R. v. Bailey-Ricketts, 2023 ONSC 4721

COURT FILE NO.: CR-23-10000334-0000 and 23-30000276-0000

DATE: 20230817

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

HIS MAJESTY THE KING

– and –

Vito BAILEY-RICKETTS

Glen Crisp, Adam Schultz and Daniel MacAdam, for the Crown

Mark Hogan, for Vito Bailey-Ricketts

HEARD: May 8, May 9, May 10, May 11, May 12, May 16, May 17, May 18, May 19, May 23, May 24, May 26, May 29, May 30, May 31, June 1, June 2, June 5, June 6, June 7, June 8, June 12, June 15, June 16, June 19, June 20, June 21, June 22, June 26, June 27, June 28, June 29, July 11, and July 12, 2023

g. roberts, j.:

1Vito Bailey-Ricketts stands charged with instructing a person to traffic for the benefit of, or at the direction of, or in association with, a criminal organization, and trafficking for the benefit of or in association with a criminal organization, in the spring of 2020. Mr. Bailey-Ricketts was also charged with possession of cocaine and fentanyl for the purpose of trafficking, and possession of proceeds of crime, in relation to drugs and cash found when he was arrested on April 21, 2020, and on May 7, 2020. It is the Crown’s position that the Eglinton West Crips, hereafter referred to as the EWC, is the criminal organization in question.

2The Crown alleges that in the spring of 2020 Mr. Bailey-Ricketts was involved in selling drugs in Thunder Bay, where he could sell for higher prices than in Toronto. He did so with the assistance of the EWC, which is a criminal organization, of which he is a leader or high-ranking member. He was assisted in these activities by other members or associates of the EWC, namely Ammaan Charley, Carlton Jones, and KG (a young person), who helped Mr. Bailey-Ricketts earn money both for himself and for them, and helped protect the EWC’s share of the lucrative drug market in Thunder Bay. Mr. Jones was in Thunder Bay from March 9 to 20, 2020; Mr. Charley and KG drove to Thunder Bay and dropped Jose Lopez-Valencia on March 29, 2020; and KG drove north with Ms. Dittmer and Mr. Bailey-Ricketts on April 21, 2020.

3Defence counsel ultimately conceded that Mr. Bailey-Ricketts was selling cocaine in Thunder Bay (but not fentanyl), and that the EWC was a gang, and but forcefully argued that there was no evidence that the EWC was a criminal organization, or, if it was, that Mr. Bailey-Ricketts was a member. What was going on here was simply “sporadic, temporary, ad hoc” assistance of Mr. Bailey-Ricketts. At its highest it was a simple conspiracy to sell cocaine in Thunder Bay, certainly not concerted action pursuant to a criminal organization.

4The specific counts Mr. Bailey-Ricketts faces are set out in Appendix A. The trial began with Mr. Bailey-Ricketts being jointly tried with Mr. Charley and Jose Lopez-Valencia. Mr. Lopez-Valencia was severed at the outset when he fired his lawyer on the first day of trial (for reasons given in court on May 9, 2023). Mr. Charley was severed after six weeks of trial when he fired his lawyer (for reasons given in court on June 16, 2023).

5The Crown relied on various sources of evidence to prove that the EWC was a criminal organization, Mr. Bailey-Ricketts was a member, and that he committed the offences set out in the indictment. The evidence included the following:

• officers with years of experience policing in 13 Division (Det Jason Benoit and DC Chris Garganis), in multiple roles, including investigating major crime and de-briefing people involved as victims and accused;
• social media associated with individuals police believed to be associated with the EWC (including photographs and videos posted on Instagram and YouTube);
• covert camera surveillance of locations police believed to be associated to the EWC (including the High Life restaurant at 1741 Eglinton Ave West and 568 Lauder Avenue in Toronto, and 369 Syndicate Avenue North in Thunder Bay);
• physical surveillance, often performed by multi-jurisdictional teams, and often conducted in conjunction with intercepted communications, and often supported by photographs taken by surveillance officers;
• intercepted communications (ruled admissible by Justice Code in an omnibus pre-trial ruling reported as R. v. Brian McPherson and 49 Others, 2023 ONSC 232), including telephone, text and a vehicle probe inside the BMW associated to Mr. Bailey-Ricketts;
• tracking devices (including on the BMW associated to Mr. Bailey-Ricketts) and location-based data associated to the devices being intercepted;
• searches of people and places during project Sunder and resulting seizures;
• expert opinion evidence about the meaning of some of the words in the intercepted communications, including Patois (Elizabeth Allen), coded language and street slang for firearms (DS Kerr), and drug language and common weights and pricing (Det Duffus).

6Mr. Bailey-Ricketts did not testify or call any evidence.

7I will not summarize all the evidence. It was voluminous. The Crown called 56 witnesses, and played over 250 intercepted telephone calls, some very lengthy. The defence took the position that the Crown had to prove everything, including objecting to the Crown leading narrative from surveillance officers, resulting in the Crown calling each individual officer involved in a piece of surveillance, and me hearing about the same event over and over and over again (up to nine times in relation to a single event). The only admissions related to voice identification and the accuracy of the location-based data associated with the devices being intercepted, both of which came at 10 am as the Crown was about to call the relevant evidence (to be fair to defence counsel, counsel for Mr. Charley was also involved in the case at the relevant time).

8The landscape changed dramatically with the receipt of the defence written submissions (exhibit 71). Defence counsel took the position that the Crown had “met its onus with respect to charges 20, 21, 25, 26 and 27”, conceding that Mr. Bailey-Ricketts trafficked in cocaine, and possessed the drugs found in Ms. Dittmer’s sweater during the April 21, 2020 arrest for the purpose of trafficking. Thus the issues narrowed to whether Mr. Bailey-Ricketts was also in possession of the larger quantity of fentanyl and cocaine found in KG’s bag during the April 21, 2020 arrest, whether he trafficked in fentanyl in Thunder Bay, and whether he instructed another (Mr. Jones and/or KG) to traffic a controlled substance for the benefit of, at the direction of, or in association with, a criminal organization, and whether he trafficked a controlled substance for the benefit of, or in association with, a criminal organization.

9The counts all relate to the same time period and general alleged wrong doing – Mr. Bailey-Ricketts trafficking cocaine and fentanyl in Thunder Bay with the assistance of or for the benefit of the EWC. The Crown has charged this activity in multiple ways, which I accept are technically distinct, and the same evidence is relevant to more than one count, thus the normal requirement to keep the evidence on counts distinct does not apply: R. v. Baksh, 2022 ONCA 481.

10My first step was to arrive at a chronology of events and related facts I found established. In order to try to keep these reasons readable, I have put this chronology at the end of these reasons as Appendix B. But this does not mean these facts are not important. They are a crucial part of my reasons for judgment. In the chronology, the police observations include what was seen through the covert cameras and during live surveillance. Unless otherwise indicated, the observations are in Toronto. The intercepted calls and texts are in italics. The intercepted communications noted in the chronology almost all involve Mr. Bailey-Ricketts, thus are directly admissible against him. The only exception is a handful of calls relating to KG’s involvement in Mr. Bailey-Ricketts’s Thunder Bay drug trafficking operation. The Crown has overwhelmingly established that Mr. Bailey-Ricketts’s Thunder Bay drug trafficking operation involved a conspiracy including at least Mr. Bailey-Ricketts, Mr. Charley, Mr. Jones, and KG. The additional calls I have included are all in furtherance of this specific conspiracy. In have put these additional intercepted communication in italics and underlined them.

11I review additional relevant evidence as necessary when I analyze the issues.

Fundamental over-arching legal principles

12Before I address the issues in this case, I want to emphasize two essential legal principles that ground my entire approach to this case: the presumption of innocence and the burden on the Crown to prove the charges, including every essential element, beyond a reasonable doubt. Mr. Bailey-Ricketts is securely cloaked in the presumption of innocence. This cloak cannot be removed unless and until the Crown discharges its high burden of proving every essential element of the offences charged beyond a reasonable doubt. In the context of a case like this which relies on circumstantial evidence, the correct application of this high burden of proof means that I must be satisfied that Mr. Bailey-Ricketts’s guilt is the only reasonable inference that can be drawn in all the circumstances. In considering whether this high standard has been met, I must be mindful of the following:

• The danger of unconsciously “filling the blanks” or “bridging the gaps” in the circumstantial evidence, and jumping to unwarranted conclusions. It is human nature to look for stories to explain events; I must be careful that I am not filling in or skipping over doubt in doing so.
• All the evidence must be considered in determining what inferences may reasonably be drawn. The fact that a piece of evidence, considered alone, is open to an innocent explanation, is not determinative, and not the proper approach. An individual item of circumstantial evidence is a building block, “not the final product”. All the evidence must be considered, together, including its cumulative effect: R. v. Uhrig, 2012 ONCA 470, at para.13; R. v. Hudson, 2021 ONCA 772 at para.70.
• A reasonable doubt may arise from the evidence, or the absence of evidence.
• Alternative inferences must be reasonable, not merely conceivable or possible.

13All this to say, in order to convict Mr. Bailey-Ricketts of any of the charges he faces, I must be satisfied that the circumstantial evidence, assessed logically and in totality, in light of human experience, excludes any other reasonable alternative other than guilt. If there is a reasonable inference or conclusion other than guilt, the Crown will not have met its burden of proving the case beyond a reasonable doubt: R. v. Villaroman, 2016 SCC 33.

Analysis of the essential issues in this case, beginning with was Mr. Bailey-Ricketts in possession of the drugs found during the arrests on April 21, 2020?

14There is no issue that the cocaine and fentanyl found during the arrests on April 21, 2020 were possessed for the purpose of trafficking. Given the circumstances (drugs being carried north), the amounts, the presence of digital scales, packaging bags and plastic gloves, there can be no doubt about this. Similarly, there is no issue that the cash Mr. Bailey-Ricketts had was proceeds of crime.

15Defence counsel also acknowledged that Mr. Bailey-Ricketts was in joint or constructive possession of the drugs found in Ms. Dittmer’s sweater pocket, and that Mr. Bailey-Ricketts had control over the BMW. Again, there can be no doubt about either conclusion. Surveillance, intercepted communications and the timing, location and what was found make both conclusions incontrovertible. Ms. Dittmer drove Mr. Bailey-Ricketts to his drugs deals in Thunder Bay, and conducted them in his absence, both at his explicit direction. On one such call, Mr. Bailey-Ricketts asked her if she still had “work” in the sweater pocket [work being a term for drugs], suggesting both that she was in the practice of storing drugs in this location, the very place drugs were found when she was arrested on April 21, 2020, and that Mr. Bailey-Ricketts knew this.

16The issue is whether Mr. Bailey-Ricketts was also in joint or constructive possession of the drugs found in KG’s bag (approximately 65 g of fentanyl and 60 g of cocaine).

17Section 4(3) of the Criminal Code defines possession to include personal possession and constructive possession (involving another person or place), and provides that both forms of possession may be joint. (This definition is applicable to the Controlled Drugs and Substances Act (CDSA) by virtue of s.2(1).) All forms of possession require knowledge and control: R. v. Morelli, 2010 SCC 8, [2010] 1 S.C.R. 253, at para. 15; R. v. Pham (2005), 2005 CanLII 44671 (ON CA), 77 O.R. (3d) 401 (C.A.), at paras. 15-16, aff’d 2006 SCC 26.

18Constructive possession is established where an accused does not have physical custody of the item in question, but knowingly has it in the actual possession or custody of another person or has it in any place for their own or another’s benefit: Criminal Code s.4(3)(a); Morelli, at para.17; R. v. Lights, 2020 ONCA 128 at para.47. In other words, constructive possession is complete when an accused:

i. has knowledge of the character of the object;

ii. knowingly puts or keeps the object in a particular place, irrespective of whether the place belongs to the accused; and

iii. intends the object be for anyone’s benefit, including that of the accused: Morelli, at paras. 15, 17.

19I am satisfied that the only reasonable conclusion I can reach in all the circumstances of this case is that Mr. Bailey-Ricketts knew about the drugs in KG’s bag, and had control over them. These circumstances include the following:

• KG and Mr. Bailey-Ricketts were both drug dealers. This is now admitted with respect to Mr. Bailey-Ricketts. KG was captured on the intercepts and covert camera dealing drugs (see for example exhibit 8-5 and the related evidence). They knew each other directly. They were also connected indirectly through Mr. Charley, who was close to both Mr. Bailey-Ricketts and KG. (I do not need to rely on the intercepts for the truth of their contents to be satisfied of this – the timing and number of calls alone demonstrate it, but some of the calls directly admissible against Mr. Bailey-Ricketts also demonstrate both connections.) Mr. Bailey-Ricketts was senior to KG in the drug-dealing hierarchy, at a minimum in the sense that he was 15 years older than KG (KG was 17 upon arrest and Mr. Bailey-Ricketts was 33). There were also calls involving Mr. Bailey-Ricketts, thus directly admissible against Mr. Bailey-Ricketts, about communications with KG about drug matters, including communications in the time period leading up to April 21, 2020:
  • On March 28, 2020, in a call with Mr. Charley beginning at 11:21 am, Mr. Bailey-Ricketts stated that he knows how “F” [who the intercepts establish is KG] operates, and F could be given the job of getting “CB”… “c-bizzy”, and Mr. Bailey-Ricketts would send F money. It is unclear to me exactly what CB or c-bizzy is (the drug expert Det Duffus was not sure) but considered in context I believe it is drug-related.
  • On April 14, 2020, in a call beginning at 10:24 am, Mr. Charley and Mr. Bailey-Ricketts discuss meeting up with KG to discuss the “game plan”.
  • In a call on April 18, 2020, at 6:24 pm, Mr. Bailey-Ricketts noted he spoke to “F” early in the morning.
• KG attended 568 Lauder, Mr. Bailey-Ricketts grandmother’s home (and Mr. Bailey-Ricketts’s former home as shown in the MTO records) on the evening of April 20, 2020, before beginning the journey north with Mr. Bailey-Ricketts and Ms. Dittmer on April 21, 2020. He ordered at taxi to 568 Lauder at 10:51 pm; and LBS data put him in the vicinity of 568 Lauder around that time. LBS data also put Mr. Bailey-Ricketts in the vicinity of 568 Lauder around the same time.
• The fentanyl in KG’s bag was the same colour as the fentanyl in Ms. Dittmer’s sweater (which Mr. Bailey-Ricketts has ultimately admitted was his). While Det Duffus testified this was a common colour, it is not the only colour.
• Mr. Bailey-Ricketts used the name Kevin or Kev when trafficking drugs in Thunder Bay. KG also used the name Kevin or “Kevin’s brother Casey” when trafficking drugs in the north (on an initial call to 416-795-1901 where he used the name Kevin he was in Sault Ste Marie; on a later call with the same number he referred to himself as Kevin’s brother Casey).
• KG took over the telephone number previously used by Mr. Jones, who trafficked drugs with Mr. Bailey-Ricketts in March of 2020. In March and April of 2020 Mr. Jones used 647-677-9079. KG used 647-383-8610 and then 416-795-1901 in March and April of 2020. By September of 2020 KG was using Mr. Jones’ old number, 647-677-9079.
• It is apparent from the Thunder Bay drug calls preceding the arrest, that “dizz”, which Det Duffus (the drug expert) defined as heroin, or heroin mixed with fentanyl, was in demand, and Mr. Jones and Mr. Bailey-Ricketts needed it.

20In the totality of circumstances, I am satisfied beyond a reasonable doubt that Mr. Bailey-Ricketts was in joint or constructive possession of the substantial quantities of cocaine and fentanyl KG had in his bag. Mr. Bailey-Ricketts required both substances for his Thunder Bay drug trafficking operation. There will be findings of guilt on counts 23, 24, and 25.

Did Mr. Bailey-Ricketts traffic cocaine?

21Defence counsel concedes that the Crown has proven beyond a reasonable doubt that Mr. Bailey-Ricketts trafficked cocaine, and was in possession of the cocaine found during the searches on May 7, 2020 for the purpose of trafficking, and that the cash found during the search on May 7, 2020 was proceeds of crime. Surveillance, Mr. Bailey-Ricketts’s calls and texts, and the timing, location and what was found during the searches on May 7, 2020, make these conclusions incontrovertible (see Appendix B for details). There will be findings of guilt on counts 20, 21, 25, 26, and 27.

Did Mr. Bailey-Ricketts traffic fentanyl?

22Given that the charge of trafficking fentanyl (count 22) specifies “the north region”, the Crown fairly takes the position that Mr. Bailey-Ricketts’s fentanyl trafficking rests on his drug selling in Thunder Bay between March 6 and May 7, 2020, and does not include transporting the fentanyl found during the roadside arrest on April 21, 2020 (though this is an important piece of circumstantial evidence in support of the trafficking allegation).

23The law of trafficking is well-settled and uncontroversial as between the parties. In order to prove that Mr. Bailey-Ricketts trafficked in fentanyl, I must be satisfied beyond a reasonable doubt that Mr. Bailey-Ricketts trafficked in fentanyl, knowing the substance was fentanyl, and intending to traffic in it.

24Trafficking is broadly defined in s.2(1) of the CDSA and includes to sell, administer, give, transfer, transport, send or deliver. In this case, however, as I noted, based on how the indictment is drafted, the Crown does not rely on transporting drugs as trafficking, but rather takes the position that the trafficking involved selling fentanyl in Thunder Bay between March 6 and May 7, 2020. Sell is also broadly defined in s.2(1) of the CDSA and includes to offer or expose for sale or have a thing in possession for sale and to distribute. It does not matter whether money or anything else of value actually changes hands, as long as the accused possessed the fentanyl and provided it, or offered to provide it to someone else.

25Detective Duffus was qualified, on consent of the defence, as an expert in “The modus operandi of those who possess and/or traffic in cocaine, heroin, fentanyl, crystal methamphetamine, and oxycodone (and any derivatives of these substances) including the production, distribution, quantities, use, quality, purity, pricing, proceeds, paraphernalia and packaging relating to the above substances as well as the structure, hierarchy, roles, locations, weapons and terminology of those individuals and groups that engage in the above noted activities.” As noted, Det Duffus testified that “dizz” means heroin, or heroin mixed with fentanyl, but explained that the state of the market in illegal drugs is such that if you ask for heroin you will get fentanyl. Fentanyl is more powerful than heroin and is inevitably added to heroin so that the heroin may be diluted or “stepped on” and still remain potent. Det Duffus agreed it was possible that if you asked for heroin you could get just heroin, but he believed that this would be “very rare”. The prices of heroin and fentanyl are similar at the street level, as are the amounts that both drugs are generally sold in. Both are sold in 0.1 gram or “point” increments at the street level.

26Relying on R v. Donison, 2021 ONSC 2297, defence counsel forcefully argued that because Def Duffus acknowledged it was possible that “dizz” sold was pure heroin, I could not be satisfied beyond a reasonable doubt that the “dizz” sold in this case was fentanyl, or contained fentanyl mixed with heroin.

27Mr. Donison and others were charged with trafficking heroin in the spring of 2018. An expert testified that, beginning in 2018, fentanyl began to replace heroin on the illegal drug market. By 2019 fentanyl had largely replaced heroin on the illegal drug market. Both drugs were sold in similar amounts and for similar prices, and, for some of the accused (but not Mr. Donison), Justice Schreck found that he could not always distinguish what was being sold based on the language and amount and pricing in intercepted calls. Where that was the case, he could not be satisfied beyond a reasonable doubt that it was heroin that an accused was selling, and not fentanyl.

28This case is different, however. The language of the intercepted calls is only one piece of the puzzle. When I consider all the evidence in totality, as I must, I am satisfied that the only reasonable inference I can draw is that Mr. Bailey-Ricketts was trafficking in fentanyl in Thunder Bay during the time period set out in the indictment. These circumstances include the following:

• Both before and after April 21, 2020, Mr. Bailey-Ricketts was receiving requests for “dizz”, including in amounts and prices consistent with both heroin and fentanyl, for example:
  • On March 16, at 1:08 pm Mr. Bailey-Ricketts and Mr. Jones discuss getting dizz and how competing trap houses (“trizzies”) were dealing with the “dizz” so as to make money, and how they need “dizzle” (Vol.III, item 21).
  • On April 16, at 3:21 pm, Mr. Jones advised a buyer who wanted “dizz” that “everybody needs that” (Vol.VIII, item 4). While this is not a statement by Mr. Bailey-Ricketts, I believe I can consider it for the truth pursuant to the co-conspirators exception to the rule against hearsay. Based on my findings of fact set out in Appendix B, I am satisfied beyond a reasonable doubt that Mr. Bailey-Ricketts was leading a drug-trafficking operation in Thunder Bay, that involved at least himself, Mr. Charley, Mr. Jones and KG. I am satisfied that this statement was in furtherance of this common unlawful purpose. It provides circumstantial evidence that there was a demand for dizz.
  • Mr. Bailey-Ricketts has a number of texts and conversations with Al on May 7, 2020 about “dizz”, specifically three points for $100 (Vol.X, items 8,9). Det Duffus testified that heroin and fentanyl were generally sold at the point or 0.1 gram level. The price in Toronto was $20 a point, but prices were higher outside Toronto, and also during the pandemic. Given the location and time period, I find this pricing and amount consistent with fentanyl, or heroin and fentanyl, or heroin. I am satisfied that this conversation was about selling heroin and/or fentanyl.
• Det Duffus’ evidence that the state of the illegal drug market is such that if you ask for dizz, you will get fentanyl, or heroin mixed with fentanyl. It would be “very rare” to get pure heroin.
• Mr. Bailey-Ricketts was found in joint or constructive possession of a significant quantity of heroin mixed with fentanyl during the arrest on April 21, 2020. He was not found with any pure heroin.
• When Mr. Bailey-Ricketts, Ms. Dittmer, and KG were arrested on April 21, the large quantity of heroin mixed with fentanyl (over 65g) was in a bag that also contained disposable plastic gloves, a digital scale, and ziplock baggies. When Mr. Bailey-Ricketts and Ms. Dittmer were arrested on May 7 with what appeared to be fentanyl in the foot well of the front passenger side seat (but which tested as cocaine), they had a box of disposable plastic gloves in the foot well of the rear passenger side seat in the BMW. The uncontroverted expert evidence was that fentanyl is almost invariably added to heroin to boost its potency. The presence of plastic gloves together with drugs and other drug paraphernalia suggest safety precautions were taken in handling a drug. This in turn suggests knowledge of a need for safety precautions due, for example, to the particular potency of a drug such as fentanyl.

29I do not rely on Mr. Jones’s statement to Bryan Herrington on March 16, 2020 that he does not “half up the dizzy” anymore because they ran out (Vol.III, no.20). I do not believe that this statement is in furtherance of the common unlawful purpose that is Mr. Bailey-Ricketts’s Thunder Bay drug trafficking program. Instead, Mr. Jones and Mr Herrington seem to be chatting, and discussing pursuing their own drug program (perhaps under the umbrella of the EWC or perhaps not).

30In sum, in all the circumstances, I am satisfied beyond a reasonable doubt that Mr. Bailey-Ricketts was trafficking in fentanyl during the time frame in the indictment. It follows that there will be a finding of guilt on count 22.

Did Mr. Bailey-Ricketts conduct his drug trafficking in Thunder Bay for the benefit of or in association with a criminal organization?

31There are two ways of committing this offence: trafficking for the benefit of a criminal organization, or trafficking in association with a criminal organization. To traffic for the benefit of a criminal organization, Mr. Bailey-Ricketts must be aware of the existence of the criminal organization, and that one of its main purposes or activities was the facilitation or commission of the offence of trafficking. Second, Mr. Bailey-Ricketts’s own acts of trafficking must have been for the benefit of the EWC. He must intend for the benefit to occur. The most obvious benefit of drug trafficking is financial benefit, but there may be other benefits such as maintaining or protecting territory or market share. Even though Mr. Bailey-Ricketts directly benefits from his trafficking, if one or more members or associates of the EWC also benefits from the trafficking, and Mr. Bailey-Ricketts knew and intended this, this is sufficient to make out the offence.

32In order for Mr. Bailey-Ricketts to have trafficked in association with a criminal organization, he must have done so knowing that he was trafficking in connection with the criminal organization, aware that trafficking, or facilitating trafficking was one of its main purposes or activities. He need not be a member of the criminal organization, and the criminal organization need not be directly involved in his trafficking, as long as Mr. Bailey-Ricketts trafficked in association with one or more other persons that he knew to be members or associates of the criminal organization, and their membership or association assisted him in his trafficking.

Is the EWC a criminal organization?

33The Crown relies on the large body of evidence called in this case (as I listed by category at the outset) to demonstrate that the EWC was a gang in Toronto which met the definition of a criminal organization, and Mr. Bailey-Ricketts conducted his drug trafficking in Thunder Bay in association with the EWC, specifically relying on the assistance of people associated with the EWC (namely Mr. Charley, Mr. Jones and KG).

34Defence counsel acknowledged in his oral closing argument that the EWC was a gang in Toronto, but argued that, without expert evidence, the Crown fell short of proving that it met the conditions necessary to be found to be a criminal organization. Even if the Crown did prove this, however, the Crown did not prove that Mr. Bailey-Ricketts trafficked for the benefit of or in association with the EWC, and not simply as part of an ad hoc conspiracy of friends or acquaintances who helped with his Thunder Bay drug trafficking.

35A criminal organization is defined in s.467.1(1) of the Criminal Code as a group, however organized, that

(a) is composed of 3 or more persons in or outside Canada; and

(b) has as one of its main purposes or main activities the facilitation or commission of one or more serious offences that, if committed, would likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group or by any of the persons who constitute the group.

It does not include a group of persons that forms randomly for the immediate commission of a single offence. A “serious offence” means an indictable offence under this or any other Act of Parliament for which the maximum punishment is imprisonment for five years or more, or another offence that is prescribed by regulation.

36The definition must be applied “flexibly” having regard to the purpose of the legislation “to identify and undermine groups of three or more persons that pose an elevated threat to society due to the ongoing and organized association of their members.” There is no checklist, or model for what a criminal organization looks like. Nonetheless, some form of structure and degree of continuity is required to distinguish criminal organizations from other groups of offenders who sometimes act in concert (such as pursuant to a conspiracy), and invoke the exceptional regime of the organized crime provisions in the Criminal Code. All evidence relevant to the determination must be considered: R. v. Abdullahi, 2023 SCC 19; R. v. Venneri, 2012 SCC 33; R. v. Beauchamp, 2015 ONCA 260.

37While the Supreme Court in Venneri emphasized that there are no necessary conditions, it noted that circumstances such as territoriality, hierarchy, exclusive membership and violence are stereotypical hallmarks of a criminal organization: Venneri, at paras. 36-38; R v Saikaley, 2017 ONCA 374 at para.20. Further, it identified the following sorts of general factors as relevant to what permits organized criminal entities to operate and thrive:

• Working collectively, specialization and division of labour;
• Fostering trust and loyalty within the organization;
• Sharing customers, financial resources, and insider knowledge;
• Developing a reputation for violence

38In applying the required approach to the evidence in a case, it is essential not to “conflate the legal requirement for a criminal organization to be structured and continuous with the flexibility needed to conduct the factual assessment in the circumstances in each case”. Criminal organizations are “opportunistic and adaptive” and may not fit “stereotypical models of organized crime” thus the definition must be applied flexibly. But flexibility in terms of form of structure, and degree of continuity does not diminish the importance of these features: “the group must have structure and continuity to give rise to the sort of enhanced threat to society that Parliament has sought to combat, bearing in mind the differences from other groups of offenders such as conspirators.” In addition, in the particular circumstances of this case, where the EWC is focused on a neighbourhood, and arguably a demographic, when I look for structure and continuity, I must be careful not to draw improper inferences from “shared characteristics such as ethnicity, cultural background, neighbourhood, religion, language, or dialect.” Such characteristics may show a common social or cultural identity among a group committing offences, but “are irrelevant in identifying the existence of a criminal organization”: Abdullahi, paras. 81-86.

39Defence counsel argued that the Crown cannot meet its high burden of proving that the EWC is a criminal organization because it did not call any expert evidence about the EWC and its operations.

40I do not agree that there is an evidentiary gap in this case because there was no expert evidence specifically about the EWC and its operations. As noted above, the Crown called voluminous evidence in this case, from a variety of sources, including experts who testitifed about the meaning of certain Patois words or expressions (Elizabeth Allen), the meaning of slang or coded language for firearms (Det. Serg. Steven Kerr), and the meaning of slang terms for common street drug, and common amounts street drugs were sold in and the related pricing (Det. Richard Duffus). By the end of the evidence, there could be no doubt that the EWC existed as a gang in Toronto; defence counsel conceded as much in final argument. The essential issue was whether the Crown proved that the EWC had the necessary structure and continuity to amount to a criminal organization. This is an ultimate question of mixed law and fact for the trier of fact.

41Defence counsel also attacked the credibility and reliability of the evidence of DC Chris Garganis, and the admissibility of a small portion of his evidence. I do not accept the defence complaints.

42DC Garganis began to assist with project Sunder in December 2019, providing information about the EWC, reviewing social media, and footage from the covert cameras, and identifying individuals he recognized. DC Garganis spent six years (May 2014 to December 2019) working in 13 Division (bounded by Lawrence Avenue West; the train tracks west of Caledonia; the train tracks between Davenport and Dupont; and Spadina and Bathurst south of St. Clair): two years in primary response; two years in community response; and two years in major crime. Based on his knowledge and experience, he knew the EWC to be a gang focused on the general area of Dufferin and Eglinton Avenue West. DC Garganis testified, without objection, that he derived his knowledge about the EWC and the people he believed to be members or associates from the following sources:

• His experience meeting people in the division. He interacted with community members daily.
• His experience in community response. Most of the violent crime in the division stemmed from gang activity and was directed towards gang members. He estimated that about half of the robberies he investigated were linked to gangs.
• When he was in major crime, part of his job involved debriefing people who had been arrested. When he did so, he tried to have a genuine conversation and learn what was happening on the street, including what gangs existed in the area. He estimated that he debriefed somewhere between 50 and 100 people after their arrest.
• He spoke with his fellow officers daily, and there were weekly meetings to share information with different units in the division. In 2017 to 2018 the number of shootings in the division increased 300% which stemmed from a rivalry between the EWCs and the Vaughan Road Bloods (VRB) or VO (Vaughan and Oakwood).
• He received information from confidential sources.
• He checked social media daily, including public accounts on Instagram, YouTube, FaceBook, to see what was going on in the division.
• He reviewed surveillance photographs.
• He estimated he was involved in close to 100 investigations involving gangs.
• He personally arrested about 25 alleged gang members, either from the EWC or the VRB.

43DC Garganis confirmed that the images from the covert cameras were accurate based on his experience. The locations of the covert cameras included the front and back of the area of the High Life Restaurant at 1541 Eglinton Avenue East, and the front area of 568 Lauder Avenue. DC Garganis knew the High Life restaurant to be a “regulars” bar where members of the EWC gathered and hung out. He recognized Mr. Bailey-Rickets at the High Life restaurant on numerous occasions (see exhibit 8-2):

• On August 20, 2019, Mr. Bailey-Ricketts was with a large group of people, many of whom DC Garganis recognized, including KG and Mr. Jones, in the alley next to the High Life prior to the apparent filming of a video (described in greater detail in the chronology of facts at Appendix B).
• On September 5, 2019, at 10:42 pm, Mr. Bailey-Ricketts arrived at the High Life and was greeted by Chavin Roberts and Kenyon Cabral.
• On the evening of September 6, 2019, and into the next morning, Chance Allick, Adrian Skeete, Mr. Bailey-Ricketts, Andrew Bridgeman-Holder, Chavin Roberts, Brian Herrington were at the High Life.
• On September 9, 2019, Mr. Charley came out of the High Life and met Chance Allick and Mr. Bailey-Ricketts in the laneway beside the restaurant.
• On October 11, 2019, at 1:27 pm Mr. Herrington arrived at the High Life and greeted Mr. Bailey-Ricketts on the front porch.

44DC Garganis noted that many of the Instagram accounts he reviewed referred to the Y3G and the A2A. He believed that these acronyms stood for the goonies or Young Eglinton Goonies and Addicted to Avenue or Always too Active, but he was not certain. He believed these groups to be younger subsets of the EWCs. This latter belief is well-supported by the evidence. These same Instagram accounts also identify with the EWC, including its hand signs, colour, territory, and associates. The intercepted communications show people affiliating with A2A also affiliated with the EWC. One of Javonte Reid’s passwords vividly demonstrates the connection: A2A-YEG-EWC.

45DC Garganis’s evidence did not attract objection until he was asked about certain signs and terms found in social media, namely a hand sign, the word C-Day and the word “UpTop” in the context of the Instagram post “we from UpTop Eglinton” on Jamar Brown’s Instagram account. While I found this evidence close to the “fuzzy line” between expert evidence and factual evidence Justice Nordheimer described in R. v. FO, 2016 ONSC 724, I concluded that DC Garganis’ knowledge and experience with gangs in 13 Division qualified him to testify about the meaning of the hand signs, C-Day and UpTop as matters of fact. But to the extent that the Crown wanted me to hypothesize from the hand sign, or these particular terms, expert evidence would be required. I stand by my ruling. At the end of the day, however, whether or not I was correct is of no moment as I do not need to rely on the specific meaning of these things to conclude that the EWC is a gang, using particular hands signs, colours and terms, and associated with a particular territory.

46Defence counsel also urged me to find that DC Garganis was not credible or reliable on two bases. First, the fact that DC Garganis’s described an encounter with Mr. Charley as an “interaction” when Mr. Charley did not respond to DC Garganis. DC Garganis explained that he identified Mr. Charley based on his knowledge of investigations in 13 Division, and also based on an interaction where Mr. Charley was standing on the front porch of the High Life while DC Garganis was investigating a break and enter complaint. DC Garganis spoke directly to Mr. Charley, but Mr. Charley did not respond. I do not agree with defence counsel that this was not an interaction because Mr. Charley did not respond. In the context DC Garganis described, where he spoke directly to Mr. Charley, Mr. Charley’s non-response is a form of response. I do not believe DC Garganis’s use of the word interaction to describe what happened reflects negatively on his credibility or reliability.

47Second, defence counsel complained that DC Garganis became defensive when pressed about how he could identify Mr. Bailey-Ricketts in the Chance Allick rap video. Unlike Mr. Charley, DC Garganis had never had any personal interaction with Mr. Bailey-Ricketts. He based his identification of Mr. Bailey-Ricketts in surveillance and social media on his knowledge of investigations in the division, discussion with other officers, and direct and indirect information source information. After he made his identification, he confirmed it with the police photograph he added to his report. He agreed that this photograph was taken in January 2015, so was almost five years old at the time he referred to it in December 2019. When he was asked in cross-examination how the profile images included with the Chance Allick video (EX 10-7) helped him identify Mr. Bailey-Ricketts, he added, for the first time, that he also had access to profile photographs of Mr. Bailey-Ricketts in police possession.

48I agree that DC Garganis became defensive while being cross-examined about how he could identify Mr. Bailey-Ricketts in the Chance Allick video. But I am mindful that this happened after DC Garganis had been testifying for the better part of a week, much of it in cross-examination, and he looked exhausted during this exchange. It was also the only blemish in what was otherwise admirably clear and well-documented evidence. It does not cause me to question DC Garganis’s credibility or reliability in general. Even if it did, however, DC Garganis was essentially a conduit for the introduction of surveillance footage (see for example exhibit 8) and social media postings on Instagram and You Tube (exhibits 9-10), evidence which is unaltered by any wobble on his part.

49As noted, by the end of the trial, there was no issue that the EWC was a gang based in 13 division along Eglinton between about Oakwook Road to the east and Old Weston Road to the west (see exhibit 11). Instagram accounts and rap vidoes of people associated with the gang showed it associated with the geographic territory I just described, used hand signs, associated with Crips and the colour blue, and had a particular rivalry with the Vaughan Oakwood Bloods, who were associated with an adjacent geographic territory (also shown in exhibit 11), and with Bloods and the colour red.

50Similarly, by the end of the trial, there was no question that Mr. Bailey-Ricketts’s drug trafficking program in Thunder Bay amounted to a conspiracy involving at least himself, Mr. Charley, Mr. Jones, and KG. However, I do not agree with the defence submission that it was a discrete conspiracy that existed separate and apart from the EWC. The intercepted calls which suggest that Mr. Charley and Mr. Bailey-Ricketts did not want any part of Mr. Herrington trafficking drugs in Thunder Bay do not mean that Mr. Bailey-Ricketts’s drug trafficking program in Thunder Bay was not conducted in association with the EWC. Other intercepted calls show that Mr. Charley and Mr. Bailey-Ricketts believed Mr. Herrington was not a drug trafficker, or at least not a skilled one, and brought too much attention to the EWC (the YouTube videos and interview show that Mr. Herrington was a prominent rapper – the public face of the EWC). In one call, for example, Mr. Charley criticized Mr. Herrington for not “staying in his lane”. It is therefore not surprising to me that Mr. Bailey-Ricketts and Mr. Charley did not want Mr. Herrington involved in drug trafficking in Thunder Bay. He had no particular skill or assistance to offer, and would bring unwanted attention. I do not believe it means that Mr. Bailey-Ricketts’s Thunder Bay drug trafficking was independent of the EWC.

51Nor do I believe that because Mr. Jones and Mr. Lopez-Valencia made money, had their own operations, and operated with independence while in Thunder Bay means that this was a simple conspiracy independent of any criminal organization. It is true that Mr. Bailey-Ricketts did not appear to object to Mr. Jones moving his “own bag” on the way to Thunder Bay, but there was no question that Mr. Jones had to arrive (I infer with Mr. Bailey-Ricketts drugs, Vol.II, item 10), otherwise there would be big trouble – a body in the woods. Considered in its entirety, the intercept defence counsel relies on as showing Mr. Lopez-Valencia had his own spot at “c-folds” in Thunder Bay (Vol.IV, item 4) suggests that Mr. Lopez-Valencia had this spot under the supervision of Mr. Bailey-Ricketts. In the same call, Mr. Lopez-Valencia tells Mr. Bailey-Ricketts that he wanted to go back to Thunder Bay with Mr. Bailey-Ricketts, as he made so much money, “that was before you even put me in the trizzy like that”.

52I do not accept that the fact that many of the alleged members of the EWC do not get along at various points means there is no criminal organization. For example, at the time that Mr. Jones was “awol”, KG believe Mr. Jones owed him money, and threatened to hurt Mr. Jones himself, if Mr. Bailey-Ricketts did not do it first. Later calls show that Mr. Jones and KG patched things up and contemplated an out-of-town drug enterprise of their own, possibly in Kingston. These disputes do not cause me doubt about the existence of the EWC as a criminal organization. Rather they simply confirm it was a human endeavour, and therefore imperfect. Nor does the fact that Mr. Jones and KG contemplated doing something on their own (on their “ones”) cause me to question the existence of the EWC as a criminal organization. To the contrary, the fact that they need to make such a distinction suggests that what they were doing in Thunder Bay was not on their own, but instead part of something larger, such as a criminal organization.

53When I consider whether a criminal organization has been established beyond a reasonable doubt, I should consider all relevant evidence: R. v. Venneri. In so far as the relevant evidence may include intercepted conversations that do not include Mr. Bailey-Ricketts, these may not be considered for the truth. However, they may be relevant as original circumstantial evidence supporting the existence of the criminal organization: R. v. Puddicome, 2013 ONCA 506 at para.112; R. v. Saikaley, 2017 ONCA 374 at para. 118. As Justice Fairburn explained in R. v. Bridgman, 2017 ONCA 940 at paras.76-77:

If the circumstantial value of the evidence turns on the truth of the assertion made by the non-testifying texter, then the traditional hearsay concerns will be present.

If, though, the relevance of the evidence does not depend on the truth of the assertion, the text messages may be admitted on the basis that they constitute original circumstantial evidence relevant to an issue at trial. By way of example only, text messages may constitute original circumstantial evidence connecting the accused to a location, transactions, or people, or demonstrating knowledge, state of mind and so on. I emphasize that these are only examples and should not be considered a complete or aspirational list. See also R. v Dunkley, 2018 ONSC 2741 at para.20 per Code J.

54When I consider all the circumstances in this case, I am satisfied that the only reasonable inference I can draw is that the EWC was a criminal organization focused on making money through criminal activity including promoting and protecting drug trafficking (the intercepted communications also suggest it was involved in other illegal ways to make money and obtain drugs, such as robbery, fraud, obstruct justice). In particular, I am satisfied that the circumstances demonstrate that it had sufficient structure and continuity to pose an elevated threat to society and amount to a criminal organization. These circumstances include:

Working collectively, specialization and division of labour

55Numerous intercepts show that people associated with the EWC worked together in specialized roles to traffic in illegal drugs and protect their turf, for example:

• On March 8, 2020, when Mr. Charley and Mr. Bailey-Ricketts were discussing Mr.Jones, and the fact that he owed KG money and was late arriving in Thunder Bay to assist with Mr. Bailey-Ricketts’s drug trafficking in Thunder Bay, Mr. Bailey-Ricketts explained that there’s levels to the groups inner circle and he’s (Mr. Jones) not in it anymore (Vol.II, item7).
• On March 25, 2020, Mr. Charley and Mr. Bailey-Ricketts discuss how “there’s five families to the mob…just know that we’re the head family”. Mr. Bailey-Ricketts responded “yeah, facts” (Vol.V, item 13).
• Mr. Herrington’s advice to Mr. Jones during a telephone conversation on March 28, 2020 that Mr. Bailey-Ricketts and Mr. Charley “run the block” (Vol.V, item 23). I do not rely on this for the truth of its contents but rather as a circumstance suggesting members of the EWC are concerned about territory, hierarchy and respect. I have no doubt that Mr. Herrington is a member of the EWC. As noted, his rap videos and prominent social media presence made him the public face of the gang. I also believe Mr. Jones was a member, based on his involvement in Mr. Bailey-Ricketts’s Thunder Bay trafficking operation, and Mr. Bailey-Ricketts own words that Mr. Jones was no longer part of the “inner circle” after he was late arriving in Thunder Bay.
• During a long call on April 23, two days after Mr. Bailey-Ricketts, Ms. Dittmer and KG were arrested on highway 400 just north of Barrie, Mr. Charley and KG discussed a number of things, including KG’s charges (a recurring theme throughout the long conversation - exhibit 55, item 4). Mr. Charley assured KG “nothing could happen to [him]” because he was “underage”; at worst he could be sentenced as an adult, but it would not go on his record. Mr. Charley asked KG detailed questions about the circumstances of the arrest, including who charged them, when, what he was told about the charges, whether police spoke first to the driver or went straight to the passengers, and exactly what police said. KG lamented that he was “pretty disappointed in myself”. Mr. Charley assured KG “it wasn’t your fault” as KG wasn’t the reason for the arrest. Mr. Charley added, “If you want to look for a reason, blame me ‘cause I’m the one that called you and said yo…my boy is going, go….don’t punch yourself up…you’re being super nice guy be taking stupid Ls that I really wish…you didn’t do”. Later in the call Mr. Charley reminded KG that a customer owed him money, explaining “the reason why I called you is ‘cause I’m yo, fucking F-K [KG is repeatedly referred to as “F” in in the intercepts, see for example vol VII, item 24; vol XI, item5] needs to pay me for my fucking car…V-Dizzle [this is Mr. Bailey-Ricketts], so take him to fucking Sault Saint Marie ‘cause I know a custie owes him some dough. Take him there.” I do not rely on this conversation for the truth of its contents. However, I do rely on it as a circumstance suggesting Mr. Charley felt a sense of responsibility for KG’s predicament (being found in possession of a significant quantity of cocaine and fentanyl). This in turn supports an inference that the organization that both Mr. Charley and KG belonged to, the EWC (the evidence shows they were both members), involved a hierarchy and specific assigned roles.
• During the same April 23 call between Mr. Charley and KG, Mr. Charley emphasized the rules of the EWC to KG: “you’re supposed to be able to send these N******s on a food and they bring back every last dollar to you. You understand? Then you bring every last to me. I bring every last dollar to V-Dizzle and he tells me what they fuck we’re doing” (Vol.IX, item 4). Again, I do not rely on this statement for the truth of its contents but rather a circumstance suggesting a state of mind whereby Mr. Charley, a prominent member of the EWC, was concerned about maintaining a hierarchy with related roles and expectations. I also believe that KG was a member, based on his role in Mr. Bailey-Ricketts Thunder Bay trafficking, his trafficking in and around the High Life, his repeated attendance at 568 Lauder, and his close connection to Mr. Charley.
• On April 28, 2020, Mr. Charley told Mr. Jones that Mr. Herrington needed to “pick a lane” and decide if he is a rapper, a drug-dealer, or a pimp and “play his position”; there is no “jack of all trades” because that “just fucks everything up”. Mr. Charley described their group as the “Soviet Union”, with himself and Mr. Bailey-Ricketts being the “head family”; insubordination will lead to extermination; “N*****s got fuckin roles to play and they gonna play it bro, period”. (Vol.V, item 22) Again, I do not rely on this for the truth, but as a circumstance suggesting a concern about hierarchy and roles, and the importance of respecting those roles.
• On May 4, 2020, the vehicle probe in the BMW captured Mr. Bailey-Ricketts complaining to Ms. Dittmer that “Fat Boy” (I believe they are referring to Mr. Lopez-Valencia) was not paying him the respect he deserved. Mr. Bailey-Ricketts noted that he gave Fat Boy 80 % of Fat Boy’s “whops” or drug deals; Fat Boy never went out on his own and got his own deals. Mr. Bailey-Rickets explained:

[M]e and my N***** rest in peace Ace….We showed these N***** how this all work…my N***** is dead and gone…ten years now….up to couple years ago this N****** was still sleeping on my…bro I always had Crips always. These N*****s…were sleeping on my hotel for longer than you think and way worse than you think….he knows I’m all for uplifting my people…he’s just trying to abuse me now…I’m nobody’s cash cow no more….Those years are done….I did so much for them…” [emphasis added]

Mr. Bailey-Ricketts went on to note “these are all my underlings”….Ms. Dittmer commented that [Fat Boy] is “mad because he’s the same age and he feels like he’s supposed to be on the same level as you but he’s not so he’s mad”. Mr. Bailey-Ricketts responded “but he knows he can’t be….he’s never been on the same level with us….” Mr. Bailey-Ricketts then explained that Fat Boy did most of his drug-dealing in the relative safety of a public housing project with “cameras everywhere….that’s not a real trap….I had generations of little Ns that I put in there….I had little Ns come from here to my house and say yo OG” (Vol.IX, item 8). This intercepted communication suggests particular roles associated with drug trafficking conducted in association with the EWC.

• In a call on May 15, 2020, Mr. Charley emphasized to KG the importance of new recruits understanding the hierarchy of the organization (Vol.XI, item 5). Again, I do not rely on this for the truth but as circumstantial evidence suggesting concern with maintaining the hierarchy and the structure of the organization.

Fostering trust and loyalty within the organization

56There were numerous intercepted communications suggesting the importance of loyalty in the organization, including protecting those higher up in the organization, for example:

• Various individuals associated with the EWC (Mr. Herrington, Brian MacPherson, Mr. Jones) sent Javonte Reid money for his canteen and his lawyer while he was in custody. The importance of this evidence is not whether or not it is true, but as a circumstance suggesting loyalty and protection of fellow gang members. Mr. Reid, based on his own words (and his password – A2A-YEG-EWC), was a member of the EWC.
• Various individuals associated with the EWC tried to arrange bail for Mr. Reid. Geena Awad joked that she tried to pretend she was Mr. Reid’s girlfriend to bail him out, but he did not know her last name. There were further discussions about trying to find someone else to pretend to have a close relationship with Mr. Reid, and bail him out. As above, this is not relied on for its truth, but as a circumstance suggesting loyalty and protection of fellow gang members.
• On April 16, 2020, Mr. Bailey-Ricketts calls Mr. Belfon-Green and suggests he is a “Keele block official”. Belfon-Green sounds unhappy to hear this and emphasizes he is “banging for E dub” (Vol.VII, item 32).
• Mr. Charley’s advice to KG on April 23, after KG was arrested with Mr. Bailey-Ricketts and Ms. Dittmer on April 21, how to avoid liability. I do not rely on this call for its truth, but as a circumstance demonstrating loyalty and concern for a fellow gang member.
• On May 22, after Mr. Bailey-Ricketts and Ms. Dittmer were arrested again on May 7, Mr.Charley expressed concern to KG that Ms. Dittmer was not taking full blame for the drugs, and emphasized the importance of loyalty and protecting Mr. Bailey-Ricketts. Again, I do not rely on this call for the truth, but rather as a circumstance demonstrating a concern about the importance of loyalty and protecting people higher up in the hierarchy (Vol.IX, item 1).

Sharing customers, financial resources, and insider knowledge

57There are numerous circumstances suggesting that the EWC cooperated in trafficking drugs and protecting their territory:

• Surveillance (live and from the covert camera), together with the circumstances preceding the April 21 arrest, suggest that the EWC used 568 Lauder Avenue as a stash house. The surveillance shows people associated with the EWC regularly entering 568 Lauder Avenue for short periods of time (documented in the chronology of facts set out in Appendix B). Mr. Bailey-Ricketts and KG were arrested with substantial quantities of cocaine and fentanyl not long after each visited 568 Lauder Avenue around the same time (this is also documented in Appendix B). Mr. Bailey-Ricketts noted that he was in “the zone” when in the vicinity of 568 Lauder, a description he also used while he was trafficking in Thunder Bay (see calls and LBS maps for March 14, described in Appendix B).
• Mr. Bailey-Ricketts’s firm rebuke to Mr. Lopez-Valencia that Mr. Lopez-Valencia should not look for an alternate source of drugs (in context I believe he is referring to heroin/fentanyl) in Thunder Bay while he was in Mr. Bailey-Ricketts’s “vicinities.” This suggests a concern with protecting Mr. Bailey-Ricketts’s share (and by extension the EWC’s share) of the illegal drug market in Thunder Bay.
• Surveillance (live and from the covert camera), continually placed people associated with the EWC together at 568 Lauder Avenue, suggesting that the location was used as a safe meeting place for the EWC. In a March 14, 2020 call, Mr. Bailey-Ricketts tells Mr. Charley he will miss “Granny’s thing” (his grandmother lived at 568 Lauder). Mr. Charley notes he was going, and KG had already been. In an April 16, 2020 call Mr. Herrington says he is at “foundation headquarters” at a time when he is outside 568 Lauder Avenue. Mr. Bailey-Ricketts was also in the area at the same time. The substance of the call is only useful if considered for the truth, thus I disregard what was said in the call. However, the circumstances of the call, namely the fact that both Mr. Bailey-Ricketts and Mr. Herrington are in the vicinity of 568 Lauder Avenue at the same time, is relevant and admissible and provides one of many examples of people associated with the EWC meeting at 568 Lauder Avenue. See the chronology at Appendix B for more examples.
• Cooperation in accessing drugs – for example the calls trying to source “tina” or methamphetamine. I do not consider these calls for the truth, but for the cooperation they reflect.
• Shared intelligence about who was in EWC territory. As above, I do not consider these calls for the truth, but for the concern and cooperation they reflect about protecting territory.
• Shared intelligence about the legal system, such as possible defences to the April 25, 2020 arrests, and ways to get Mr. Reid’s bail. Again, I do not consider these calls for the truth, but for the loyalty and cooperation they reflect.

Developing a reputation for violence

58There are numerous calls about protecting the territory associated with the EWC, and responding to provocations aimed at Mr. Herrington, who was in many ways the public face of the EWC, for example:

• In overlapping calls on March 8, 2020, Mr. Charley expressed concern to Mr. Bailey-Ricketts that rival rappers came onto their turf and nobody was “holding ground”. Mr. Charley noted that poeple stand behind them because their name is solid enough for protection and this is a benefit of being with the group (Vol.II, items 7-11).
• In a call on March 10, 2020, Mr. Charley expressed concern to KG about people “wearing red” in their area, and the need for someone to be “patrolling” (Vol.II, item 18). I do not rely on this call for its truth, but rather as a circumstance suggesting a concern with territory, and protecting it against rivals.
• On April 18, 2020, Mr. Charley told Mr. Bailey-Ricketts he was on Keele scoping and driving on D-block and he was seeing a lot of people in red (Vol.VII, item 38).

59In addition to the structure that the above evidence suggests, there is also substantial evidence of continuity, both before and after Mr. Bailey-Ricketts Thunder Bay drug trafficking operation in the winter and spring of 2020:

• The intercepted communications, and the surveillance footage from the Vancouver airport, suggest that Mr. Charley and Mr. Bailey-Ricketts were involved in an out-of- town drug program “out west” before (or in addition to) Thunder Bay in the spring of 2020.
• The intercepted communications show that Mr. Charley and Mr. Bailey-Ricketts discussed the high demand for drugs in the Oshawa area, but also some of obstacles to trafficking there – bikers, racism.
• The intercepted communications suggest that after Mr. Bailey-Ricketts was arrested and detained on May 7, 2020, Mr. Charley met with Mr. Bailey-Ricketts’s drug supplier.
• On June 22, Mr. Charley spoke to Mr. Belfon-Green, an individual associated with the EWC (including through his own words to Mr. Bailey-Ricketts that he was “banging for E dub” when confronted by Mr. Bailey-Ricketts about being a “Keele block official”), and reported that the program in T-Bay was continuing but it was hot at the moment. I believe this conversation is admissible for its truth pursuant to the co-conspirators exception to the rule against hearsay because it is in furtherance of the particular conspiracy that is Mr. Bailey-Ricketts Thunder Bay drug trafficking operation. At the same time, it shows that this conspiracy is bigger than Mr. Bailey-Ricketts. While he was the leader, it did not end with his arrest and detention. In infer that this is because it was supported by the EWC.
• The intercepted communications, surveillance, and Mr. Charley’s arrest for possession of a firearm together with ammunition on August 20, 2020, suggest that Mr. Charley was involved with other illegal activity, including robbery, bank fraud, possessing loaded restricted firearms. These communications are not relied on for their truth in this prosecution, but as a circumstance suggesting the EWC was involved in other forms of illegal violent activity, and had a need for firearms.

Was Mr. Bailey-Ricketts a member of the EWC?

60While membership is not a required element of trafficking in association with, or for the benefit of, a criminal organization, it is a relevant circumstance, thus I consider it at this point.

61In decided whether or not Mr. Bailey-Ricketts is a member of the EWC I consider only evidence directly admissible against him. I am satisfied that the only reasonable inference I can draw from the evidence directly admissible against Mr. Bailey-Ricketts is that he is a member of the EWC. This evidence includes:

• Mr. Bailey-Ricketts was repeatedly seen at an EWC hang-out (the High Life) including with people I have found to be members of the EWC.
• Mr. Bailey-Ricketts is in Chance Allick’s rap video RideOutY3G (exhibit 10-7). I am not sure that it is him, but I do not need to be satisfied of this fact to the criminal standard of proof beyond a reasonable doubt. This is not an essential issue but rather one fact or circumstance among many to be considered all together: R. v. Morin, 1988 CanLII 8 (SCC), [1988] 2 SCR 345. I base my conclusion on the following circumstances:
  • I sat in court with Mr. Bailey-Ricketts for approximately 8 weeks. He was usually seated during this time, facing me (watching me and the proceedings intently). But occasionally I saw him standing. On occasion I also saw him in profile, usually while he was standing. He often turned to confer with his counsel, especially while the intercepts were being played, but they were sitting in the second row and were obscured by the computer monitors when they did this.
  • Footage apparently taken during the making of this rap video was also downloaded to YouTube. DC Garganis watched this “making of” footage and took screenshots. Unfortunately, the actual “making of” footage was not played in court or made an exhibit. Only clips DC Garganis took of this footage were entered as an exhibit (part of 10-7). These clips show the right profile of the man alleged to be Mr. Bailey-Ricketts from behind and below while the man was sitting at a table. The appearance of this man is very similar to my observations of Mr. Bailey-Ricketts in court in terms of the following features:
    • Physical build – heavy set but strong and athletic;
    • Head shape – round with broad forehead;
    • Hair line – high, curved in scallop shape on side (hair style and facial hair also appear consistent but I do not attach weight to this as it is very changeable);
    • Skin tone and colour – clear, dark. I saw nothing inconsistent between the man in the footage and my observations of Mr. Bailey-Ricketts in court.
  • The covert camera outside the High Life captured a man who looks like Mr. Bailey-Ricketts wearing the same or similar sweatshirt as the man in the making of footage and the rap video - white with grey sleaves and hood and a decal on the left chest (the decal is not visible in the making of footage but the sweatshirt otherwise appears identical - see p.18 of exhibit 8-2). This man is visible from the front, with a good view of his face, but from a distance and in poor light. Nonetheless his face appears to be the same or similar as my observations of Mr. Bailey-Ricketts in court. There is nothing inconsistent between the man in the photograph and my observations of Mr. Bailey-Ricketts.
• Mr. Bailey-Ricketts is in a photograph of a group of men at the High Life restaurant, posted on Chavin Roberts’ Instagram account @therealprinceloc (exhibit 9-6). Although the image in the photograph is quite small, and the man alleged to be Mr. Bailey-Ricketts is wearing a hat (a baseball cap backwards) which obscures his hairline and half his forehead, his face is visible. It looks like Mr. Bailey-Ricketts to me in terms of skin colour and tone, and how the eyes are set and spaced in the face. The physique also appears the same or similar.
• Mr. Bailey-Ricketts is deeply connected to people who in turn are deeply connected to the EWC, such as Mr. Jones, KG, and most importantly Mr. Charley. Based on the intercepted communications there can be no doubt that Mr. Charley is a member of the EWC. As I have noted above, the evidence, including surveillance, social media, the intercepts and all the circumstances, also show that Mr. Jones and KG were members, though, according Mr. Bailey-Ricketts and Mr. Charley, not part of the “inner circle” or equivalent tier to Mr. Charley and Mr. Bailey-Ricketts.
• Mr. Bailey-Ricketts and Mr. Charley speak constantly about matters related to the EWC, including:
  • Mr. Bailey-Ricketts’s comment that Mr. Jones was no longer part of the “inner circle”, after Mr. Jones was “awol” and late arriving in Thunder Bay.
  • Their concern about Mr. Herrington bringing undue attention and animosity to the EWC and its members or associates through his antagonistic rap lyrics and antics.
  • Mr. Charley’s concern about “seeing a lot of red” in the Eglinton west neighbourhood.
• In the May 4, 2020, vehicle probe, described above, Mr. Bailey-Ricketts described his years of trafficking drugs, and having “Crips” staying with him for years. I reject the defence submission that Mr. Bailey said “cribs” and not “Crips”. I have listened to the intercept multiple times and hear Mr. Bailey-Ricketts clearly say Crips, enunciating the “p”. Mr. Bailey-Rickets uses the word “cribs” elsewhere in the same intercept and pronounces “cribs” differently. Also the defence submission does not make sense in the context of what Mr. Bailey-Ricketts was saying when he says “Crips” (see Vol.IX, item 8). I infer that Mr. Bailey-Ricketts had Crips living with him for years because he was both supporting them, and using them, in his drug operations. Further he was using Crips because he was a Crip, specifically an EWC.
• Mr. Bailey-Ricketts brought Mr. Jones and then KG, both drug dealers and both members of the EWC, north to traffic drugs. Mr. Bailey-Ricketts told Mr. Jones what bus to take, suggested how he should transport drugs, and picked Mr. Jones up at the Casper bus depot in Thunder Bay. Mr. Bailey-Ricketts brought KG with him in the BMW when he and Ms. Dittmer drove north on April 21.
• Mr. Bailey-Ricketts answered a call from Mr. Jones, on March 14, while they were both trafficking in Thunder Bay, with “Crodie”. The intercepts and social media and show that members of the EWC often refer to each other as Crip or Cro or Crodie.
• Mr. Bailey-Ricketts was deeply connected to 568 Lauder Avenue. Not only did he repeatedly attend there, including at the same time as others I have found to be members of the EWC, such as Kyle Guillaume, but his grandmother lived there, and the MTO records show that it was his home at various points in his life. As explained above, I believe this home was being used both as a stash house for the EWC, and as a safe place to meet.

62The Crown also seeks to rely on a number of other conversations, which do not directly involve Mr. Bailey-Ricketts, for their truth, pursuant to the co-conspirators exception to the rule against hearsay.

63It is well accepted that the co-conspirators exception to the rule against hearsay permits me to consider conversations, which would otherwise be hearsay, for the truth of their contents if the following conditions are met: 1) I am satisfied beyond a reasonable doubt that the alleged conspiracy exists; 2) I am satisfied on a balance of probability based on evidence directly admissible against Mr. Bailey-Ricketts that he was a member of the conspiracy; 3) if steps one and two are met, I may consider acts and statements by other members of the conspiracy made in furtherance of the conspiracy while it was continuing: R. v. Carter, 1982 CanLII 35 (SCC), [1982] 1 SCR 938.

64In applying the co-conspirators exception to the rule against hearsay I am mindful that there must be a common unlawful purpose. There is no need for agreement or even awareness about all the details of the common unlawful purpose, and the method of operation, personnel, or victims may evolve. However, there must be a meeting of the minds about the particular common unlawful purpose such that each member can be said to be the agent of the other in the pursuit of the common unlawful purpose. This is an essential aspect of what gives the hearsay both sufficient reliability to permit it to be considered for the truth of its contents, and makes it fair to take this exceptional step: R. v. Baron and Wertman (1976), 1976 CanLII 775 (ON CA), 73 D.L.R. (3d) 213 (Ont.C.A.) per Martin J.A. at pp.231-32; R. v. McNamara (No.1) (1981), 1981 CanLII 3120 (ON CA), 56 C.C.C. (2d) 193 (Ont.C.A.), leave to SCC refused; R. v. Dawkins, 2021 ONCA 113 per Fairburn J.A. at paras. 49-65.

65While a criminal organization is a form of conspiracy (see eg. R. v. Saikely, 2017 ONCA 347 at para.118), it is invariably bigger than a single or simple conspiracy. In this case, for example, the EWC appears to shelter and foster numerous conspiracies, such as Mr. Charley’s plans to commit a home invasion robbery, Mr. Charley’s plans to commit bank fraud, and Mr. Reid’s plans to find some to lie and bail him out of jail. All this to say, before relying on the co-conspirator exception to consider the substance of a conversation that would otherwise be hearsay, I believe I must be satisfied that there was an agreement or meeting of the minds about a common unlawful purpose, not simply that the endeavour was being pursued under the umbrella of the EWC: R. v. Alcantara, 2015 ABQB 521 at 973-980, conviction affirmed 2015 ABCA 259; R. v. Dawkins, at paras.49-65. In other words, I must not conflate membership in the EWC with membership in a specific criminal conspiracy that could justify the use of the co-conspirators exception to the rule against hearsay.

66As noted, I have found that the Crown has established, beyond a reasonable doubt, that the EWC is a criminal organization that generally promotes and protects drug trafficking, and other criminal ways to make money. In addition, I have found that the Crown has established beyond a reasonable doubt that Mr. Bailey-Ricketts was a member of the EWC. However, I believe that the particular conspiracy that could justify the application of the co-conspirators rule against hearsay is narrower than the broad objectives pursued by the EWC. Specifically, as noted, I am satisfied that the Crown has established, beyond a reasonable doubt, a common unlawful purpose, a meeting of the minds, to traffic drugs in Thunder Bay, including at least Mr. Bailey-Ricketts, Mr. Charley, Mr. Jones, and KG.

67Based on my understanding of the law, and the common unlawful purpose that the Crown has established beyond a reasonable doubt, I do not believe that the Crown can rely on the following statements for the truth of their contents:

• At the end of the long call between Mr. Charley and KG on April 23, 2020, Mr. Charley asks KG what was going on with the “soldiers…MK and Ro-Ro”, explaining that he had an “address…a food for you bro [having listened to hours of calls which include repeated use of the word “food”, I believe Mr. Charley is referring to a potential robbery target]. So you could go map, try to find out who the fuck is gonna go and send these niggers on the food, but I don’t know how much money it is. That’s why I…wouldn’t send you or myself.” KG noted that he wouldn’t mind going himself because he needed money. Mr. Charley responded “You’re supposed to be able to send these N*****s on a food and they bring back every last dollar to you. You understand? Then you bring every last to me. I bring every last dollar to V-Dizzle and he tells me what the fuck we’re doing. You understand what I’m saying? That’s how its supposed to be.”

While it is a close call, I not satisfied that the Carter test has been met for this statement, including because it appears to focus on a different common unlawful purpose (robbery) than the one that I have found established beyond a reasonable doubt (the Thunder Bay drug trafficking program). I recognize that the Crown lead evidence of other discussions of robbery. For example, on March 14, 2020, Mr. Bailey-Ricketts suggested that they needed a front and/or to rob someone of drugs to address their drug supply shortage (Vol.III, item 14). On March 22, 2020 Mr. Charley discussed a home invasion robbery with Mr. Jones, which he subsequently reported to Mr. Bailey-Ricketts, who responded “that sounds lit” (Vol.V, items 2-4). In addition, Mr. Charley and others were surveilled by police apparently in the course of attempting to commit a home invasion robbery. Nonetheless, given the Crown focus on Thunder Bay, especially after Mr. Charley was severed (which, in fairness, I actively encouraged), I am not satisfied that the Carter test has been met for this statement. I do not consider it for the truth.

• During a telephone conversation on March 28, 2020 Mr. Herrington (Bizz Loc) advised Mr. Jones that Mr. Bailey-Ricketts and Mr. Charley “run the block” (Vol.V, item23). I do not believe this was in furtherance of the specific conspiracy to traffic drugs in Thunder Bay. Rather the call seems to involve Mr. Herrington and Mr. Jones complaining about the strict rules that Mr. Charley and Mr. Bailey-Ricketts impose.
• In a call on April 16, 2020 involving Mr. Herrington, Geena Awad and Mr. Reid, Mr. Herrington noted he was at “foundation headquarters” when he is outside 568 Lauder Avenue. While I believe this was a stash house that supported Mr. Bailey-Ricketts’s Thunder Bay drug operation (though was not limited to this operation), I do not believe this statement was in furtherance of Mr. Bailey-Ricketts’s Thunder Bay drug operation. Rather it seems to be a matter-of-fact conversation about how the EWC operates.

Did Mr. Bailey-Ricketts conduct his drug trafficking for the benefit or in association with the EWC?

68In considering this issue, I consider only evidence admissible against Mr. Bailey-Ricketts. When I do this, I am satisfied that the only reasonable conclusion that I can reach in all the circumstances is that Mr. Bailey-Ricketts knowingly conducted his drug trafficking in Thunder Bay in association with the EWC. These circumstances include:

• Mr. Jones travelled to Thunder Bay to help Mr. Bailey-Ricketts with his drug trafficking. Mr. Jones was deeply connected to the EWC, as shown by the surveillance video, social media reports, and intercepted communications. As noted, I found him to be a member, albeit no longer part of the inner circle according to Mr. Bailey-Ricketts. While Mr. Jones took his time arriving, his attendance does not appear optional. When expressing his frustration to Mr. Charley over Mr. Jones’s late arrival, Mr. Bailey-Ricketts noted “this kid wants me to shoot him and leave him in woods”.
• Mr. Bailey-Ricketts was also deeply connected to the EWC. As noted, I have found him to be a member. Mr. Bailey-Ricketts gave Mr. Jones explicit instructions about how to take the bus to Thunder Bay. In the same call, Mr. Jones was told how to hide the drugs he was carrying (he should “ball it”).
• Once Mr. Jones arrived, he operated with minimal supervision, and made his own money, but he did so under the direction and authority of Mr. Bailey-Ricketts. Mr. Bailey-Ricketts picked him up at the bus station, they appeared to traffic together (see Appendix B), and Mr. Bailey-Ricketts gave Mr. Jones instruction, such as to keep the trizzie low key (so as to avoid disputes with rival gangs). Mr. Bailey-Ricketts reported back to Mr. Charley that Mr. Jones was making the best of his opportunities….In the same call, Mr. Bailey-Ricketts told Mr. Charley that they (he and Mr. Jones) need more drugs, either through a front or a robbery (Vol.3, item 14).
• Mr. Charley was also deeply connected to the EWC. As noted, based on all the circumstances, I believe him to be a core or senior member. That is certainly how he sees himself. He attended in Thunder Bay briefly, dropping off Mr. Lopez-Valencia (who the intercepts reveal to be a drug dealer), and meeting with Mr. Bailey-Ricketts. On April 23, 2020, two days after KG was arrested with Mr. Bailey-Ricketts, Mr. Charley told KG to get boys for Mr. Bailey-Ricketts, presumably so Mr. Bailey-Ricketts could continue his trafficking operation in Thunder Bay (Vol.9, item 4). These circumstances illustrate Mr. Charley’s connection to Mr. Bailey-Ricketts, and in turn, Mr. Bailey-Ricketts’s connection to and reliance on the EWC in conducting his Thunder Bay drug trafficking operation.
• KG also travelled north to help Mr. Bailey-Ricketts with his drug trafficking. KG was also deeply connected to the EWC. As noted, based on all the circumstances, including the surveillance video, social media reports, and intercepted communications, I found him to be a member. On April 20, 2020, Mr. Charley directed KG to “pack his bag”. Later that eventing KG was at 568 Lauder, around the same time that Mr. Bailey-Ricketts was in the same vicinity. KG was picked up by Ms. Dittmer and Mr. Bailey-Ricketts the following morning and driven north (before all three were arrested just north of Barrie on April 21, 2020 and found with significant quantities of cocaine and fentanyl).
• Mr. Bailey-Ricketts’s rebuke to Mr. Lopez-Valencia that Mr. Lopez-Valencia must not obtain an alternate source of drugs in Mr. Bailey-Ricketts’s “vicinities”, suggesting a concern with protecting market share or territory, which, in context, is EWC’s market share or context.

69The essential people Mr. Bailey-Ricketts draws on to support his drug trafficking in Thunder Bay - Mr. Jones and KG - are deeply associated with the EWC, members, though they are younger and less senior and will, or must, follow Mr. Bailey-Ricketts’s instructions. Mr. Bailey-Ricketts relied on what I have found to be a stash house at his grandmother’s home at 568 Lauder, used by the EWC.

70When I consider all the evidence, I am satisfied beyond a reasonable doubt that Mr. Bailey-Ricketts knowingly conducted his drug trafficking in Thunder Bay in association with the EWC. The drug trafficking also benefitted Mr. Jones and KG, EWC members, and protected the EWC share of the lucrative Thunder Bay drug market. It follows that I find Mr. Bailey-Ricketts guilty of counts 18 and 19.

Did Mr. Bailey-Ricketts instruct others to traffic in a controlled substances for the benefit of a criminal organization?

71In order to establish this offence, the Crown must prove the following elements beyond a reasonable doubt:

i. that Mr. Bailey-Ricketts is a member of a criminal organization (the EWC);

ii. that Mr. Bailey-Ricketts knowingly instructed a person or persons to traffic in during the time period of the count; and

iii. that Mr. Bailey-Ricketts did so for the benefit of or in association with a criminal organization.

72As explained above, I am satisfied beyond a reasonable doubt that Mr. Bailey-Ricketts was a member of the EWC.

73I am also satisfied beyond a reasonable doubt that, as a member of the EWC, he knowingly instructed Mr. Jones and KG to transport drugs from Toronto to Thunder Bay, and sell them once in Thunder Bay. Mr. Jones, KG and Mr. Bailey-Ricketts made money as a result, benefiting themselves, and through their membership or association with the EWC, the EWC as well. As noted, they also protected the EWC market share of the illegal drug market in Thunder Bay. It follows that there will be a finding of guilt on count 17.

G. ROBERTS, J.

Released: August 17, 2023

APPENDIX A – COUNTS INVOLVING MR. BAILEY-RICKETTS

17. Ammaan CHARLEY and Vito BAILEY-RICKETTS stand charged that they, during the period from and including the 6th day of March in the year 2020, to and including the 7th day of May in the year 2020, in the City of Toronto, in the Toronto Region and/or elsewhere in the Province of Ontario, each being one of the persons constituting a criminal organization, did knowingly, directly or indirectly, instruct a person or persons to commit the indictable offence of trafficking in a controlled substance, for the benefit of, at the direction of, or in association with, a criminal organization, thereby committing an offence contrary to section 467.13 of the Criminal Code.

18. Ammaan CHARLEY and Vito BAILEY-RICKETTS stand further charged that they, during the period from and including the 6th day of March in the year 2020, to and including the 7th day of May in the year 2020, in the City of Thunder Bay, in the North Region and/or elsewhere in the Province of Ontario, did commit the indictable offence of trafficking in a controlled substance, contrary to section 5(1) of the Controlled Drugs and Substances Act, for the benefit of, at the direction of, or in association with a criminal organization, thereby committing an offence contrary to section 467.12 of the Criminal Code.

19. Ammaan CHARLEY and Vito BAILEY-RICKETTS stand further charged that they, during the period from and including the 6th day of March in the year 2020, to and including the 7th day of May in the year 2020, in the City of Thunder Bay, in the North Region and/or elsewhere in the Province of Ontario, did commit the indictable offence of conspiracy to traffic in a controlled substance, contrary to section 465(1)(c) of the Criminal Code, for the benefit of, at the direction of, or in association with a criminal organization, thereby committing an offence contrary to section 467.12 of the Criminal Code.

20. Ammaan CHARLEY and Vito BAILEY-RICKETTS stand further charged that they, during the period from and including the 6th day of March in the year 2020, to and including the 7th day of May in the year 2020, in the City of Thunder Bay, in the North Region and/or elsewhere in the Province of Ontario, did conspire with each other and/or with another person or persons, to commit the indictable offence of trafficking in a controlled substance, contrary to section 5(1) of the Controlled Drugs and Substances Act, thereby committing an offence contrary to section 465(1)(c) of the Criminal Code.

21. Ammaan CHARLEY and Vito BAILEY-RICKETTS stand further charged that they, during the period from and including the 6th day of March in the year 2020, to and including the 7th day of May in the year 2020, in the City of Thunder Bay, in the North Region and/or elsewhere in the Province of Ontario, did unlawfully traffic in a schedule I controlled substance, to wit: cocaine, contrary to section 5(1) of the Controlled Drugs and Substances Act.

22. Vito BAILEY-RICKETTS stands further charged that he, during the period from and including the 6th day of March in the year 2020, to and including the 7th day of May in the year 2020, in the City of Thunder Bay, in the North Region and/or elsewhere in the Province of Ontario, did unlawfully traffic in a schedule I controlled substance, to wit: fentanyl, contrary to section 5(1) of the Controlled Drugs and Substances Act.

23. Vito BAILEY-RICKETTS stands further charged that he, on or about the 21st day of April in the year 2020, in the City of Barrie, in the Central East Region, in the Province of Ontario, did have a controlled substance, to wit: cocaine, in his possession for the purpose of trafficking, contrary to section 5(2) of the Controlled Drugs and Substances Act.

24. Vito BAILEY-RICKETTS stands further charged that he, on or about the 21st day of April in the year 2020, in the City of Barrie, in the Central East Region, in the Province of Ontario, did have a controlled substance, to wit: fentanyl, in his possession for the purpose of trafficking, contrary to section 5(2) of the Controlled Drugs and Substances Act.

25. Vito BAILEY-RICKETTS stands further charged that he, on or about the 21st day of April in the year 2020, in the City of Thunder Bay, in the North Region and/or elsewhere in the Province of Ontario, did have in his possession property, to wit: monies of a value not exceeding five thousand dollars, knowing that all or part of the property had been derived directly or indirectly from an offence punishable by indictment, contrary to section 354(1) of the Criminal Code.

26. Vito BAILEY-RICKETTS stands further charged that he, on or about the 7th day of May in the year 2020, in the City of Thunder Bay, in the North Region and/or elsewhere in the Province of Ontario, did have a controlled substance, to wit: cocaine, in his possession for the purpose of trafficking, contrary to section 5(2) of the Controlled Drugs and Substances Act.

27. Vito BAILEY-RICKETTS stands further charged that he, on or about the 7th day of May in the year 2020, in the City of Thunder Bay, in the North Region and/or elsewhere in the Province of Ontario, did have in his possession property, to wit: monies of a value not exceeding five thousand dollars, knowing that all or part of the property had been derived directly or indirectly from an offence punishable by indictment, contrary to section 354(1) of the Criminal Code.

APPENDIX B – CHRONOLOGY OF EVENTS

July 18, 2019 (Det Jason Benoit)

Mr. Herrington, who had been shot three days earlier, was followed to the High Life restaurant at 1741 Eglinton Ave W where he was observed meeting with a group of men including Mr. Charley, Brian Macpherson; Carlton Jones; O’Shane John (surveillance photographs were made exhibit 6).

August 20, 2019 (Chris Garganis)

Covert camera footage showed what DC Garganis believe to be the filming of a video behind the High-Life. Beginning around 7:28 pm DC Garganis saw a group of people in the laneway between the High Life and the library, including Brian Herrington, Jamar Brown, Carlton Jones, Colin Armoo (Kwesi’s brother), Chance Allick, Chavin Roberts, Kyle Guillaume, Teshawn Greeves, Rico Hazelwood, Jamile Vanderheyden-Steaman, and Vito Bailey-Rickets. At least some of the people seen in the alley moved around to the back of High Life where DC Garganis believed they shot a music video. Before shooting began, Mr. Allick put a blue bandana under his baseball cap.

November 9, 2019 Vancouver (William Li and Brent London)

About 11 am, Mr. Charley, Mr. Bailey-Ricketts, and Mr. Jones were identified in the Vancouver airport. They used cash to buy three tickets to fly that day. I can easily identify Mr. Charley and Mr. Bailey-Ricketts in the surveillance stills made exhibit 19. Mr. Jones was carrying a grey or silver knapsack

March 8, 2020

Mr. Charley, Mr. Bailey-Ricketts, Mr. Lopez-Valencia and KG discuss how Mr. Jones should transport drugs in his underwear – he should “ball it” – wear tight briefs and use a safety pin to pin the drugs to his drawers so it hangs. Mr. Bailey-Ricketts can be heard explaining to Mr. Jones the bus schedule and route, including that there will be a smaller bus called Kasper that stops at the A&W, and warning him not to miss it. Mr. Bailey-Ricketts then tells Mr. Charley this guy wants me to shoot him [I infer that Mr. Bailey-Ricketts is referring to Mr. Jones]. Mr. Charley noted that he believed Mr. Jones was lying and that KG said if “Big Homey” did not sort him out KG would (KG believed Mr. Jones owed him money). In the context it is apparent to me that Big Homey is Mr. Bailey-Ricketts (Vol.II, items 7-11).

March 9, 2020 (Michael Balint, Chris Garganis, and Pascal Li)

Mr. Charley and KG got into Mr. Charley’s grey of silver Nissan Rogue CKDL858 outside the Yorkdale shopping mall and were followed to the High Life, then 526 Oakwook (Mr. Charley’s home), then back to the High Life.

March 9, 2020 Thunder Bay (Jeffry Leonard, Perry Morgan, Darren Daniw, George Conway, Richard Cranston, Dan Bartol, DS Jamie Ball)

Mr. Bailey-Ricketts calls Mr. Jones beginning at 2:07 pm. Mr. Jones advised he had to switch buses, and needed money for the bus. Mr. Bailey-Ricketts said ok, and asked if Mr. Jones was going to be in White River in an hour or so (Vol.II, item 14).

Mr. Jones was tracked by multiple police services taking the bus north from Sault Ste Marie to Thunder Bay, including switching onto the Kasper bus at north river, after eating at the A&W (see surveillance photographs in exhibit 17). When he arrived in Thunder Bay he was picked up by a black BMW CHTL 224 (the BMW associated to Mr. Bailey-Ricketts, hereafter referred to as the BMW) and driven to 369 Syndicate Avenue North, which he entered, together with the man and woman who picked him up, bringing his rolling suitcase. About 20 minutes later, around 10:06 pm three people left 369 Syndicate Avenue North, got into the BMW and drove to 1420 Arthur St E, parking in the rear alley.

March 11, 2020

Mr. Bailey-Ricketts called Mr. Jones and asked what was going on. Mr. Jones said it was slow because of the time of month; they discussed the fact that social assistance cheques would be coming out soon. (Vol.III, item 3)

March 13, 2020 Thunder Bay (Darren Daniw, Jamie Ball)

The BMW, driven by woman together with male passenger [who I infer to be Ms. Dittmer and Mr. Bailey-Ricketts] was observed leave 1420 Arthur St on multiple occasions during which time the male passenger attended locations or met with people:

At 2:40 pm BMW parked at south entrance of Victoria mall and the male passenger attended door of gray building with blue siding.

At 2:46 the BMW stopped in the north parking lot of the Limbrick Street complex, then drove to Limbrick street where a male on a bike stopped beside the BMW, an arm was observed to come out of BMW, the male on the bike departed, and the BMW travelled back to Limbrick Street parking lot.

At 2:58 pm two men got out of the BMW and walked into the housing complex; the BMW moved and parked east of the complex.

Beginning at 3:09 pm, Mr. Bailey-Ricketts received the following text from Ms. Dittmer:

IC: I’m parked on the next street text me when to come back

OG: Why don’t u come

IC: Cuz I didn’t want to park over there it’s hot

IC: I wanted to come in

OG: Come in 94

IC: K (Vol.III, item 7)

Drug calls involving Mr. Bailey-Ricketts and customers (see Vol. III, items 9-11).

March 14, 2020

At 11:02 am, Mr. Jones called Mr. Bailey-Ricketts and the discussed how “dry” it was. Based on the context, and other related calls, I infer that what they were talking about was a shortage of drug supply in Thunder Bay.

At 12:58 am, Mr. Bailey-Ricketts called Mr. Lopez-Valencia. Mr. Lopez-Valencia noted that people were asking “for the other thing and not work” [Def Duff defined work as a general term for drugs but in the context I infer that “work” refers to cocaine and “the other thing” to heroin/fentanyl]. Mr. Lopez-Valencia discussed the possibility of sourcing it in Thunder Bay and Mr. Bailey-Ricketts rebuked him, noting he would not allow product to be obtained from another source in his “vicinities”, specifically:

Mr. Lopez-Valencia: “we could arrange like getting it from somebody here... Getting from somebody here, yeah”.

Mr. Bailey-Ricketts: “not in my vicinities, my nigger. Like, get from who? Like whoever you could get it from, you could do that but like it’s not flying around here. You know what I’m saying” (Vol.III, item 13).

At 7:27 pm, Mr. Bailey-Ricketts called Mr. Charley. Mr. Bailey-Ricketts noted he was “here in the zone” [Mr. Bailey-Ricketts is in Thunder Bay at the time of the call – see map of LBS data for approximate location – exhibit 36, p.32] while Mr. Charley was at the bar. Mr. Bailey-Ricketts noted he was going to miss “granny’s thing”, and Mr. Charley noted he was about to go there [I note that Mr. Bailey-Ricketts’s grandmother lived at 568 Lauder]. Mr. Charley said he was about to go there, and Mr. Bailey-Ricketts noted that “F” [KG] was supposed to go over there. Mr. Charley said he had been. Mr. Bailey-Ricketts noted he planned to fly in tomorrow as something happened to the car. Mr. Charley asked what was happening with “my youth” [in context I infer they are referring to Mr. Jones]. Mr. Bailey-Ricketts responds that he’s all here; he’s making the best of his opportunities but “it’s not the same like when we’re here January fam, I have like two…I have like three cribs we could like, trizzy out of right now, you know what I’m saying?” Mr. Bailey-Ricketts and Mr. Charley go on to discuss the need for money, and Mr. Bailey-Ricketts notes that they need to “front some drugs from a man or rob a man for some drugs or one of the two dog.” They also needed a “certified worker” to “mold” (Vol.III, item14).

March 16, 2020 (Cinto Roy)

Beginning at 9:54 am, Mr. Bailey-Ricketts calls Ms. Dittmer and checks in on her. He chastises her for giving “spots” and notes that people were pushing their luck because he wasn’t there. They speak again later in the day, beginning around 4:45 pm, about money, additional places to stay in Thunder Bay….

At 12:46 pm Mr. Bailey-Ricketts met KG met on the sidewalk near 568 Lauder and they walked back toward 568 Lauder. At 1:32 pm the Nissan Rogue CKDL 858 (associated to Mr. Charley and referred to hereafter as the Nissan Rogue, or Rogue) that had been parked in front of 568 Lauder was observed leaving the area.

At 1:08 pm Mr. Jones called Mr. Bailey-Ricketts. Mr. Bailey-Ricketts noted he was in “the zone” [Mr. Bailey-Ricketts was in Toronto in the area of 568 Lauder at the time - see map of LBS data for approximate location – exhibit 36, p.33 ]. They discuss getting “dizz”, keeping the trap house “low-keyed, like an undercover triz”, to avoid conflict with rivals (two other trizzies were “ganged up and beefing”), and the need for “dizzle”. Mr. Bailey-Ricketts said that they will “deal with that” when he gets back to Thunder Bay from Toronto (Vol.III, no.21). Based on Det Duffus’ evidence and the context, I infer that “dizz” and “dizzle” refer to fentanyl, or heroin mixed with fentanyl.

At 6:22 pm KG was observed outside High Life getting into a Beck taxi.

March 17, 2020 Thunder Bay (Darren Daniw; Jillian Young; Jason Vadervegte; Thomas Harrison; George Convey; Richard Cranston; Jamie Ball

Mr. Bailey-Ricketts observed arriving at the Thunder Bay airport around 10:30 am (flying in from Toronto), being picked up by a woman driving a black Ford hatchback BVMN941 and driven to 369 Syndicate Avenue North, the Dollarama at Centennial mall, 1420 Arthur Street, the Metro at Centennial mall, then back to 1420 Arthur Street. The driver was a woman with red hair. There was another woman in the front passenger seat when the Ford drove to and from the Metro and Mr. Bailey-Ricketts sat in the back. The Ford was observed later in the day at both 369 Syndicate Avenue North and at 1420 Arthur Street. Surveillance photographs were taken at various points, see eg. exhibit 21.

March 20, 2020 (Andrew Mavrou; Pascal Li)

Around 12:44 pm Mr. Bailey-Ricketts exited 568 Lauder. At 12:48 pm he went back inside 568 Lauder, accompanied by KG.

At 12:58pm the Rogue was parked on Lauder across the street from 568. Mr. Charley exited the front passenger seat and entered 568 Lauder. At 1:09 pm Mr. Charley left and drove away (surveillance photographs taken – exhibit 22).

March 21, 2020 Thunder Bay (Jillian Young)

Around 10:30 am, the BMW arrived at 369 Syndicate Avenue North. Mr. Bailey-Ricketts entered carrying a Foot Locker bag, large suitcase, and maybe a black backpack. About 15 minutes later he left carrying white plastic bag and a Nike duffle bag.

March 22, 2020

Mr. Charley reports to Mr. Bailey-Ricketts his plans to conduct a home invasion robbery (Vol.V, items 2-4).

March 25, 2020 (Andrew Mavrou)

At 12:35 pm the Nissan Rogue parked outside 568 Lauder Ave. Mr. Charley exited and walked toward 568 Lauder. He left the residence at 12:39 pm, got back in his car and drove away.

At 2:15pm Mr. Bailey-Ricketts was observed to exit 568 Lauder and enter the front pass seat of a white BMW CKPN518. At 2:17 pm Mr. Bailey-Ricketts exited the BMW and returned to 568 Lauder.

March 26, 2020

Mr. Bailey-Ricketts and Mr. Charley discuss the cost of a “crib”, and Mr. Bailey-Ricketts says it is about $2100 for the month. They discuss the relative performance of Mr. Jones and Mr. Lopez-Valencia (“Fat Ass”) with Mr. Charley noting that at least with Mr. Jones “you could tell him what to do” (Vol.V, item 16).

March 27, 2020 (Det Patrick Plunkett)

At 12:14 pm Ms. Dittmer and Mr. Bailey-Ricketts exited the front door of 568 Lauder Ave, carrying bags, put their bags into the BMW, and drove away (Ms. Dittmer driving; Mr. Bailey-Ricketts in front passenger seat).

Javier John and an unknown male exit 568 Lauder. Mr. John appeared to be holding Canadian currency in his left hand (the colour of a $20 bill is visible), and a clear plastic bag with a white substance in his right hand (exhibit 8-7).

March 28, 2020

Mr. Bailey-Ricketts and Mr. Charley discuss what Mr. Charley should bring with him to Thunder Bay. Mr. Charley asks if F [the intercepts as a whole make clear this is KG] linked Mr. Bailey-Ricketts, and Mr. Bailey-Ricketts says he did and he “knows how the kid operates”. Mr. Bailey-Ricketts notes KG “supposed to get some…C-Bizzy for me” and asks Mr. Charley for it. Mr. Charley confirms Mr. Bailey-Ricketts wants “CB” [it is unclear to me what CB or C-Bizzy is – Det Duffus was not sure – but in context I believe it to be drug related] (Vol.V, items 20).

March 29, 2020 Thunder Bay (Jason Vadervegte, Perry Morgan, Darren Daniw, George Convey, Andrea MacInnes, Jamie Ball)

Around 5:35 pm Mr. Charley’s Nissan Rogue was observed coming off highway 1117, turning into the parking lot at the Comfort Inn and backing in next to the BMW at the side of the hotel. Around 5:44 pm Mr. Bailey-Ricketts came out of the hotel and met the people in the Nissan Rogue (see surveillance photographs in exhibit 30). The front passenger came out of the Rogue - I easily recognize him as Mr. Lopez-Valencia (Mr. Lopez-Valencia was before me at the beginning of trial, and made submissions on behalf of his request for an adjournment): R. v. Nikolovski, 1996 CanLII 158 (SCC), [1996] 3 SCR 1197. Mr. Bailey-Ricketts got into the back of the Nissan Rogue, then returned briefly to the hotel, before coming outside again. Around 5:58 pm the BMW and the Nissan Rogue left in tandem and drove to 369 Syndicate Avenue North.

Around 7:30 pm the Nissan Rogue, the BMW, and a Nissan Ultima left area of 369 Syndicate Avenue North and drove in tandem to the Victoriaville mall.

April 2, 2020

At 6:47 pm Mr. Bailey-Ricketts called Ms. Dittmer and asked if she still had “the work in a sweater pocket”? She responded yes, and they discussed fact that “Jimmy” wanted “three bills” ($300). At 7:13 pm Mr. Bailey-Ricketts called Ms. Dittmer again and she told him she was nearly there. He told her to make sure Jimmy brought his scale out and to give him 3.5, or 3.4 if he was not watching. Mr. Bailey-Ricketts told her to call when she was finished because Terry wanted something as well. At 7:17 pm Mr. Bailey-Ricketts called Jamie Young and told him to come outside in two minutes and bring his scale. At 7:22 pm Ms. Dittmer called Mr. Bailey-Ricketts and told him she saw him and had 2 45 left. Mr. Bailey-Ricketts told her 262 Mary. (Vol.VII, items 11-14).

April 6, 2020 Thunder Bay (Cinto Roy)

Around 11:30 am Mr. Charley left 568 Lauder and got into the Nissan Rogue and drove away.

April 10, 2020

Mr. Bailey-Ricketts had the following text exchange with 226-406-3743 (Vol.VIII, item 22):

IC: Hey Kev, Can my friend get ½ a game for $150. Al and Christian

OG: Yes Ma

IC: how long Al and Christian

IC: Will u be Al and Christian

OG: 5mins

OG: come down

OG: here

April 11, 2020

The texts continued (Vol.VIII, item 22):

IC: Can u stop by I have $150. Al and Christian

IC: My girlfriend is here rn Al and Christian

OG: Come out in 3min

IC: Hey can you stop by again Al and Christian

IC: for the same 150 Al and Christian

OG: Come down

IC: Can you bring another ½ game right away Al and Christian

IC: Hey r u close Al and Christian

OG: Yes 5min

IC: np} Al and Christian

OG: Come out

IC: Ok Al and Christian

At 3:53 pm, Chrissy calls Mr. Bailey-Ricketts and asks for “half ball… the same as last time.” Mr. Bailey-Ricketts said 15 minutes (Vol.VIII, item 23).

April 14, 2020 (Michael Balint, Jeremy Miles)

At 10:24 am Mr. Charley called Mr. Bailey-Ricketts and Mr. Bailey-Ricketts asks about F and whether he went “OT”. Mr. Bailey-Ricketts says he is going back one last time. KG then called Mr. Charley on another line, and they make plans to meet as KG wants to “run you my gameplan”. Mr. Charley resumed the call with Mr. Bailey-Ricketts and confirmed that KG was not OT and they were going to meet and discuss KG’s game plan. Mr. Bailey-Ricketts said he wanted “to see him too” and Mr. Charley says he would pick up KG and bring him there (Vol.VII, item 24). Mr. Bailey-Ricketts was referred to as “Chop Boss”, which I infer suggested drug sale boss (Det Duffus defined “chops” as drug sale).

A group of people were talking and drinking beer in a parking lot adjacent to an apartment building at 100 Lowtherton, including Mr. Charley (with his Nissan Rogue) and Mr. Herrington (with his Dodge Charger). At 9:02 pm Det Balint heard screaming and arguing followed by a single “pop” of what sounded like a gun being fired, after which time everyone in the parking lot fled. Det Balint believed the shot came from men driving a Honda, who were outside the parking lot. Det Balint searched for a bullet casing, or evidence that someone had been shot, but did not find anything.

April 16, 2020 (Brandon Polak)

Around 8:03 pm a gray dodge charger CJTX212 (associated to Brian Herrington) was parked across the street from 568 Lauder. Around 8:57 pm someone went into driver’s side of Dodge and then into front door of 568 lauder. At 9 pm two people got into the Dodge and it drove away.

April 18, 2020

At 12:17 am Mr. Bailey-Ricketts received the following texts from 226-406-3743 (Vol.VIII, item24):

IC: need a half-ball dizz if good. Cash is here. Me and Chrissy are alone Al and Christian

IC: Guys are gone for a few days. Al and Christian

At 6:24 pm Mr. Charley called Mr. Bailey-Ricketts noting he was patrolling the block, and seeing a “lot of red in the trenches right now”; he was “circling.” Mr. Bailey-Ricketts asked where Mr. Charley’s “homey” was; Mr. Charley confirmed Mr. Bailey-Ricketts was referring to “F” (or KG) (Vol.VII, item 38).

April 19, 2020

Mr. Bailey-Ricketts received a text asking if he was in town as the person needed “a price on a zip” (Vol. VIII, item 25).

April 20, 2020

At 12:40 pm Mr. Bailey-Ricketts asks Mr. Charley to “rendezvous”. Mr. Charley asks about what and Mr. Bailey-Ricketts says “don’t say a word. I can make a quick-as.” Mr Charley says he will come by. (Vol.VIII, item 26)

At 7:51 pm, Mr. Charley asked Mr,Guillaume “when you trying to out there?” KG responds: “Immediately.” Charley: “So…so then pack your bag then.” This is followed by discussions about leaving in the morning. (Vol.VIII, item 27)

At 10:51 pm KG called a taxi asking to be picked up at 568 Lauder Ave (Vol.VIII, item 28). LBS data placed KG and Mr. Bailey-Ricketts and Mr. Charley’s mobile devices around the area of 568 Lauder around this time.

LBS data showed KG traveled to an area near the 401.

April 21, 2020 (Det Patrick Plunkett)

At 10:58 am the BMW parked on the street outside 568 Lauder Ave. Ms. Dittmer exited the driver’s seat, opened the rear hatch and looked inside. At 11 am Mr. Bailey-Ricketts exited the front passenger seat, opened the rear hatch and looked inside then returned to the front passenger seat. At 11:05 am Mr. Bailey-Ricketts entered 568 Lauder, appearing to use a key. At 11:14 am Mr. Bailey-Ricketts emerged from 568 Lauder and got back in the BMW, and the BMW drove away. Neither Ms. Dittmer nor Mr. Bailey-Ricketts were carrying any bags.

LBS data showed Mr. Bailey-Ricketts stopped in the area around 401. I infer that he picked up KG at this time.

Shortly after 4 pm, police stopped a taxi containing Mr. Bailey-Ricketts, Ms. Dittmer, and KG on highway 400 just north of Barrie. At the same time, a tow truck pulling the BMW pulled over. Police arrested the occupants of the taxi for possession of cocaine for the purpose of trafficking, and seized their bags from the back of the taxi – a black Nike duffel bag, a purse, a black puma bag, and a grey or silver Nike bag. After the occupants were released later that evening, police had them pick up their bags on their way out. KG was first out; he selected the grey or silver Nike bag and a plastic bag. Ms. Dittmer was next; she selected the black puma bag. Mr. Bailey-Ricketts was last out; he selected the black Nike duffel bag and the gaming consul.

At the time of his arrest, Mr. Bailey-Ricketts wearing a blue baseball cap, a black hip length jacket with a fur-lined colour, a black and white wind-breaker, with black on top, white on bottom, and black and blue sleaves, jeans, shoes with blue, two gold chains, including one with a rectangular medallion containing the sky-line of Toronto, as shown in the booking video and stills (made exhibit 37). One of officers involved in the arrest, Michael Milligan, identified a photograph of the gold pendant and jacket seized during search of the Econo Lodge on May 7, 2020 as the pendant and jacket Mr. Bailey-Ricketts was wearing when he was arrested on April 21, 2020.

Police seized the following items from the front pouch of the sweater Ms. Dittmer was wearing when she was arrested:

• A purple rock, weighing 0.6 grams, found wrapped in brown packing tape inside a black glove (assigned Canada Health certificate #ON0081664 and found to contain fentanyl);
• A dark purple rock, weighing 1.0 grams (assigned Canada Health certificate #ON0081665 and found to contain opium and some form of Fentanyl);
• A purple rock weighing 6.5 grams inside the brown packing tape and black glove (a 1 g sample assigned Canada Health certificate #ON0081666 and found to contain heroin and fentanyl);
• 57.8 g of a chunk of white powder (1.2 g sample assigned Canada Health certificate #ON0081667 and found to contain cocaine and phenacetin).

Police seized the following from inside the silver or grey Nike backpack (that KG took with him when released):

• A 20.9 g light purple rock (2 g sample assigned Canada Health certificate #ON0081668 and found to contain heroin, fentanyl, and caffeine);
• A 44.5 g dark purple rock (a sample assigned Canada Health certificate #ON0081669 and found to contain heroin, fentanyl, benzodiazepine, and caffeine);
• 59.1 g of white rocks tied up in plastic (0.6 g sample assigned Canada Health certificate #ON0081670 found to contain cocaine).

The grey or silver Nike backpack also contained a green dragon digital scale wrapped in a lottery ticket, proshield black XL gloves, and a box of Ziplock sandwich bags, and additional packages of what appeared to be cocaine.

Each of the three individuals was carrying Canadian cash, which was seized: $1325 from the black duffel bag that Mr. Bailey-Ricketts picked up; $605 from the black puma duffel bag that Ms. Dittmer picked up; $685 from the grey or silver Nike backpack that KG picked up.

Nothing of interest to police was found in the black Nike duffel bag that Mr. Bailey-Ricketts took with him when released. It contained male and female clothing.

The BMW contained a woman’s Steve Madden purse in the hatchback space behind the back seat. It contained a working digital scale, and clear plastic baggies (see photographs made exhibit 47).

May 7-8, 2020 Thunder Bay (Gregory Stewart, George Convey, Richard Cranton, Dan Bartol, Jamie Ball)

Beginning around 2:40 pm, a team had the BMW under continual surveillance.

Around 2:50 pm, the surveillance team followed the BMW, with Ms. Dittmer driving and Mr. Bailey-Ricketts in the passenger seat, to 1112 Crawford Avenue where it remained for approximately 7 minutes.

Around 3:30 pm, the BMW parked near the rear south door of the Econo Lodge, and Ms. Dittmer and Mr. Bailey-Ricketts carried duffel bags inside. Police learned that room 127 was registered to Mr. Bailey-Ricketts.

Around 3:41 pm “Jackie” called Mr. Bailey-Ricketts and asked for a ball (3.5g) or more and whether it is still $300. Mr. Bailey-Ricketts said he would be on Main street and would sell it for that price because he likes her. (Vol.X, item 7)

At 7:20pm Al Fulton texted Mr. Bailey-Ricketts “What’s up bro……Do you have and Dizz” (Vol X, 008). A minute later, at 7:21 pm, a male using the same number called Mr. Bailey-Ricketts and told him he had a buddy with $100 who needed 3 points (Vol X, 009). Based on the descriptor and the amount and price, I infer that dizz refers to heroin and/or fentanyl.

Around 7:55 pm the BMW pulled out of the parking lot and onto Memorial where it was stopped by police. Ms. Dittmer was driving and Mr. Bailey-Ricketts was in the front passenger seat. No one else was inside.

The BMW was searched and found to contain:

• a small clear plastic bag containing a blue rock like substance that looked like fentanyl was on the floor of the front passenger seat (as shown in photographs 8, 15, 20 of exhibit 38); it weighed 1.8 g and proved to contain cocaine (LL0371781);
• TD cards were in the front counsel: a debit card with no name, and a credit card in the name of Victoria Mary-Ann Dittmer (as shown in photograph in exhibit 38);
• a box of disposable gloves on the floor adjacent to the rear passenger side seat.

Room 127 of the Econo Lodge was searched and found to contain:

• a baggie containing what appeared to be cocaine and fentanyl was under top right corner of the mattress (when standing at the bottom of the bed and looking toward the top); the white powder weighed 8.5 g and contained cocaine (ON0029276); the blue crystal substance weighed 21.2 g and contained cocaine and phenacetin (ON0029277);
• a black digital scale in working order with white residue;
• the jacket in photo in ex 40 (worn by Mr. Bailey-Ricketts during his arrest on April 21, 2020, and during surveillance on March 29, 2020) was found in the closet with $255 Canadian cash and the receipt for a $250 hotel room deposit in the pockets;
• a gold Toronto skyline pendant was found somewhere in room (worn by Mr. Bailey-Ricketts during his arrest on April 21, 2020).l

The house at 369 North Syndicate Avenue North was searched and found to contain:

• a working digital scale contaminated with a white substance believed to be cocaine was on the counter next to the fireplace in the living room;
• a bag containing white powder was in the cupboard below the sink in the bathroom; it weighed a total of 41.5 g and a 0.3 g sample was found to contain of phenacetin (Health Canada Certificate LL0353063);
• a white box in the closet next to the bathroom contained:
  • A white powdery substance wrapped in clear plastic knotted. It weighed a total of 18.4 g. A 0.3 g sample was tested and found to contain of cocaine and phenacetin (Health Canada Certificate LL0353064);
  • a small zip lock baggie of white powder (weighing 2.3 g; a 0.3 g sample was tested and found to contain baking soda – LL0343065);
  • a small piece of what appeared to be crack cocaine (weighing 0.3 g and found to contain cocaine and phenacetin – LL0371778);
  • the box also contained a lighter, a spoon, and a crack pipe.

The photographs taken prior to the search show a black winter jacket with fur around the hood (photograph 113 of exhibit 45). It looks the same as or very similar to Mr. Bailey-Ricketts’s winter jacket.

May 10, 2020

KG went to a car (with license CKCO 819) outside 568 Lauder, entered the front passenger seat, then returned inside 568 Lauder. Seven minutes later KG re-entered the front passenger seat and the vehicle left (see photographs at exhibit 8-9).

June 12, 2020

On June 12, 2020, Jose Lopez Valencia, and the other occupants of a vehicle driving north on the 400 to Thunder Bay from Toronto, was arrested for possession of drugs for the purpose of trafficking. No contraband was found during an initial search of the vehicle and its occupants. Back at the detachment, DS Beamer decided, based on his experience and the circumstances, that it was appropriate to conduct a level 3 search of Mr. Lopez-Valencia. He explained this, and his grounds. Mr. Lopez-Valencia then confessed he had a baggie of cocaine tied in his shorts and asked if it was still necessary to search. DS Beamer explained it was. Beamer found four baggies of white powder in zip lock bags tied in JLB’s shorts:

• 29 g, 0.8 g sample contained phenacetin (Health Canada Certificate ON0123608)
• 28.1 g, 1 g sample contained cocaine and phenacetin (Health Canada Certificate ON0123609)
• 28 g, 1 g sample contained cocaine and phenacetin (Health Canada Certificate ON0123610)
• 28.2, 3.2 g sample contained cocaine and phenacetin (Health Canada Certificate ON0123607)

August 20, 2020

Mr. Charley was arrested after a brief chase and found in possession of a firearm. The firearm was a revolver wrapped in a child’s jacket inside a child’s backpack that he picked up from 119 Genela Square in Scarborough. A sock in the same knapsack contained four rounds of 44 calibre ammunition.