Canada RCMP File: ONTARIO SUPERIOR COURT OF JUSTICE {Toronto Region) IN THE MATTER OF an application for a Production Order pursuant to section 487.012(1) of the Criminal Code. AND IN THE MATTER of an application for Assistance Orders pursuant to section 487.02 of the Criminal Code PRODUCTION ORDER TO: Sergeant Gordon Aristotle TO: Scott Hutchison TO: Wayne Doney UPON READING the information on oath of Sergeant Gordon Aristotle, a Peace Officer, and a member of the Royal Canadian Mounted Police in the Province of Ontario, dated March 4, 2015; AND UPON BEING SATISFIED that the requirements of section 487.012(1) of the Criminal Code have been met; AND UPON BEING SATISFIED that there are reasonable grounds for believing that the following offences have been committed, namely: © Section 322 Theft Criminal Code: * Section 336 Criminal Breach of Trust Criminal Code; * Section 380 (1) Fraud Criminal Code; * Section 462.31 Laundering the Proceeds of Crime Criminal Code; and * Section 341 Fraudulent Concealment Criminal Code. AND UPON BEING SATISFIED that the following data will afford evidence of the said offences: a. Copies of emails from the Ontario Provincial Police Association (OPPA) email accounts of Karl Walsh, Jim Christie and Martin Bain contained on One Memorex DVD labelled " 2014 Email backup JC"; One Memorex DVD labelled “Oct 2014 Email backup KW MB"; and One Kingston Data Page 1 of 5Traveler Vault Privacy 2 GB jump drive, blue in color for the time period of September 1, 2013 to present pertaining to: v. ii. |. Association, ownership or control over any company by the Ontario Provincial Police Association (OPPA), Karl Walsh, Jim Christie, Martin Bain, Klara Kozak, Noel Francis Chantiam, or Andrew McKay, |. Investment or ownership by the OPPA, Karl Walsh, Jim Christie, Martin Bain, Klara Kozak, Noel Francis Chantiam, or Andrew McKay in investments including but not limited to: real property, corporations, securities, and bank accounts; Any business transaction made by the OPPA, Karl Walsh, Jim Christie, Martin Bain, Klara Kozak, Noel Francis Chantiam, or Andrew McKay; ._ Communication between any of the following individuals: Kar Walsh, Jim Christie, Martin Bain, Klara Kozak, Noel Francis Chantiam, Barry McKay, Andrew McKay or Natasha Vieira; and OPPA expenses, annual leave, or the payout of annual leave. AND UPON BEING SATISFIED that the requested data is in the possession or contro! of Detective Inspector Chris Avery of the Ontario Provincial Police. IT 1S HEREBY ORDERED THAT Detective Inspector Chris Avery of Ontario Provincial Police shall produce the requested data to Sergeant Gordon Aristotle of the Royal Canadian Mounted Police (RCMP), at the RCMP Detachment located at 345 Harry Walker Parkway South, Newmarket, Ontario, as soon as practicable and, in any case, no later than 30 days from the date of this Order. AND THAT the following independent lawyer be appointed to act as the Chief Referee in order to protect solicitor-client privilege: Scott Hutchison Henein Hutchison LLP ‘3rd Floor 235 King Street East Toronto, Ontario LSUC # 29912J Page 2 of SAND THAT the following Independent Certified Forensic Examiner (iCFE) be appointed to assist the Police and the Chief Referee in the search, and seizure of the data: Wayne Doney Digital Evidence International Inc. 400 Queens Ave., London, Ontario ‘SPECIAL CONDITIONS FOR THE PRODUCTION ORDER: lL Sergeant Gordon Aristotle will seize the data from Detective Inspector Avery. The data will be sealed and will not be examined by the police. The data will be delivered to the ICFE as soon as reasonably practicable. Ml The ICFE will receive the seized data from the police. If possible, the ICFE will image the data to create a sound duplication. Hl, The ICFE will conduct key word searches on the data or the images of the data. The list (s) of key words will be supplied to the ICFE by Sergeant Gordon Aristotle or his designate. The ICFE will provide the results of the key word ‘searches to the Chief Referee. IV. The ICFE will maintain continuity, security, and store the data and the images of the data, until the forensic examination is completed. Upon the completion of the forensic examination the ICFE will deliver all the data and any copies or images thereof to the custody of the Chief Referee. POST SEIZURE DUTIES OF THE CHIEF REFEREE: ve The Chief Referee will receive the data from the ICFE. Upon receipt, the Chief Referee will maintain continuity and security, and be responsible for the storage of the data until otherwise ordered by the Court, VI. The Chief Referee will examine the data and assert solicitor-client privilege if applicable. vil If the Chief Referee does not assert privilege over any data it will be released to the police as soon as reasonably practicable. The Chief Referee will contact Sergeant Aristotle, and make arrangement for the release of the data. Vill. In the case of any data where privilege has been asserted, the Chief Referee will separate the data into three categories, and prepare a report that will provide the Court with rationale why the data: 1. In the opinion of the Chief Referee is not protected by solicitor client- privilege. Page 3 of 5Ix. 2. In the opinion of the Chief Referee may be protected by solicitor client- privilege, 3. In the opinion of the Chief Referee should be protected by solicitor client- privilege. The Chief Referee will be responsible for notifying clients who have been affected by the execution of the search warrants, or whose data have been seized pursuant to the search warrants. This notification will occur as soon as reasonably practicable following the execution of the search warrants and may include advising clients of: a. The seizure of any of their data; b. The tisk to their privilege interests by the investigative or prosecutorial authorities; c. The existence of a conflict of interest if one has arisen; 4. The right to seek and obtain legal advice and legal representation; e. How solicitor-client privilege may be asserted; {. How to request a hearing to determine any issue of privilege by the Court; and 9. Any other information to assist them in protecting their interests as a result of the search for and seizure of their data. ‘The Chief Referee may notify the clients either verbally or in writing and may request the assistance of the Police in the notification Process. In the event that clients cannot be notified after all reasonable attempts, the Chief Referee may take steps that will afford continued protection of the clients’ solicitor-client privilege, including responding to the Crown's application to gain access to the seized material, or bringing a motion to have the privilege issues adjudicated by the Court. DATED this _S day of March, 2015 at the City of Toronto in the Province of Ontario, Judge of the Superior Court of Ontario JUSTICE NORDHEIMER, Page 4 of 5apieaS = ie bree Payee: itihgt erie Be Sr sta SSH ESAT ait JNGUR G! prawn pM init Oe agra AP i AA ae ane P ncroncna anna, boTehee? irra wascamt Nee edi ba eda fi - Pvaaypeet canna oe Tepe CAONTARIO SUPERIOR COURT OF JUSTICE (Toronto Region) IN THE MATTER OF an application for a Production Order pursuant to section 487.012(1) of the Criminal Code. AND IN THE MATTER of an application for Assistance Orders pursuant to section 487.02 of the Criminal Code PRODUCTION ORDER Sergeant Gordon Aristotle Royal Canadian Mounted Police 345 Harry Walker Parkway South Newmarket, ON Page: