASF#3, page 261) There was no response that night from Cst. Senior.

[106] Just after 11:00 p.m., Henry and Cst. Senior exchanged some text messages. Cst. Senior asked Henry to meet in the parking lot to do some “business”. Henry requested that he come in for a drink first. There was some back and forth about this but, ultimately, Henry exited Café Atlantis, came to the parking lot, and met Cst. Senior in his truck. (ASF#3, page 445) Henry then understood that the “business” that Cst. Senior referred to was to pay him and have him sign the payment form to acknowledge receipt of the money.

[107] Henry sat in the front passenger seat. In the middle console area was the one-page payment receipt form. In the cup holder, on the right side, were a bunch of brown bills, $100 denominations. Cst. Senior asked Henry to sign, print his name and take the money. Cst. Senior stated, “Brother this is this is the way they work they want they want it kind of like you gave this information just say thank you appreciate it here is compensation”. (ASF#3, page 959) Henry indicated that he was insulted and did not need the money, stating, “A Gnote is like fucking it’s not even a sneeze man I make that in minutes….You know how much coke and fent I bring into this country a month”. (ASF#3, page 960) It went back and forth between the two. Cst. Senior explained to Henry that he could refuse. Ultimately, Henry agreed to sign. Cst. Senior stated, “…you can go buy some ladies some drinks…” Henry took the money in his right hand and put it in his left shirt pocket. They then exited the vehicle. Henry continued to express how he was insulted. Cst. Senior stated, “You could have refused and done but hey let’s put it this way that money can put money can put one of these nice girls through college…could pay for her books….”. (ASF#3, page 962) Cst. Senior also suggested that he could give it to charity. Cst. Senior explained, “’Cause they want to say hey you’ve done this brother if you didn’t want it I could put refuse I can hand it back to them”. (ASF#3, page 963) The form Henry signed was located at page 85 of ASF#2.

[108] Cst. Senior and Henry went into Café Atlantis, ordered drinks and spoke to some dancers. Henry stated that he was “still working on that thing…it’s going to be big”, “got lockers that’s gonna be really good for both of us.” (ASF#3, page 965) Henry then talked about going away for a week or so. Henry stated, “…that thing I am working on for you there…that’s my priority right now so uhm like I said if I can get that fuckers address…that’s gonna be really good for both of us” (ASF#3, page 965) They went upstairs with dancers for private dances. In cross-examination, Henry agreed that by this point, they had been there for some time, had multiple drinks, and the money had been in his pocket. Henry agreed that he had paid for their drinks and dancers. After the private dances, they were seated in an open area. Henry was seated in a corner with a table beside him. Henry took the money, put in on the table, and told Cst. Senior to take it and do “whatever you want with it”. (ASF#3, page 967) Cst. Senior took it and put it back in Henry’s left chest pocket. There were dancers present. Cst. Senior told him to give it to the “girls”. Henry took the money out again and put in on the table. Henry said “Do whatever you want with it”. (ASF#3, page 967) Cst. Senior then took it with his right hand. Henry turned his head for a short time to scan his surroundings as there were people around, and Henry did not see where Cst. Senior put the money. When he turned his head back, it was no longer on the table. Henry said that he had looked away for a full second. In cross-examination, Henry agreed that Cst. Senior was not stealing the money from him. Cst. Senior and Henry then went to separate booths with dancers. Henry was finished first, exited the club, and waited for Cst. Senior. Cst. Senior came out, they said goodbye, and Cst. Senior drove off. The discussion was recorded on Club Device 1 2018-08-25 20-15-00 00001 20180825.

[109] On August 26, 2018, UC1 was on a day off, but received an objective; specifically, to see if Cst. Senior brought up the payment of $1000 to Henry, and to make sure that Cst. Senior was working on August 27 for another scenario in relation to intelligence reports.

[110] On August 27, 2018, Henry was told by his handler that if Cst. Senior asked him for steroids, Henry should say that he might have connections. Henry did not believe that he had heard any “steroid angle” prior to this. In cross-examination, Henry confirmed that he was not to suggest to him that he was a steroid dealer before Cst. Senior asked.

[111] Meanwhile, on August 27, 2018, Det. DiPlacido #1507 attended the 5 COR office and, deliberately, left behind a zip up binder / agenda containing a package of intelligence reports, some of which related to Markham and Vaughan area cafés. The cafés were all real locations and the people listed as associated to the cafés were listed based on intelligence information which was accurate to the best of Det. DiPlacido’s knowledge. The design of the intelligence reports focused on Danny Iandoli and Mike Vigliotti, as per the direction of the officer-in-charge of Project Tadeu. The Pine Valley Café was known to intelligence, and there was a suspected affiliation to organized crime, however, Mr. Vigliotti was never a target of any investigation from Det. DiPlacido’s intelligence unit. This was a stimulation exercise to test the integrity of Cst. Senior. Some of the information in the report was arranged in a strategic format to accentuate Mr. Vigliotti in the report. That morning, Det. DiPlacido ran into Cst. Senior in the parking lot at 5COR as Det. DiPlacido was leaving and Cst. Senior apologized for missing a briefing he had given. (Exhibit 14 – Admission re DiPlacido’s evidence)

[112] Interactions with Cst. Senior that day were recorded on Device 1 2018-08-27 06-10-00 00006 20180827. Cst. Senior entered the station. He stated that he had the receipt for Henry’s payment and asked whether he needed to scan it and send it off or submit a hard copy. UC1 told him to scan it, attach it, and email it, but to also drop off a hard copy. (ASF#3, page 1021) Shortly after that, Det. DiPlacido called the office. UC1 picked up the phone and the call was put on speaker with Cst. Senior within earshot. Det. DiPlacido asked if he left behind his black YRP binder with folders. Cst. Senior and UC1 located the binder. Det. DiPlacido asked them to confirm what was in it. The following exchange took place:

ASF#3, page 1031-4

RS: It’s got…it’s got like CI information in here fuckin warrants fuckin’ this is like gold right here what’re you talking about

MD: (laughs) It’s…

UC1: I’m gonna sell it back to you

RS: I was about to say what’s it worth (laughs)

UC1: …Yeah, I got it what do you want

MD: …What’s in it what’s the fold…what the fuck did I leave in there…

UC1: No your fuh…uh there’s like four folders

MD: It’s there’s nothing’s in just empty fust folders or

RS: No no no it’s got like uh it’s got uh information Intel shit

MD: Do me a favour buddy can you uh when the fuck am I gonna get back down there it’s a disaster now to get there at five…can you hold on to that for me buddy or can you guys hold on do you mind holdin’ on to that for me

MD: I can’t make it down there right now and then have you guy just you know I’ll call you in a couple hours I’m fuckin’ tied up and…I’ll give you a shout in a couple hours and we’ll arrange yeah so hopefully you can hopefully we can arrange for me to get it alright buddy.

[113] UC1 and Cst. Senior then went to breakfast, taking the binder containing the documents with them. As they were leaving the station, Cst. Senior told UC1 that Henry advised him about “the next score” which was supposed to be a “big one” including guns and drugs. (ASF#3, page 1037)

[114] On the way to breakfast, UC1 opened the binder and was going through the documents. UC1 can be heard saying, “café”, at which time Cst. Senior said, “Why you flipping through his shit oh but it’s got a he’s got it redacted (laughing) wow”. UC1 can be heard flipping pages, “I’m just looking…he came in to talk to you about it.” He then stated a name, “Mario Sculpa”. (ASF#3, page 1044-5) Cst. Senior then brought up “Lips” in the conversation:

RS: That guy uh that guy Lips called me over the weekend too.

UC1: Oh yeah

RS: ‘Cause apparently he got stopped I think two months ago

UC1: Yeah

RS: A month ago.. July… he got stopped and he had no it was a licence so he gotta served his Part Three

UC1: As he got some fuckin juice on him

RS: Yeah (stutters) so he’s like you know callin’ me up says well this cop says he’s gonna be at my house for nine (9) o’ clock he doesn’t show up to serve me some documents for my court date I’m like well so if he doesn’t show up then I’m sure he’ll try and contact you he says what I gotta sit around for four (4) five (5) days waiting for this guy I said no you if he finds you he finds you he doesn’t he’ll just put not served and have the server serve you if you’re home you’re home you’re not you’re not it’s fine

UC1: Fuck it

RS: Yeah don’t fuckin stop your day you’ve already fuckin’ wasted a day don’t stop your day

UC1: yeah

RS: Let him find you

UC1: …Café what’s the one named here why’s these Four District ones

RS: Because he doesn’t …

UC1: Pine Valley Sports Café so original eh they just fuckin’ name it…Luciano Mansur (ph) Mickey (ph) Mickey (ph) Mickey (ph) they’re such fuckin’ they’re fuckin’…. Pine Valley Café….

UC1 continued to read pieces of information from the files on the way to the restaurant.

(ASF#3, pages 1045-1046)

[115] Cst. Senior asked UC1 why he did not show up at the meeting with Henry. UC1 made up a story about payment problems involving his cousins in relation to selling some electronic equipment. This conversation continued during breakfast. (ASF#3, pages 1047-9; 1051-1057; 1066-69; 1071-73; 1092-3)

[116] Also at breakfast, Cst. Senior talked about what had happened with Henry at the meeting. Cst. Senior stated that Henry was going to provide information on a locker. In relation to the payment to Henry, Cst. Senior stated that Henry expressed that this was not what he “signed up for” in regard to payment. Cst. Senior reported to UC1 that he told Henry that he could refuse and he could take the money back, but that Henry “eventually took it though”. He reported that Henry said that he “made more money than this in an hour”. Cst. Senior stated that he told Henry to use the money to put “some girls through college”. (ASF#3, pages1076-7)

[117] Also at breakfast, there was a discussion about “Chinese gear”. The conversation was as follows:

RS: But yeah so…he’s uh he’s off to China and he’s like so alright cool oh next time I’ll ask him for hu see if he can hook you up some Chinese gear

UC1: He can

RS: Probably I didn’t ask him I thought about it though

UC1: Why didn’t you ask him

RS: I was I thought about it but I forgot to

UC1: But you said that’s Chinese or Indian you said

RS: The good one

UC1: yeah

RS: Everybody gets from China like you can get it from China

UC1: …

RS: But like the amazin stuff is fuckin’ uh Russia and India

UC1: Yeah eh

RS: Not uh do you have an Indian link… alight then so China it is for you…

(ASF#3, page 1093)

UC1 testified that he understood “Chinese gear” to be steroids from China.

[118] At breakfast, Cst. Senior also talked about a guy “with a sheet” that owed him “twenty large” for a truck power washing company he had invested in. (ASF#3, pages 1094-1100)

[119] After breakfast, the plan was to return the binder to Det. DiPlacido. They drove from Markham to Newmarket, as UC1 had something personal to attend to in Newmarket. On the drive, Cst. Senior was driving and UC1, again, opened up the binder and was flipping through the documents, reading things out loud and engaging Cst. Senior in conversation about it. There was a picture on an intelligence report in the folder with the name Mike Vigliotti. Cst. Senior pointed to the picture and identified this person as “Lips”. Cst. Senior stated that “Lips” would “flip” to be an informant and would be able to provide information on bigger stuff. (ASF#3, pages 1108-1111)

[120] During the drive, Det. DiPlacido called UC1. Cst. Senior said, “Tell him I have his guy if he wants.” UC1 then put the phone on speaker and Cst. Senior spoke to Det. DiPlacido. The conversation was in part:

RS: So uhm you know [T’s] a nosey fuck so he went through all your paperwork…

RS: Okay so there’s a guy you got uhm I don’t know if you want to talk about it over the phone but there’s a guy you have that you’re watching that if you want…I can get you in roads with…you understand what I’m saying…

RS: ….like this dude called me the other day…

They agreed to talk about it in person. (ASF#3, pages 1121-3)

[121] UC1 and Cst. Senior arrived at a lawyer’s office in Newmarket. Cst. Senior was left alone in the truck while UC1 went inside for approximately one hour. When he returned, UC1 called Det. DiPlacido to arrange return of the binder. Det. DiPlacido asked them to hold onto it for a couple of days as he had to step out. (ASF#3, pages 1152-1153) They then drove back to Markham and did traffic enforcement. On the drive, they had some discussion about the payment to Henry and how the amount of payment was determined for information. (ASF#3, pages 1159-1162) They also discussed further details of the Sherry Wafer information (ASF#3, pages 1167-1169)

[122] At 3:53 p.m., UC1 texted Cst. Senior and the conversation was as follows:

UC1: Bro…Can you scan that really recept and send it to Bedford please

RS: Not now I can’t…I have to grab my kid, I will do it first thing in the am

UC1: Rog

(ASF#3, pages 264-5)

[123] On August 28, 2018, at 7:46 a.m., Cst. Senior emailed a signed Confidential Human Source Payment Form, dated August 25, 2018, for “CHS #5599”, to D/Sgt. Bedford as an email attachment, indicating that he would drop off the original. The attached form indicated “I, CHS #5599 acknowledge the receipt of the sum of $1000…” It was purported to be signed by Henry Wong, who also printed his name, and it was witnessed by Cst. Senior. (ASF#2, page 63-64)

[124] Also, on August 28, 2018, at 8:58:40 p.m., Cst. Senior telephoned Henry. They spoke for one minute. Cst. Senior stated that he was calling because he was worried about Henry and wanted to find out about his trip to China. Henry assured Cst. Senior that he was fine. Henry said he was going to provide him with a locker containing “dirty guns”, in other words illicit firearms, that evening so he should keep his phone on.

[125] On the morning of August 29, 2018, Henry and Cst. Senior exchanged some text messages about various adult entertainment clubs. (ASF#3, page 446) The conversation then went as follows:

RS: Lol…Focus, storage locker

HW: Meet at FYEO, I’ll give you the locker info there, u don’t have to stay if you don’t want to but I’m gonna

HW: Lots of dirty hardware

RS: Brother, you are going to get me divorced, LoL

RS: You have the information???

RS: You have the locker

HW: This fucker is my biggest rival

HW: This locker is gonna change the landscape in my circles

HW: I absolutely don’t want you to get divorced my friend…u decide on what u wanna do but I’m coming down Friday and getting me some eye candy at FYEO, hopefully you’ll join me for a sip of some champagne cause when this locker goes down, I’m celebrating early

RS: LOL, cool. I will do my part to clear the landscape

RS: You have the locker information…yes??

HW: Yes, I’ll have it by Friday

RS: Okay. On Friday, if you have the information I will come down

HW: Deal

They then appeared to agree to meet at For Your Eyes Only the following evening at 7 p.m. (ASF#3, pages 446-7) Henry testified that there were two things being discussed: 1) information on another locker to be provided to police; and 2) information he was working on for his own bust of a locker of one of his biggest rivals, a former protégé, that he had referred to in earlier conversations when he stated he was looking for an address. In relation to his own bust, he was looking to take back drugs himself, get rid of the competition and be the “kingpin”.

[126] Later on August 29, 2018, UC1 and Cst. Senior exchanged some text messages about putting information into the CHS notebook, during which UC1 was providing some guidance. UC1 asked if Cst. Senior had returned the binder to Det. DiPlacido, to which Cst. Senior replied that he had not heard from him and had not returned it. (ASF#3, pages 266-267)

[127] On August 30, 2018, just before 6 a.m., Cst. Senior texted UC1:

RS: Just an FYI, Henry has information on the new Target he wants to meet later on tonight downtown are you available to meet up?”

RS: He canceled his trip to China and found this information for us he will be in town tonight and tomorrow night

(ASF#3, page 267)

There was no response from UC1 for a few hours, however starting at 9:27:36 a.m. the following exchange took place:

UC1: I’ll try to get a sitter…

UC1: If not…you know whatnot do…why downtown? Ask mofo to come up

RS: He has another meeting

RS: I figure give and take

RS: Can’t always be on our terms

UC1: Rog

RS: If you can make if cool, if not don’t stress

UC1: I keep yu advised

RS: Kool

(ASF#3, pages 268-9)

[128] On another topic, in the early afternoon on August 30, 2018, Cst. Senior exchanged the following text messages with Cst. Timur Timerbulatov and George Papoutsos. In summary, Cst. Timerbulatov asked Cst. Senior to help him find out the cost of certain steroids. Cst. Senior reached out to George Papoutsos and relayed the information back to Cst. Timerbulatov. The discussions were in part as follows:

TT: Anyways .. test E and prop with D bol…See how much it is

RS: How much of each… D Bol… You are insane

TT: Lol…Just ask… 3-4 of test E and prop… Dbol the same if they god… Got… If it’s 10 ml…. I m assuming…

RS: Okay

TT: I asked someone else to find out but he isn’t very reliable

RS: It’s hard to find a good source now

In and around the same time, Cst. Senior and George Papoutsos exchanged the following text messages:

RS: 3-4 of test E and prop…And D bol…I good friend of mine from work is asking for a price on this amount…Let me know…please and thanks….How are you by the way

GP: Hey bro im good!...D bol is 80 for 100 tabs 25 mg…Test e is 80…Prop is 70

RS: God bless

Cst. Senior then copied the text from Mr. Papoutsos and sent it to Cst. Timerbulatov, and stated, “Here you go.” Cst. Senior and Cst. Timerbulatov then had a text exchange about tablets versus injectable products. Cst. Senior confirmed Cst. Timerbulatov’s order:

RS: So place the order?? Are you sure??... 4 test E and 3 prop?

TT: Yes sir… 530?...Total

RS: When do you want it??

TT: I ll have money next week…Weekend

RS: Next Saturday pick up

TT: U gonna pick up…?...I ll give u money

Senior: Yes…Give me the money and I will pick up for you

Timerbulatov: “Ok”

Cst. Senior then relayed that order to George Papoutsos:

RS: Can I get Test E x 4, Prop x 3

GP: Sure for when ?

RS: Checking …one sec…Next Saturday.. for pick up, that cool??

GP: K

(ASF#3, pages 2364-2365)

[129] Returning to Henry, he testified that his objective on August 30th was to provide information on another locker, but at the same time he wanted to get Cst. Senior to run a licence plate for him, so that he could do his own “locker rip”. Also, if the conversation came up, he was to discuss being able to get steroids for Cst. Senior.

[130] In relation to meeting with Henry that night, at 9:27 p.m., the following exchange took place between UC1 and Cst. Senior:

RS: Making it cuz you couldn’t get coverage it just fine just do me a favor and send off an email to Mike saying that we met up with the CI for some more information on King Street downtown

RS: By spice route restaurant

UC1: Please make notes on your phone or a tissue or something…or get him to text you with info

UC1: Let me know when you are there and done…

RS: Okay will do I sent off an email to Mike Boris just to cover us, cc’d you on it

UC1: Rog

RS: Here now

UC1: Rog

(ASF#3, page 269)

[131] That night, August 30, 2018, Henry and Cst. Senior met at For Your Eyes Only – an adult entertainment club. A portion of the conversation was recorded on Probe 1 2018-08-30 22-54-26 000010 ambient-rec-20180830-225426. They went upstairs with dancers to have a private dance. Henry provided Cst. Senior with fictional information about a storage locker containing cocaine, ketamine and firearms, located at 65 Progress Road in Toronto. Henry wrote the address on a piece of ripped paper from a BMW magazine. Henry expressed frustration because he could not get an address in relation to a locker for a personal rival. Henry stated that he had been working on it for “almost a month”. Henry stated that he wanted the address so that he could “rip his stash”. (ASF#3, page 1258) “Henry” complimented Cst. Senior on his physique in order to move the conversation toward steroids. In response, Cst. Senior asked Henry if he could get steroids, as he was looking for steroids for UC1. Henry responded that he might have connections, but it would have to be a bulk purchase. Henry stated that he would not make any money from the transaction because he was a friend. As for the address on the licence plate, Henry asked Cst. Senior to query the licence plate for him and give him the information so he could identify a locker to “rip”. Henry held out that the target was the “runner” for his rival, and that the plate belonged to his target’s daughter. Cst. Senior said he could do it, but it could get him into trouble. He suggested that Henry go to the MTO or put a GPS tracking device on the vehicle. Cst. Senior later asked for the plate and said that he would see what he could do.

[132] The following further texts were sent that night between UC1 and Cst. Senior:

10:54:58 – RS: Zheng WEI

Quan WEI – LOCKER IN HIS NAME

TOMORROW late Friday night or very early morning Saturday morning

Coke

K

Tools

65 Progress Rd

Daytona Storage

60 years old

Short hair clear shaven

Salt pepper hair

Well polishes

20 year gf

(UC1 testified that he understood this was the information provided by Henry in relation to another locker.)

10:55:14 – RS: Has to be done ASAP

11:21:02 – RS: I will send off the email now but to who??

11:21:22 – RS: Bedford or the other DS??

11:31:59 – UC1: Bedford

11:32:11 – UC1: He is aware of this CI

11:32:27 – UC1: I’ll call him in am

11:32:41 – UC1: You good?

11:32:54 – UC1: Where yu at now

11:38:39 – RS: Still downtown I wrote a quick email and cc’d you on it

11:38:57 – UC1: Rog

(ASF#3, pages 270-1)

[133] At 11:45 p.m., on August 30, 2018, Cst. Senior reported to D/Sgt. Bedford in an email, copied to UC1, that he had met with the confidential human source and had been provided information that an individual named Zheng WEI would be moving cocaine, ketamine and firearms out of their storage locker at Daytona Storage, 65 Progress Road, Toronto. The email also attached a screenshot of the location on Google Maps.. (ASF#2, page 65-66) At 12:31:24 a.m., Cst. Senior texted UC1 that he was home. (ASF#3, page 271)

[134] On August 31, 2018, at 8:05 am, D/Sgt Bedford acknowledged the email. (ASF#2, page 67)

September 2018

[135] On September 3, 2018, Cst. Senior texted UC1, “I asked Henry for your request”. UC1 responded, “What request”. Cst. Senior responded, “Gas, fuel, sauce, juice”, “He says he knows a guy but only deals on bulk but he will find a connection”. UC1 answered, “Let’s grab a bunch or I can ask ppl if they want”. Cst. Senior replied, “Let’s see what he says first”. (ASF#3, pages 272-3) UC1 testified that this was in reference to steroids, and the statement “grab a bunch” is in reference to buying in bulk.

[136] Also, on September 3, 2018, Henry texted Cst. Senior at 8:43:03 p.m. and asked, “Was the locker epic as promised brotha?” (ASF#3, page 420) Cst. Senior stated that he had been off work for the weekend, another team was to do the project, and that he would find out the next day.

[137] On September 5, 2018, at 9:23 a.m., D/Sgt Bedford sent Cst. Senior and UC1 an email describing a fictional seizure of 0.5 kg of cocaine, 1.5 kg of ketamine, $25,000 in cash, a sawed-off shotgun and multiple shotgun rounds. In this email, D/Sgt Bedford stated, “[T]…I was able to arrange another $1000 payment to the CHS. Please contact me and make arrangement to pick up the money today…” (ASF#2, page 68) UC1 stated that he met his handler that day who gave him money for a source payment to Henry.

[138] In the afternoon, UC1 and Cst. Senior exchanged some text messages about the seizure. Further they discussed Det. DiPlacido’s binder. The conversation was in part as follows:

UC1: Where is despacitos notebook I’m a drop off when I grab chs $$$

RS: It’s not finished but his notebook is in my top left-hand drawer underneath my pens

(ASF#3, page 275)

[139] On September 6, 2018, Cst. Senior texted Henry to tell him what had been seized from the locker. (ASF#3, page 402). At 1:03:16 p.m., Henry stated, “And my rival?”, to which Cst. Senior responded “On the hit list”. (ASF#3, page 421)

[140] On that day, UC1 advised Cst. Senior that he “got payment for ci”. (ASF#3, page 275)

[141] Also on September 6, 2018, Cst. Senior coordinated picking up the money from Cst. Timerbulatov that evening and arranged to meet with Mr. Papoutsos the next day to complete the purchase of steroids. The conversations were as follows:

Cst. Senior and Cst. Timerbulatov:

TT: When do u grab money ?

RS: You tell me?? You have the money??

TT: I do

RS: He is waiting on you

TT: When are u around ?...U off this week…U want me to drop the money off tonight

RS: Sure drop it off ,$540 and I will go pick it up and bring it to you on Saturday

TT: Kk… I ll message you later

Cst. Senior and Mr. Papoutsos:

RS: Yoooo…My buddy can drop off the money to me tonight…What’s the total?

GP: Hey bro…Prop is 210…Enanthate is 320…540 total

RS: Perfect…I will meet up with you tomorrow and grab it…He is dropping off the money tonight

GP: Nice

(ASF#3, page 2360-2361)

Later that day, September 6, 2018, Mr. Papoutsos asked Cst. Senior, on WhatsApp, to query his licence plate to ensure that there were no complaints against him. Cst. Senior said, “I might be able to run it tonight…send it to me”. Mr. Papoutsos then texted the plate – BXLC238 – to which Cst. Senior stated, “Cool. I will have a car swing by my house”. Mr. Papoutsos stated, “Thank you, just let me know asap so I can put in a claim in the morning.” Around 9:00 p.m., Cst. Timerbulatov texted that he was at Cst. Senior’s home, and Cst. Senior replied that he was coming out. (ASF#3, page 2359) At 9:03 p.m., Cst. Timerbulatov queried Mr. Papoutsos’ licence plate, BXLC238, on his Mobile Data Terminal. Around 9:04 p.m., Cst. Senior texted Mr. Papoutsos that he was “clean” and could make the report. (ASF#3, page 2359)

[142] On September 7, 2018, Cst. Senior and George Papoutsos exchanged text messages arranging to meet. There was initially some discussion about meeting at the gym after 3:00 p.m., but according to the messages, this did not appear to occur, as George Papoutsos sent a text to Cst. Senior at 4:40 p.m. which stated, “Hey bro whats your timing?”. Cst. Senior replied, “Just got out of my meeting now…where you want to meet?”. They then talked about meeting at Bathurst and Rutherford in 30 minutes. At 5:27 p.m., Cst. Senior stated, “I am here parked out front”. (ASF#3, page 2359)

[143] On September 8, 2018, Cst. Senior communicated with Cst. Timerbulatov over WhatsApp. In the exchanges, Cst. Senior expressed an interest in Simona Marra. At 8:39:46 p.m., Cst. Timerbulatov stated, “Oh btw I expect some good gains…From this product…Olympic…Or I ll shove those empty vials…Into ur buddy’s anal…If it’s not any good”. Cst. Senior responded, “The gear is good…All from your mother land…”

[144] On September 9, 2018, UC1 had a telephone call with his handler and was given objectives for the next day. The objectives were to give the confidential human source money to Cst. Senior and see if he offered to split it with him. By this time, UC1 had $1300 in total - $1000 for Henry and $300 for the Sherry Wafer source. He testified that, at that time, he did not know who had been named as the Sherry Wafer source. If Cst. Senior were to offer to split the money with him, UC1 was directed to take it and send the receipt as soon as possible.

[145] On September 10, 2018, the interaction between UC1 and Cst. Senior at 5COR was recorded on Device 1 2018-09-10 09-30-00 00007 20180910. Cst. Senior received $1300 from UC1 to pay Henry and the Sherry Wafer source. Cst. Senior never offered to split the money with UC1. The interaction was in part as follows:

UC1: Got something for you. More duckets

RS: Okay

UC1: This one’s okay. Put in 5599 there.

RS: Yeah. Where do I put the 5599? Right here

UC1: No

RS: Why not?

UC1: We were given a number

RS: For who? …

UC1: You know what I mean?

RS: Yeah yeah

UC1: So…yeah so…I’m gonna leave that with you

RS: Hmm

UC1: My hand over time

RS: (laughs)

UC1: 10:03

UC1: ahm…yeah, Doug wants to keep that one around

RS: Uh hmm

UC1: That one around

RS: Yeah

UC1: Ah just because he wants to cultivate down the road

RS: Yeah

UC1: And use the information down the road

RS: Yeah

UC1: Henry’s just Henry right? So

RS: All right

UC1: ash…so whatever you wanna do

UC1 testified that “duckets” was a reference to money / cash. (ASF#3, pages 1268-1270)

[146] UC1 then started a conversation about the named source on the Sherry Wafer information. The conversation was as follows:

UC1: …So the other one…

RS: Yeah?

UC1: So the two..

RS: …

UC1: The what?

RS: Which one? The other 2 what?

UC1: Henry and the other…

RS: Yeah

UC1: The other CHS…who-who’d you put on that? ‘Cause I’m like…like I know

RS: …

UC1: Lunchroom

RS: Hmm

(ASF#3, pages 1278)

The conversation then moved to the lunchroom and continued as follows:

RS: So…was a guy I knew from back in the day from…my ex-girlfriend slash fiancée…he’s her cousin…he’s he-he…he used to do…he used to grow weed and shit when I was..

UC1: …yeah yeah

RS: ahm…but like he’s just fucking …Hell and hard and a …actually, remember the guy I told you that you I gave the 20 grand to?

UC1: yeah yeah yeah

RS: His older brother…is how he got started in all the…in all the stuff. ‘Cause the older brother, David, he’s the one who did all the grow-ops and blah blah blah but inside houses and he was working with the Chinese. But he got in heavy with the gambling and heavy into alcohol….just like the younger brother and then pissed it all away. He’s known. Like you run his name, he’s like a fucking…he’s just an addict now. He’s just like a fuck-all

UC1: …Oh he’s a junkie? Okay

RS: Not a junkie but like…

UC1: …oh

RS: You know what I mean? They’re not…an alcoholic guy

UC1: …Okay cool. Like that’s….

RS: …Only if she knows him well well well. So she’s never…

UC1: …Okay fair. All right

RS: …Used him. She just uses his name.

UC1: …Okay cool. So…do whatever you want the cash, I don’t fucking care, so…

RS: …Yeah. Yeah. Who’s gonna s’ … I gotta sign it and return it don’t I?

UC1: You gotta sign what?

RS: I gotta sign the receipt and return it, right?

UC1: What do you mean, sign it?

RS: The receipt. The paperwork. You gotta sign the paperwork.

UC1: Yeah it’s pape’ … it’s signed.

RS: Yeah I know but I …I have to get it…

UC1: …Eye witness

RS: …signed by the …guy. The person I give it to.

UC1: Br’…

RS: …And then it has to be returned, does it not?

UC1: Yeah, why don’t you ….why don’t you put your fucking ah si’ ….your signature on it.

RS: …Yeah

UC1: …I don’t fucking know

RS: …Yeah yeah…we’ll figure it out

UC1: Okay

(ASF#3, pages 1279-1280)

[147] UC1 left the station to get a coffee and returned. He then left again and returned at 12:05 p.m. The two of them then went out together. They then have the following conversation about the Sherry Wafer source:

UC1: …So what the fuck are we doing with this ah…thing

RS: What?

UC1: So with ah…fucking exhibit A source? The fucking …the U-source (chuckles). The U-source. What are we gonna do?

RS: I don’t fuckin know. Well, you tell me.

UC1: I’m not fucking saying shit. I’m not saying nothing. Naw, I’m just kidding.

RS: Saying shit’ …(laughs)

UC1: I’m just messing with you. What ah…what do you wanna do?

RS: I have no idea. Ah…dude this is new to me. This is all brand new for me.

UC1: Oh my god. Come on. It’s fucking easy peezy.

RS: Well you tell me then.

UC1: …yeah whatever…whatever you think buddy. Like you know what I mean like…

RS: …

UC1: So who did you…w-who did you use the uh…what-what’s the guy’s name? You put on it, just in case they ask me?

RS: …Dave. Broadhead. David Broadhead

UC1: Broad-head?

RS: Broadhead. He’s a known rounder that everybody knows in Newmarket.

UC1: Is he your buddy’s…your buddy…the guy that you loaned twenty G’s to, is this the brother?

RS: His older brother. He used to be my friend as well but he fucking…like I said…he got heav’…his fa’…here’s the thing about her…let me give you the long and short of it…

RS: So…I was dating this girl. We got engaged. Her cousins…ahm…were these two ah brothers.

RS: ah…David and Gordie

UC1: Gordie is the guy you loaned the …

RS: …yeah

UC1: … twenty G’s to

Cst. Senior continued explaining the background of these two. The conversation continued:

UC1: You ever check him?

RS: I don’t wanna run him. ‘Cause I know he’s-he’s got whatever and it’ll say you know contact police blah blah blah

UC1: She’s SIP?

RS: Oh he’s SIP one hundred percent.

UC1: Well it will come back to you if you go after him

RS: Yeah. Exactly. That’s why I’m not gonna fucking run him.

(ASF#3, pages 1305-1316) UC1 testified that he did know whether, in fact, David Broadhead was associated with this information in any way. As for the reference to “SIP”, UC1 testified that this stands for “special interest person”, and explained that, in the CPIC database, if someone is being investigated, an investigator will flag the name and indicate that the investigator is to be contacted.

[148] The two officers then returned to the station. UC1 took the DiPlacido binder. They briefly returned to the topic of the Sherry Wafer source money:

UC1: So what’re we doing with the fucking cash?

RS: Which one? All of it?

UC1: Well, Henry’s is Henry’s, but the other one

RS: …I dunno. You tell me bro’ (laughs)

UC1: Duck right? I don’t know. Like you fucking signing off? I-I don’t really care what you do.

RS: I-I’ll get somebody to sign off. I’ll just get …. or someone else to sign it off and then we’ll just go

UC1: Do whatever the fuck you do.

RS: And then I can….going to charity

UC1: …do whatever the fuck you want

RS: I’ll donate to charity

UC1: You what?

RS: Donate it to the [T] fund.

UC1: Fuck not my fund bro’

RS: I’ll put it to your fund. You should…

UC1: No, I don’t…I don’t need it in my fucking fund

RS: You need a fund. You-you’re stressed, you need a fund

UC1: …I don’t need a fund. I don’t need a fund

RS: You need a fund. I’m gonna go set up a-a-a…I’m gonna go start a Go Fund Me page

(ASF#3, pages 1332-1333)

[149] Just after 1:00 p.m., Henry and Cst. Senior exchanged some WhatsApp messages about arranging a meeting for that evening at 8 p.m. at Milestones. (ASF#3, 422-3)

[150] At 5:42:47 p.m., on September 10, 2018, Cst. Senior texted UC1 and stated, “H wants to meet tonight at 8 pm at milestones, he has something important to tell me…I am going to pay him and hear what he has to say….He is leaving town tomorrow or something.” (ASF#3, page 278) At 7:43:48 p.m., Cst. Senior texted, “on my way to go met him now”.

[151] Cst. Senior met with Henry in the parking lot of Milestones. At 8:02:16 p.m., Cst. Senior sent a WhatsApp message to Henry, “Come by my truck…I have more paperwork”. Henry testified that he met Cst. Senior in his F150 truck. Cst. Senior asked why Henry wanted to meet. Henry expressed frustration because he could not get the address of his rival. Cst. Senior stated, “I told you what to do brother” and suggested a GPS device being placed on the vehicle. (ASF#3, page 1337) Henry stated that he did not “want to go that route”. (ASF#3, page 1337) Cst. Senior suggested that Henry needed to weigh and balance “how badly do you want it”. Henry stated, “Hey I’m just taking back what’s rightfully mine”. (ASF#3, page 1338) Henry explained that they had been following the rival’s daughter but this had not assisted. Cst. Senior suggested that Henry be patient. Cst. Senior said, “…if we take it then we’re taking it you know what I mean”. (ASF#3, page 1339) Cst. Senior suggested a number of times that Henry needed to be patient. Henry stated that he had a plate, but Cst. Senior stated, “It won’t come back…it won’t come back to where you want it to come back to.” (ASF#3, page 1341) Cst. Senior suggested, “…if I run it then it becomes our thing and then you can’t touch it…” (ASF#3, page 1341) Henry then stated:

Well if you don’t if you don’t if you don’t run it you can get someone else to run it like it’s not gonna...but for me.

(ASF#3, page 1342)

Cst. Senior stated that he could not because “then it comes up on the sheet and then they they go after it right” (ASF#3, page 1342) Henry specifically suggested UC1 running the plate. Cst. Senior turned on the cab light. Cst. Senior stated, “…give me the plate number and I can see … what I can do.” Henry said that all he needed was an address. Henry had the licence plate information on a piece of paper which Cst. Senior copied on a white napkin and put it in the cup holder in the centre console. Henry also gave him the piece of paper on which he had the licence plate written, which he also put in the cup holder. Henry said that he wanted their relationship to continue and that they would be “graduating from lockers to warehouses…”. (ASF#3, page 1344) Cst. Senior said, “A’ right let me see what I can do…get somebody to do this…off off radar”. (ASF#3, page 1344) Cst. Senior said it would not be him or [T] (UC1) running it. Cst. Senior said that he could not promise anything but would try and “get it facilitated…sooner than later..”. (ASF#3, page 1347) Cst. Senior stated, “…I got a couple of resources…they can back door channel it for me..”

(ASF#3, page 1350)

[152] Henry was then presented with the money receipt form, which he signed. (A copy of the form was included in ASF#2, page 86). There was money in the cup holder, brown bills. Henry never touched the money. Cst. Senior never asked Henry to take the money. As Henry was exiting the vehicle, he saw Cst. Senior grab the money with his right hand. He did not see where Cst. Senior put the money. Henry agreed that he left the money behind on purpose. He had no idea what Cst. Senior did with the money. He never saw the money again. They exited the vehicle.

[153] They went into Milestones. They ordered food and had general conversation. Henry referred to becoming the “dragon head” which he explained was the head of the syndicate. (ASF#3, page 1355) They returned to the topic of the plate. Henry asked if he would be able to get the information tomorrow. Cst. Senior said he could not say tomorrow, but that he would try his best in the next couple of days. Cst. Senior stated, “I will try my best….but I gotta see who’s working tomorrow…” (ASF#3, page 1357) Cst. Senior explained that he had to have a reason for “running people”. (ASF#3, page 1358). Henry explained that when he had the address, they would follow the individual to the locker and “crack it open”.

(ASF#3, page 1360)

[154] Cst. Senior brought up the topic of steroids for UC1 and wanted to know what quantity Henry could get it in. Henry said a minimum of 50 vials. They discussed price. Henry confirmed that his “guy” would not need to make money from this transaction, but he would do it as a favour for a friend. Cst. Senior said he had a friend named “George”, who was a bouncer, and wanted to know if Henry was interested in selling “product” to “George”. Henry said he did not know “George” but he would not turn down a business opportunity. Henry said he would meet “George” if Cst. Senior trusted him.

[155] At 9:39:17 p.m., Cst. Senior texted UC1, “All went well he has some more information for us but he is asking a favour I’ll tell you tomorrow”.

(ASF#3, page 278)

[156] Shortly after that, still on September 10, 2018, Cst. Senior attended the home of his friend, Fabian Wills. Mr. Wills left his house and got into Cst. Senior’s Ford F-150. Cst. Senior and Mr. Wills had a conversation, in which Cst. Senior explained that he had “a bunch of confidential sources…CIs and shit” and “I need you to forge somebody’s signature”. Cst. Senior handed Mr. Wills a CHS payment form and told him to print “D. Broadhead” and then place the signature. The conversation was captured on Probe 1 2018-09-10 21-48-26 00012 ambient_rec_20180910_214826. (ASF#3, pages 2260-2261)

[157] Just after parting ways with Mr. Wills, Cst. Senior is intercepted dictating a message as follows:

Yo, FYI, I found the second CHS side chick so I’m going to give her the money for him but it’s fifty dollars light just an FYI so it’s three hundred not three fifty.

As the recording cuts off it appears that Cst. Senior is dictating a further message. (ASF#3, page 2266) (Probe 1 2018-09-10 22-04-38 00014 ambient_rec_20180910_220438)

[158] At 10:10:40 p.m., Cst. Senior sent a text to UC1 as follows:

RS: FYI I contacted the second CHS I figured I’d just give him the money since I used his name but it’s $50 light there’s only 300 here two Browns and Two Reds

RS: You counted when you pick it up?

(ASF#3, page 278)

There was no response.

[159] Later that night, September 10, Henry texted Cst. Senior to ask if “George” wanted a “9 pack” or a “box” - 9 oz or 1 kg. Cst. Senior said he would get back to Henry. (ASF#3, page 423)

[160] On September 11, 2018, some text messages were exchanged between UC1 and Cst. Senior. UC1 advised Cst. Senior that he made a mistake on the amount. Cst. Senior stated, “Okay…I will correct the paper”. UC1 then asked, “Can you please send the yrp 480s to Bedford.. He axing”. Cst. Senior agreed to do this when he was out of court. (ASF#3, page 279) UC1 testified that he made a legitimate mistake on the receipt form, in that he wrote $350 when he should have written $300. This was not part of any scenario.

[161] Also on September 11, 2018, Cst. Senior and Henry exchanged text messages about the licence plate. Cst. Senior stated that he had not had a chance because of personal issues. (ASF#3, pages 423-5)

[162] On September 12, 2018, at 7:01 a.m., Cst. Senior sent an email to D/Sgt Bedford and UC1 which stated, “I scanned copies of the receipt and will attach them to this e-mail. [T] said he will drop off the hard copies at your office. Thanks for all your updates, very much appreciated.” Attached was a completed Form YRP480C - Confidential Human Source Payment Form - for “CHS #5599” dated September 10, 2018. It was an acknowledgement of receipt of $1000 and purported to be signed by Henry Wong and witnessed by Cst. Senior and UC1. Further attached was a Form YRP480C stating “I, CHS (one time source) acknowledge the receipt of the sum of $300 ($350.00 was crossed out and initialled by RS) dated September 10, 2018, purported to be signed by “D. Broadhead” and witnessed by Cst. Senior and UC1. (ASF#2, pages 69-72)

[163] Shortly after this email, UC1 and Cst. Senior met at Big Sizzler for breakfast. The conversation was captured on Device 1 2018-09-12 07-16-00 00008 20180912. Cst. Senior advised UC1 that he emailed the receipts, cc’d him and had advised that UC1 would be dropping off the hard copy. With respect to Henry’s information, Cst. Senior said that Henry would now be providing warehouses rather than lockers. After leaving the Big Sizzler, there was a conversation in the parking lot as follows:

ASF#3, pages 1408-1417

RS: No no no there’s that and then ah and home boy is harassing me…plate

UC1: Yeah

RS: …

UC1: He’s fuckin solid he hasn’t fuckin’ he’s have given us so much shit you know what I mean like it’s it’s fuckin’ I told you twenty (20) fuckin’ years bro I’ve never fuckin’ had a guy

RS: If this was like I even if it’s like ten (10) keys a hit or five (5) keys he’s like a one (1) key one (1) key I know that’s what (stutters) it’s it’s of decent he’s always steady and reliable but now he’s saying he’s upin’ the game

UC1: Mm

RS: But still I still feel odd about

UC1: But hold… that’s the whole thing if you know what I mean if he ah like if he he’s said he’s giving up warehouses

RS: Well he says… he’s working on warehouse he says he’s a (unintelligible)

UC1: Dude a fuckin’ warehouse is a fuckin’ huge score right like

I don’t know you know what I mean like I trust like I don’t he ain’t my fuckin’ BFF like you

RS: She went ape shit and then I fuckin’ left pack grab the bag some shit went to my mom’s dump it off ah called up homes boy’s side piece…he was fuckin’ passed out woke him up she fuckin’ signed his name for him and that was it give her the cash and said give it to him when he wakes up when he sobers up.

RS: Here run this plate for me run this plate for me

UC1: What is it

RS: Just run this plate for me

UC1: What is it

RS: Just run this plate for me

UC1: Why are you trying to set me up

RS: How I’m trying to set you up, run this plate for me

UC1: What is it

RS: Run this plate for me

UC1: On a tissue

RS: Yeah…An no these…just…

UC1: Listen is this the Henry thing

RS: Just run the plate for me it’s fine

UC1: Don’t leave it with me man

RS: It’s fine just run it for me

UC1: What is it

RS: Can’t you just run it for me…

UC1: If he’s fuckin’ solid, he’s your fuckin’ CI

RS: (laughs) what’s your fuckin’ (laughs)

UC1: No no buddy I’m telling you no I’m been straight with you

RS: Just run this plate for me

UC1: Just get out of my fuckin’ thing listen…listen…listen…listen

RS: Wait wait

UC1: …why are you being all sketch bro

RS: I’m not being sketch because I’m putting

UC1: You need to you know listen no hear me out man hear me out

RS: (laughs)

UC1: He’s fuckin’ no … you get promoted in two years after this

RS: (laughs)

UC1: Right

RS: I don’t have any aspirations for that that means I have to go back to the road are you crazy

UC1: Ah here is the thing bro you know like I told you when we were sitting down twenty (20) years and never had a guy fuckin given up that stuff he’s giving up warehouses and shit

UC1 testified that the reference to the tissue was because Cst. Senior had a small piece of paper – approximately ½ inch by 3 inches long – with a licence plate on it. The paper was tossed back and forth. The discussion continued:

RS: Well that’s next, apparently that’s the next thing

UC1: You know what I mean like I would be curious I would be fuckin’ curious to see what’s the fucks up….there’s a shit load of cash coming in and out of those fuckin’ places man you know what I mean

RS: Yeah…before we pulled what one thirty-five

UC1: Buddy it was a shit load of cash coming in and out of those places okay

RS: Oh no we pulled more than that…no, no one thirty-five

UC1: I’m curious I’m curious to see what this fuckin’ warehouse is all about

RS: Oh that’s also what I wanna talk to you about

UC1: You know what I mean

RS: So I talk to him says he’s got a wholesaler for some gear but he says minimum he says if you do fifty vials it’s like

UC1: I’m not doing injectables

RS: Tabs don’t do tabs

UC1: Why not

RS: Tabs are the worst thing to do

UC1: No I just drink a lot of water

The two continued to discuss steroids – type and price. Cst. Senior stated that he could probably get the price down. The conversation then returned to the plate Henry was asking to have run and the information Henry was providing:

ASF#3, pages 1420-1

UC1: Get away from my fuckin’ car man

RS: (laughs) Why you pushing on me anyway

UC1: I’m not pushing on anything man it’s just listen you it’s your fuckin’ CI. I’m fuckin’ just a controller. I’m just sitting on the fuckin’ outside makin’ sure everything goes kosher and makin’ sure the paperwork is there. That’s all that fuckin’ matters to me

RS: (Laughs)

RS: Coach coach

UC1: Coach

RS: Side bar

UC1: Don’t coach…

The conversation returned back to steroids - selling it on the side - which Cst. Senior said “its not that hard”. The conversation then returned to Henry and the warehouse:

ASF#3, pages 1423-1424

UC1: But I wanna know what this fuckin’ warehouse is all about. I wanna know …

RS: No, no, no, no, you just do paperwork…paperwork see the paperwork there paperwork (laughs)… Little paperworking ass it’s fine… but apparently he said warehouses…

UC1: …where are these fuckin lockers… they’re all over the city….

UC1: I was just sitting there thinking you know what I mean.. there’s a lot of cash coming out of those fuckin places.

RS: A lot… fuck… lot…is what it is brother we’re just the Intel guy’s, we don’t do the doors we don’t get hands on

UC1: Why not

RS: So it is what it is…

UC1: Why not I don’t see why not don’t seize a fuckin…he’s been fuckin’ legit right he’s fuckin’ Chinese organized crime whatever it might be so but he hasn’t fuckin’ steered us wrong and it’s been bang on time sensitive it’s fuckin’ solid shit man

RS: Uhmmm

UC1: I trust the guy so you know what I mean

RS: Hold on you trust the guy

UC1: I trust him

RS: Now we trust him…

UC1: …

RS: ‘Cause when we first met him I don’t trust him I don’t trust him…

UC1: I trust him for what he’s doing you know what I mean but you know this is going to be fucked up… I would trust him before I trust these fuckin’ rats… did you not hear the comments about…all these guys are fuckin entitled they go fuckin’ go to the fuckin’ bosses and talk shit … people at the table will talk shit whatever just get that message across right I’m not fuckin’ dumb

ASF#3, pages 1428-1429

UC1: That warehouse we gotta talk about that too

RS: Brother if you..…

UC1: I’m not doing lock…

RS: You still missing it you still missing the heroin dude with the gun

UC1: Hey slow down yeah we’ll do that but I’m looking at a big score so fuck it

RS: Eh

UC1: Looking at a big if it’s a big score at a warehouse you know what I mean

RS: [unintelligible] Yeah but I don’t think it’s any time soon he said he’s working on it so it will be in a couple of weeks [unintelligible]

UC1: Well yeah if it’s fucking if it’s that much if a warehouse is that much fucking dope I don’t care about the dope cash and stuff why don’t we just fucking I got a pair of fucking snips you know where I’m going with that

RS: [laughs] okay that’s fine but focus for a second okay we still have the heroin dude to deal with…

By this point, UC1 was in his car and Cst. Senior came back to his window when he spoke to him. UC1 testified that the reference to “snips” was not part of his planned objective. It was just in conversation. He stated that he was trying to “squirm out” of running the licence plate. Also, he was trying to elude to some nefarious nature – to his criminal element and how he was interested in money. In cross-examination, UC1 agreed that he saw this as an opportunity to add to his cover story and suggested executing a warrant themselves and “something nefarious underlying that”. UC1 agreed that there had been no suggestion to him by anyone that Cst. Senior had been taking money from lockers or “snipping” lockers.

[164] At the end of the meeting, Cst. Senior said that he was not going to tell Henry “yes yet”, in relation to the steroids, until UC1 “put some list together” of what he wanted. UC1 agreed to provide him with a list of steroids that he wanted. (ASF#3, page 1431)

[165] Commencing at 9:52:32 a.m. on September 12, 2018, Cst. Senior started a text conversation with Henry, which was as follows:

RS: Meet me for a coffee tonight

HW: Tell me u got an address for me

RS: I will let you know time and location later on their afternoon

RS: Just got some shit I have to deal with

(ASF#3, page 425)

[166] On September 12, 2018, around 9:45 p.m., Cst. Senior himself queried the plate number supplied by Henry. (ASF#4, page 4, para. 10)

[167] The same evening, on September 12, 2018, Cst. Senior and Henry met in the Milestones parking lot. The discussion was recorded on Club Device 2 2018-09-12 21-05-00 00003 20180912. Henry was outside Milestones having a cigarette. Cst. Senior approached Henry talking a bit about problems in his personal life, then said, “gimme your phone”. (ASF#3, page 1436) Henry asked what it was about and Cst. Senior said, “Gimme your phone based on trust right”. (ASF#3, page 1436) Henry gave Cst. Senior his covert phone. Cst. Senior asked how the photo function worked to which Henry responded that he did not know. Cst. Senior stated, “Now I just wanna take a picture with your phone…it’s fine…uh there it is camera alright there’s the camera right there alright give me two minutes I’ll be back …”. (ASF#3, page 1437) Cst. Senior went into his truck. Cst. Senior then returned with the phone and told Henry to “take a look” and told him to unlock his phone to look at his pictures. (ASF#3, page 1437) In the pictures, Henry recognized the plate number and there was an associated address. The photos that Cst. Senior took were marked as Exhibit #13. It was a screenshot of what appeared to be a CPIC terminal. Cst. Senior told Henry to keep it quiet and remarked, “Now our both necks are on the line”. (ASF#3, page 1437) Henry asked to go back to his truck to call his “boy”. Cst. Senior got in the driver’s side and Henry in the passenger side. Henry staged a call to his “boy” to relay the address information just obtained. Henry spoke in an Asian dialect, stating that he had the address and to “follow him”. (ASF#3, page 1438) Henry asked Cst. Senior, “what about…your boy George.” Cst. Senior was non-committal, said “George” was travelling and he was not sure. They talked about trust and agreed that they were both putting their necks on the line. Henry said he could put aside a “couple of boxes” but he would need to know that night. Again, Cst. Senior said, “If it’s spoken for it’s spoken for,,,it’s fine…don’t worry about it…don’t stress about it….” (ASF#3, page 1441) Henry then asked Cst. Senior about UC1. Cst. Senior stated that he told him to get a list together of what he wanted and Cst. Senior stated that UC1 would “take a hundred”. (ASF#3, page 1442) Henry invited Cst. Senior to come into Milestones but Cst. Senior declined and departed.

[168] After September 12 and up to and including September 22, 2018, Henry did not have the covert phone, so any communication purported to be had with Henry would have actually been with Det. Ahmad Salhia #1383, posing as Henry.

[169] On September 13, 2018, Cst. Senior and UC1 spoke on the phone, during which Cst. Senior asked if he had his “grocery list”, in reference to the steroids. UC1 said that he would get the list to Cst. Senior.

[170] On September 15, 2018, Det. Salhia, posing as Henry using Henry’s phone, told Cst. Senior via WhatsApp “Everything went well no problems I got what’s rightfully mine…I’ll have something for you soon”. Cst. Senior replied, “The scales are balanced”. Det. Salhia, as Henry, said that he had “put 2 boxes aside for you”. Cst. Senior responded “I still have not heard from him yet so don’t hold up progress”

[171] On Monday, September 17, 2018, UC1 saw Cst. Senior in the morning at the beginning of shift in the office. They went to breakfast with another officer. After breakfast, they parked side by side. The conversation was captured on Device 1 2018-09-17 09-21-00 00009 20180917. Cst. Senior told him about Henry and that he would be out of town and giving his phone to his second in command. Cst. Senior told UC1 to “get your pry bar ready”. They also discussed UC1 preparing a “grocery list”. UC1 said he would write it down and give it to him. They also further discussed steroids, specifically, prices, different types, and the best “stack” to do for the best results. At 11:30 a.m., they left each other. (ASF#3 pages, 1447-1476)

[172] That afternoon, they met back at 5COR. The conversation was captured on Device 1 2018-09-17 13-31-00 00010 20180917. They again visited the topic of steroids, starting off with UC1 saying, “let’s talk about the groceries”. There was then a discussion about the money owed to UC1 from his cousins. They talked about what was the best “stack” to take (ie: the best combination of steroids to use together). UC1 asked Cst. Senior if he could get him $400 worth of steroids until Henry got back from China. The following exchange took place:

UC1: Is there anything between now and then before he comes back?

RS: What do you mean?

UC1: If I give you $400 bucks… Can you get anything between now and him coming back?

RS: I dunno his guy…

UC1: Oh

RS: …Didn’t I give you some stuff today?

UC1: Me?

RS: Yeah

UC1: What’d you give me? You gave me a fucking list of…you gave me fucking glucosamine. It’s on sale at Costco.

(ASF#3, pages 1489-1490)

[173] The conversation then moved to the topic of the warehouse, again a topic raised by UC1:

ASF#3, page 1491

UC1: So what’s the story with the ah…did he give any indicator when he’s going to get that ah warehouse?

RS: Hmm, no

UC1: No indication, eh?

RS: No, where-where it is?

UC1: Hmm

RS: …No, he just said it’s something big coming. All right.

UC1: The same thing. So there’s always been fucking…guns, drugs and cash

They then returned to the topic of the steroids, discussing various products such as Andro, Trend A, Trend E, liquid D, Test, TMT 300, and Propionate. Finally, the conversation returned to the warehouse:

ASF 3, pages 1493-1504

UC1: All right. So what do you wanna do with ah… what’s-his face ah Henri’s warehouse?

RS: I dunno. He hasn’t told me anything about it. He…

UC1: …When it, when it comes up. If it’s fucking drugs, guns, and cash.

RS: I dunno. What do you wanna do?

UC1: I dunno.

RS: You wanna make some money, you wanna…?

UC1: Fuck yeah, (laughs) what do you think?

RS: You wanna make some money, or what?

UC1: Oh fuck, why not?

RS: Well, here’s what I’m thinking. My logic is here. I say we tell what’s-his-face…like he tells us where it is, we have his guys knock it, we take the cash, and he takes the product, and done.

UC1: Have his guys knock it?

RS: Yeah

UC1: How much is the … How much is it?

RS: I dunno. I don’t know anything about it. I know nothing about it…

UC1: No, no. In the, in the previous…in the previous …

RS: …It varies, right? From (sighs) what I can remember…from the warehouses, one was…

UC1: It’s all on the emails.

UC1: Why’re we gonna let them knock it? Why don’t we fucking…

RS: (sighs)

UC1: Well, the only problem is the other shit. Like I-I got no reason…I got nothing to do with fucking…

RS: Yeah, that’s what I’m saying, so it’s…

UC1: …Burners and fucking…unless you want it

RS: well no, ‘cause I have nowhere to go to, so this is what I’m saying…I’m saying if we do the…if we do a…a combination knock, his guys take the product and go, we take the cash and go.

UC1: Yeah, then we’re …(sighs) his guys. That was my fucking thing. Why-why can’t we bring our own fucking…like’s …we need somebody to keep six.

RS: That’s what I’m saying. So if we have two there-there’s……

UC1: I don’t fucking want it

RS: That’s what I’m saying, so let’s…

UC1: …Unless you want it, I don’t fucking want it.

RS: …I am…I have…I have nothing to do with it, so my point is…

RS: …So my point is, if these guys come and take it, then these come and take it and go. I don’t want to carry it and drop it off.

UC1: No, I ain’t fucking transporting for no one

RS: That’s what I’m saying. So have him come and cash and carry it himself. ‘Kay either him…no he won’t le’…he will

UC1: They’re not gonna le’ ….they’re not gonna leave the cash

RS: Huh?

UC1: They’re not gonna leave cash

RS: This is what I’m saying

UC1: (sniffs)

RS: So you, me and …Bob go, Bob takes…and then we’ll take the cash.

The discussion continued about how to best “knock” the warehouse. They talked about needing someone to “keep six” and the need to pay that person. They discussed the fact that if they left the drugs and guns it would look strange and would point to police. They also talked about someone who could take the product if Henry was not involved. They discussed what to do if there was a safe, and UC1 suggested just taking the safe with them. Henry was expected to be back in 7-10 days. They each agreed to look into a person who could “keep six”. They discussed needing a van. UC1 testified that he was not expecting to have this conversation and that this was not part of his objective from his handler.

[174] That afternoon, September 17, 2018, Cst. Senior and George Papoutsos had the following text message exchange:

RS: Yo…A friend of mine from work wants to start a cycle ..what do you recommend and how much…He has $400 to spend… Starter kit…LOL

GP: Ok im just in the middle of something il text u a cycle I abit… Is your friend trying to bulk or lean out?

RS: Both…Put on some size but stay lean

GP: Tell him to do some

Deca

Test

Dbol

RS: Okay cool…Thanks…I will have the money by tomorrow

(ASF#3, pages 2354-2355)

[175] Cst. Senior then texted UC1 at 9:41:39 p.m., “Bring the $$$$ tomorrow”. (ASF#3, page 287) Cst. Senior continued texting with Mr. Papoutsos:

GP: 400 doesnt get him much lol

RS: It’s just a start…He will order more in a week…Thanks brother

GP: Np…You wanna see me tomm for it ?

RS: He should have the money tomorrow…I will message you in the morning

GP: Ok

(ASF#3, page 2354)

[176] On September 18, 2018, UC1’s objective was to establish a timeline for the steroid purchase and to discuss the details involving the warehouse, specifically who the third-party lookout would be and how the guns and drugs would be moved.

[177] Through text message, UC1 and Cst. Senior agreed to meet for breakfast at Big Sizzler. At 7:04:59 a.m., Cst. Senior texted, “I am here now!!!” and at 7:06:42 a.m., “We have to talk”. (ASF#3, pages 288-90) The breakfast discussion was captured on Device 1 2018-09-18 09-30-00 00011 20180918. UC1 told Cst. Senior that he had the money for the steroids.

[178] After breakfast, they talked at the front of the building. Cst. Senior and UC1 refined various aspects of the warehouse plan, which they coined the “operational plan”. UC1 stated that the person he thought could help was not available. Cst. Senior raised concerns about cameras and stated that he did not want to go in like police, pointing to his YRP shoulder flash. They discussed whether they should wear all black. Cst. Senior stated that there should be no phones or personal cars. They then moved the discussion around the back of the building in the loading dock area. Cst. Senior stated, “I’d rather hammer out all the details now so if he calls us tomorrow says hey it’s here and it’s tomorrow we need to go alright”. (ASF#3, page 1574) There was further discussion about who would be the lookout. UC1 asked if he was considering “Lips” to which Cst. Senior said that “Lips” could not do it because of the concern he was being watched by police. However, Cst. Senior did say that “if we took him the product, he could move it for us”. Cst. Senior suggested the use of a rental van to be paid for with cash, not credit. UC1 suggested a rental from Home Depot, however, Cst. Senior said they have GPS. Cst. Senior suggested doing surveillance on the warehouse to see if the place was “being watched”. Cst. Senior asked if they should go in “clean” or “heavy” and pointed at his gun. Cst. Senior even suggested carrying a baseball bat. UC1 suggested a “bullshit warrant”, but Cst. Senior disagreed as it would need to be printed and leave a “digital fingerprint”. (ASF#3, page 1581) Cst. Senior raised the idea that there might be security there and suggested that they have zip ties and rubber gloves. UC1 offered to take the product to his condo downtown. Cst. Senior stated, “I don’t know…there we go…now we have tentatively the rough skeleton of what we need to do”. (ASF#3, page 1585) They talked about the cost of cocaine and at what price and to whom they could “offload it” (ASF#3, pages 1586-7). They discussed getting someone to “keep six”. They discussed bringing suitcases and duffle bags. They described this as “Version 1.0”. UC1 said he was going to get the cash – referring to the cash for steroids. They agreed to meet at the station.

[179] They met back at the station later on in the day. From the conversation, it sounded like they were preparing a document in relation to meetings with Henry. UC1 gave Cst. Senior $400 for the steroids. (ASF#3, 1597) UC1 stated, “We gotta talk about that operational plan”, however, it appeared they continued to prepare the document they were working on. (ASF#3, page 1598) Again, UC1 stated, “let me know when you’re done that we gotta talk about this operational plan”. (ASF#3 1605) No further discussion of the warehouse took place that day.

[180] Cst. Senior texted Mr. Papoutsos at 11:21:17 a.m., “Grabbing the money, see you at the gym later this afternoon… around 4:30?” The subsequent text messages suggest that they met around 4:20 p.m. (ASF#3, page 2354)

[181] On Wednesday, September 19, 2018, the objective for UC1 was to discuss the warehouse plan, to try to meet the third party that Cst. Senior might bring into the plan, and also to discuss payments. As UC1 was walking into the station that day, Cst. Senior was walking out. According to UC1, Cst. Senior stated that he had UC1’s “stuff”, whereupon they agreed to meet for breakfast.

[182] The two went to the Big Sizzler. Prior to going into the restaurant, UC1 got into Cst. Senior’s truck. He pulled out a Ziplock bag and handed it to UC1. UC1 took the bag and put it in his pocket. The bag was a clear Ziplock bag, with “George” written in black sharpie. Inside were three liquid vials of steroids and a box of tablets. It was agreed in ASF#5 that these items were provided by Cst. Senior to UC1, who turned them over to D/Cst. Aaron Ladouceur, who turned them over to D/Cst. Roman Santos. No issue was taken with the accuracy of the Health Canada analyses as set out in the certificates attached to ASF#5. The products were determined to be controlled substances within the meaning of the Controlled Drugs and Substances Act as follows:

• CDSA Schedule IV 23. (22) Metandienone

• CDSA Schedule IV 23. An anabolic steroid namely, Testosterone enanthate

• CDSA Schedule IV 23. An anabolic steroid namely, Testosterone enanthate

• CDSA Schedule IV 23. An anabolic steroid namely, Nandrolone Decanoate

Cst. Senior stated that Henry had messaged him and that he had not gone to China. The conversation was captured on Device 1 2018-09-19 06-56-00 00013 20180919. (ASF#3, pages 1616-1625)

[183] Inside the Big Sizzler, Cst. Senior said that he talked to his “guy” and the person indicated that he could move small amounts, but if it was bigger, he would have to go “up the chain”. (ASF#3, page 1626) According to Cst. Senior, the price established between him and his contact was $32,000 per kilogram, even though Cst. Senior stated that the product was selling at $40,000 or $50,000 per kilogram. (ASF#3, page 1627) Cst. Senior advised that he committed to $32,000 for “this batch” and “we can always go up later”. (ASF#3, page 1627) Cst. Senior stated that if there was a lot, they could “piece it out”. UC1 expressed concern that they would be “holding on to it too long”. (ASF#3, page 1628) Cst. Senior confirmed that his contact knew he was a police officer but did not know who else was involved. (ASF#3, page 1630) They continued their discussion about their operational plan, refining the details in relation to the topics discussed earlier, such as silly string for the cameras, shopping for clothes and shoes, an escape plan in case things are “too squirrely”, and the need to bring duffle / gym bags. Cst. Senior asked, “are we going in hot….”, to which UC1 stated, “depends on the situation…”. (ASF#3, page 1632) Cst. Senior stated:

Yeah we need to build the plan now because def’ if it comes like today it’s time sensitive we need to fucking pitter-patter (ASF#3, page 1633)

[184] UC1 revisited the topic of surveillance, on which Cst. Senior agreed. UC1 asked if his guy could be there to take the drugs. Cst. Senior said that he did not want his guy there in case it went wrong – less people less liability. There was a discussion of whether the guy who takes the drugs would be the same as the guy to “keep six”. UC1 stated, “if there’s steel in there I don’t I don’t care he can take that I don’t want it I don’t want nothing to do with those”, in reference to the possibility of guns in the warehouse. (ASF#3, page 1644) UC1 told Cst. Senior that he could have access to two-way radios. UC1 suggested teaching Cst. Senior’s guy to do surveillance in order to meet him. (ASF#3, page 1647) They talked about scanner apps, wearing sweaters to hide “ink”, and gloves on top of rubber gloves, in case the rubber gloves rip. Cst. Senior suggested that if they go in “heavy”, they need to wash every bullet to be free from fingerprints. (ASF#3, pages 1649-50) They talked about what to do if there were guns inside – “take ‘em and dump ‘em somewhere and then call the snitch line”. (ASF#3, page 1650) They came back to the topic of steroids and dosage. Cst. Senior pulled up a WhatsApp conversation about dosage and the name on the WhatsApp conversation was “George”. They returned to the warehouse plan. Cst. Senior stated:

Yeah okay and then we’ll once we hammer out the rest of the plans we’ll well I’ll I’ll loop him in so you can meet him (ASF#3, page 1660)

[185] After leaving the restaurant, they came out to the parking lot and continued the conversation. They talked about things going wrong at the warehouse and that they would try not to engage. UC1 raised the idea of wearing the “inside carrier” (bullet-proof vest). (ASF#3, page 1666) They had a discussion about collecting from UC1’s cousins on the debt. UC1 referred to this plan as “Version 2.0”. (ASF#3, page 1668) UC1 suggested wearing track pants but Cst. Senior said it would be a problem carrying guns in track pants. They talked about picking up needles for steroid injections. They talked about getting a van. They parted ways.

[186] Just after 9:00 a.m., there was a text conversation between the two officers as follows:

RS: Henry says he will be back in town on Sunday and wants to meet

RS: He has info

RS: Saddle up

RS: Wake up!!!!

UC1: Ok

UC1: What’s the list of stuff wee need

UC1: I’ll add to it

RS: LOL

RS: I don’t remember

RS: Talk when I see you and we can try and remember

(ASF#3, page 291-2)

[187] They met back at 5COR. Upon leaving the station, they initially left in the same vehicle. They continued their conversation about needles. However, then decided to take separate vehicles to the mall to do foot patrol. When they met outside the mall, they continued to have a discussion about needles. The discussion was recorded on Device 1 2018-09-19 11-39-00 00014 20180919. Cst. Senior told UC1 how to inject. As they were walking through Best Buy, there was a drone display. UC1 suggested flying a drone in the warehouse area. Cst. Senior referred to the plan as Version “2.2”. (ASF#3, page 1702) They talked about needing a sweater, shoes, a vest, radios, and a mask / balaclava. They agreed to go to Walmart clothes shopping for “generic brand” on Friday. (ASF#3, page 1705) UC1 agreed to bring the drone and do a “test flight”. (ASF#3, page 1705) Cst. Senior was opposed to bringing the drone to work as “nothing gets done at work”. (ASF#3, page 1705) They again talked about cleaning the bullets. Cst. Senior stated that he was going to “see his guy on Thursday” and would arrange a meeting with the three of them. (ASF#3, page 1707) Cst. Senior stated that he had zip ties and talked about doubling them up, as in looping them together. UC1 referred to this plan as “final version 3.0”. (ASF#3, page 1711) They joked about bringing snacks. Cst. Senior suggested bringing a medical kit in case “shit goes sideways”. (ASF#3, page 1712) Cst. Senior also suggested bringing bleach in case someone gets cut as “it will fuck the DNA up”. (ASF#3, page 1712) They discussed where to go afterward, such as going downtown. They talked about getting rid of clothes or Cst. Senior suggested “recycle it for the next one”. (ASF#3, page 1714)

[188] On September 20, 2018, Cst. Senior and UC1 exchanged text messages about needing night-vision goggles or flashlights. UC1 stated that he had night vision goggles. In the messages, they also discussed meeting at Walmart on Friday afternoon at 1 p.m. UC1 also asked, “We meeting a new friend too?” in reference to the third party who would be assisting with the warehouse plan. Eventually Cst. Senior responded, “Let me see if they are around.” (ASF#3, pages 295-297)

[189] On Friday, September 21, 2018, around 1:00 p.m., Cst. Senior and UC1 met, off-duty, at the Walmart at the Markville Mall in Markham. The meeting was recorded on Device 1 2018-09-21 12-52-00 00015 20180921. Cst. Senior was already inside when UC1 arrived. He had already picked up some clothes. They went to the men’s clothing section together. Cst. Senior showed UC1 what he picked up. UC1 then picked up some items. Cst. Senior said he had been joking about the night-vision goggles but was serious about flashlights. He wanted to bring work flashlights, but UC1 pointed out that was risky. (ASF#3, page 1730) Cst. Senior explained that the third party would not be joining them at Walmart, and that he might have to go with “option B guy”, Mr. Vigliotti – “Lips”. (ASF#3, page 1736) UC1 suggested that they keep everything in a bag “until the day of.” (ASF#3, page 1739) Cst. Senior did not want to purchase zip ties in combination with the other items. UC1 stated that he had “cutters”. ( ASF#3, page 1742) They purchased hooded sweatshirts, silly string, cargo pants, two flashlights, water and a plush mask. UC1 paid for the items with cash. UC1 agreed that there was a lot of laughter and joking around at Walmart, however, he believed that Cst. Senior was serious about robbing the warehouse.

[190] After leaving Walmart, they walked back to Cst. Senior’s truck and put the items in the back seat. Cst. Senior then drove UC1 to his car. Cst. Senior expressed that Mr. Vigliotti would be “good to go” but was worried that YRP was watching Mr. Vigliotti. (ASF#3, page 1750) Cst. Senior said he had not “heard anything from Henry yet”. (ASF#3, page 1752) UC1 then put the items in his car.

[191] On Sunday, September 23, 2018, Henry was brought back into the investigation. He met with his handler and reviewed the text messages that had been exchanged in order to catch up. He had earlier suggested to Cst. Senior that they would be graduating to warehouses and his objective was to provide some information in this regard.

[192] On that day, UC1 and Cst. Senior exchanged text messages. Starting at 6:55:55 a.m.:

RS: H wants to meet today

RS: At 6 pm

RS: I am thinking east beaver creek baton Rouge

RS: Or earls I Woodbridge

RS: And I am going to push it back to 7 pm

(ASF#3, 300)

There was no response from UC1. Commencing at 10:45:59 a.m., Cst. Senior sent further message:

RS: Wake up

RS: Rise and shine

RS: Hello

RS: Ola

RS: 125 YORK BLVD, RICHMOND HILL, ON, L4B3J6

RS: 3 brewers

RS: Meet for 7 pm

(ASF#3, 300)

Finally at 5:20:05 pm, UC1 responded:

UC1: Hey bro

UC1: I just picked up the kids

UC1: What you doing

A short time later, Cst. Senior replied, “I guess I am going to meet Henry on my own”.

(ASF#3, 300-1)

[193] On that day, September 23, 2018, Cst. Senior met Henry at 3 Brewers Pub. This conversation does not appear to have been recorded. According to Henry, at the beginning of this meeting, he complemented Cst. Senior on his physique.