Court File and Parties
CITATION: R v Voss et al and R v. Cowan et al, 2026 ONSC 3123
COURT FILE NO.: CR-23-0043-00, CR-23-0024-00
DATE: 2026-05-27
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: R v. Voss et al and R v. Cowan et al
HEARD: May 25, 2026
BEFORE: Regional Senior Justice D. Newton
PRESENT VIA ZOOM:
Crown Joe Heller and John Corelli
J. Gratl and T. Rauch-Davis for the Estate of Norval Morrisseau, proposed intervenor
C. Rosemond – Counsel to Brent Merrill
R. Leblanc (unrepresented)
D. Spies and M. Esly – (unrepresented) for Thunder Bay Art Gallery -(TBAG
U. Matulic - (unrepresented)
R. Sinclair – (unrepresented)
J. Rosenthal - counsel to R. Murphy not appearing, R. Murphy appearing
A. Azzolini – (unrepresented)
J. Sommer for self, K. Hearn, and Whetung Ojibawa Centre, not appearing
A. M. Heisey, Counsel to M. Cortelucci, not appearing
C. Ralphs – (unrepresented), not appearing
ENDORSEMENT
[1] Following submissions on the Estate’s intervention applications I held a case conference to discuss matters to be addressed at the next case conference scheduled for 2 p.m. EST June 26, 2026 via ZOOM.
[2] The Crown has brought three applications for the:
a. Return of 117 paintings or objects of art to five parties relating to objects seized in the Voss and Lamont investigations;
b. Forfeiture of 464 paintings or objects of art seized from fifteen parties in the Voss and Lamont investigations; and
c. Forfeiture of 765 painting or objects of art seized from three parties in the Cowan, White and Bremner investigations.
[3] These applications are scheduled to commence before me on November 16, 2026.
[4] The Crown has confirmed that the evidentiary basis for these applications will consist of the guilty pleas and agreed statements of facts filed to support those pleas and convictions, the trial evidence and sentencing findings, and the evidence of Forensic document Examiner Javaid Khan with respect to 11 specific objects only.
[5] Before this material can be shared with the parties, including the Estate, the Crown requires each party to sign an undertaking confirming:
a. that this material will be used only for the purpose of responding to the forfeiture application and for no other purpose; and
b. that the material or information is not to be improperly circulated to anyone and not disseminated to the public or media without an order from the Ontario Superior Court of Justice.
[6] Upon receipt of the undertaking the Crown undertakes to deliver this disclosure electronically to the parties by June 12, 2026.
[7] At the June 26, 2026, case conference I will review the status of disclosure, seek submissions on what other evidence any party may seek to introduce, and set a schedule for the delivery of any additional evidence.
[8] Following completion of Disclosure, the Crown will prepare application records which will include affidavits from police officers setting out the history of the seizures and related information and a “Will Say” from a First Nation Elder addressing harm to First Nations arising from these forgeries. At the June 2026, case conference I will address the scheduling of the delivery of the application records and any responding material.
[9] Any other outstanding issues are to be addressed on June 26.
[10] Any party wishing to address any issues at the next case conference should circulate a brief memo on those issues to all other parties and then upload to Case Centre.
[11] Court Services is to create two additional Case Center bundles: 1. Forfeiture Hearing 2. Crown Application for Return of Property.
The Honourable Justice D. Newton R.S.J.
Released: May 27, 2026
CITATION: R v Voss et al and R v. Cowan et al 2026 ONSC 3123
COURT FILE NO.: CR-23-0043-00, CR23-0024-00
DATE: 2026-05-27
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: R. v. Voss and R. v. Lamont and R. v. Cowan, R. v. White, and R. v. Bremmer
BEFORE: D. Newton R.S.J.
COUNSEL:
Crown Joe Heller and John Corelli
J. Gratl and T. Rauch-Davis for the Estate of Norval Morrisseau, proposed intervenor
C. Rosemond – Counsel to Brent Merrill
R. Leblanc (unrepresented)
D. Spies and M. Esly – (unrepresented) for Thunder Bay Art Gallery -(TBAG
U. Matulic - (unrepresented)
R. Sinclair – (unrepresented)
J. Rosenthal - counsel to R. Murphy not appearing, R. Murphy appearing
A. Azzolini – (unrepresented)
J. Sommer for self, K. Hearn, and Whetung Ojibawa Centre, not appearing
A. M. Heisey, Counsel to M. Cortelucci, not appearing
C. Ralphs – (unrepresented), not appearing
ENDORSEMENT
D. Newton R.S.J.
DATE: May 27, 2026