Retired Ontario Provincial Police Inspector Bill Van Allen publicly attacks Julian Fantino for exposing brother’s corruption

Donald Best highly recommends Bill Van Allen’s Criminal Investigation textbook.

Corrupt cop’s brother attacks Fantino in National Post.

I like and respect retired OPP Inspector Bill Van Allen although I’ve never met him. We do seem to have a difference of opinion about his brother, former OPP Detective Sergeant Jim Van Allen. Since Bill has publicly jumped into the discussion by launching Ad hominem attacks against former OPP Commissioner Julian Fantino and yours truly in the National Post, I’ll pick up gauntlet here and lead Bill through the overwhelming and irrefutable evidence that proves corrupt and illegal acts by his brother Jim.

(Interesting that Bill Van Allen’s National Post comment doesn’t mention that he has skin in the game as his brother is the retired OPP officer whose criminal misconduct Fantino condemns in his affidavit. Also interesting is that Bill Van Allen does not (because he cannot) argue against the evidence that shows his brother committed corrupt acts. Bill can only question Fantino’s motives and call me ‘delusional’ – the very essence of an Ad hominem attack.)

Bill publicly attacked former Commissioner of the Ontario Provincial Police Julian Fantino for filing a sworn affidavit that includes evidence that Bill’s brother Jim Van Allen – also a retired OPP officer – committed provincial, federal and criminal offences while he was a Detective Sergeant in charge of the OPP’s elite Criminal Profiling Unit.

In this case, Bill’s affection and loyalty to his brother has caused him to ignore the overwhelming evidence and to publicly attack a fellow (former) police officer for breaking the silence, the Omertà, of the police brotherhood by exposing corruption in the ranks.

I wish I could say that this was the first time I have seen a police officer attack another police officer for exposing corruption, but sadly it is all too common.

In the mid-1980s when it became known that my Toronto Police colleagues and I had successfully infiltrated a corrupt downtown squad and were starting to arrest police officers, we couldn’t park our personal cars anywhere near the station. Calls in the middle of the night to our families, locker room threats and bullying by senior officers was the collective response to our anti-corruption investigation. My squad soon had to move from downtown to a secret office that wasn’t even at a police facility.

The most difficult part of any anti-corruption investigation is not the work itself, but the attacks that always follow as various cabals try to save valued friends and family members from prosecution and disgrace.

Retired OPP officers Jim Van Allen (left) and brother Bill Van Allen

The Evidence against Jim Van Allen

It’s unfortunate that Bill’s brother Jim created his situation by corruptly taking a few thousand dollars ‘on the side’ from lawyers who wanted access to the confidential police information that Jim Van Allen illegally provided.

You can understand how a man would want to defend his brother – but if Bill Van Allen is truly In Search of the Truth, he might want to start by looking at the invoices that his brother issued to the lawyers who hired him.

That’s right – Jim Van Allen issued at least two invoices to Fasken law firm and lawyer Gerald L. Ranking that detail his corrupt employment as an unlicensed private investigator. (October 24, 2009 and November 7, 2009)

Bill might also want to look at Jim Van Allen’s October 21, 2009 affidavit wherein Jim illegally details my drivers licence number and address history and confirms that he received my confidential Toronto Police employment record. And yes, Jim swore his affidavit on a Wednesday, his normal workday as manager of the OPP’s Criminal Profiling Unit. Very profitable for Jim Van Allen to double-dip – get paid for being on duty and get paid for doing private work on the side while on duty. Very profitable indeed.

Bill Van Allen launched Ad hominem attacks against Julian Fantino and Donald Best in the National Post, but cannot argue against the overwhelming quantity and quality of evidence detailed in Julian Fantino’s affidavit.

Readers can view a summary of Fantino’s affidavit here.

Full copies of Julian Fantino’s affidavit are available below.

What Julian Fantino’s Affidavit says about Corrupt Cop Jim Van Allen

  • “The prosecuting lawyers hired and submitted an affidavit from Mr. Van Allen. They claimed that he was a private investigator and failed to disclose that he was a serving police officer with access to police resources. This police officer obtained confidential information not available to the public which was then used by the Judge to convict, sentence and imprison Mr. Best for contempt.”
  • “Although the lawyers regularly referred to Van Allen as a ‘private investigator’ in their legal documents and on the court record in verbal submissions and discussions with the Judge, Jim Van Allen was not a licensed private investigator. James ‘Jim’ Arthur Van Allen, was in fact a serving Ontario Provincial Police Detective Sergeant and manager of the OPP’s Criminal Profiling Unit who was working secretly and illegally as an unlicensed private investigator.”
  • “From my examination of the evidence that is already filed in court and was easily available to the courts and the CJC had they examined it, it is reasonable to conclude that OPP Detective Sergeant Jim Van Allen’s inappropriate employment as a private investigator, his access to confidential information and the distribution of the same, and the very creation of his affidavit in order to benefit private parties in a civil lawsuit, represents a flagrant violation of various Provincial and Federal laws including the Police Services Act, the Private Security and Investigative Services Act, the Criminal Code and the Freedom of Information Act.”
  • “In no small way, Detective Sergeant Jim Van Allen violated his oath of office.”
  • “Detective Sergeant Van Allen’s conduct and behavior in relation to this case occurred while I was OPP Commissioner. Had I known about it at the time, I would have immediately ordered an investigation to gather all evidence to determine the details, extent and duration of his activities with a view to possible provincial and/or criminal charges against Van Allen and, potentially, charges against other involved persons.”
  • “It is inconceivable that all the involved lawyers and Judge were unaware that ‘private investigator’ and expert witness Jim Van Allen was an OPP police officer. Considering many factors, including Detective Sergeant Van Allen’s high public profile, the rules and normal vetting practices by lawyers and judges concerning Expert Witnesses, and the fact that Van Allen’s affidavit and redacted invoices were clearly suspect on their face to any ordinary person let alone lawyers and judges, it is unbelievable that nobody in that courtroom knew the truth about Van Allen or otherwise cared to find out.”
  • “I notice that Van Allen’s two redacted invoices are numbers 11 and 12 for the year 2009, which to me raises serious questions about how many other illegal investigations he had performed and which lawyer clients might have retained him previously. Had I known of his transgressions, I would have acted immediately as OPP Commissioner to deal with his rogue conduct.”

Julian Fantino affidavit & exhibits

In .PDF format for downloading. Size indicated.

1/ Affidavit of Julian Fantino sworn September 28, 2017, Notice of Motion, Written Submissions NO EXHIBITS (72 pages – PDF 8.7mb)

2/ Julian Fantino: Full affidavit including exhibits.

Fantino Vol1 with exhibits sworn Sept 28, 2017 (344 pages – PDF 43mb) – very large, will fix soon.

Fantino Vol2 with exhibits sworn Sept 28, 2017 (245 pages – PDF 22.3mb) – very large, will fix soon.

Bill Van Allen’s book, Criminal Investigation: In Search of the Truth

Bill Van Allen’s book ‘Criminal Investigation: In Search of the Truth‘ is an excellent textbook for new and aspiring law enforcement officers. The book is widely used in Canadian college policing courses and is even popular with experienced police officers. A friend gave me a copy of the second edition for Christmas back in 2010. I’ve read it cover to cover twice and strongly recommend it to all serving police officers and private investigators no matter what their background or training. Yup… that’s me at the top of this article reading Bill’s textbook.

Notice to readers, including Persons and Entities mentoned in articles

As always, if anyone disagrees with anything published at DonaldBest.CA or wishes to provide a public response or comment, please contact me at info@donaldbest.ca and I will publish your writing with equal prominence. Comments left on articles are moderated about once a day. Or, of course, you can sue me and serve my lawyer Paul Slansky. You can find Mr. Slansky’s information here.

Photos have been included to put context to the article. Their use is the same as with other Canadian news outlets.

Readers are also encouraged to thoroughly study all the evidence available here at DonaldBest.CA, to perform independent research on the Internet and elsewhere, to consider all sides and to make up their own minds as to the events reported on DonaldBest.CA.

Donald Best
Barrie, Ontario, Canada

Retired RCMP Inspector William Majcher swears affidavit about corrupt Canadian lawyers and judges

Retired RCMP Inspector William Majcher

Affidavit reveals deep-rooted corruption of lawyers and judges in British Columbia, Manitoba and Ontario

In 2002, it was revealed that William Majcher was a deep-cover RCMP police officer working against the dangerous Medellin Drug Cartel by targeting money-laundering operations in Canada.

“The Medellin Cartel, naturally, put out a contract to murder RCMP undercover officer William Majcher.”

For three years Majcher had worked undercover as a Futures and Options Commodity Trader primarily based on the floor of the Winnipeg Commodity Exchange. He took down disgraced Ontario lawyer Simon Rosenfeld and others for drug cartel money laundering, including Mark Valentine of the now-defunct Toronto-based brokerage firm Thomson Kernaghan & Co. Ltd..

Then in 2005, the RCMP removed Inspector Majcher from command of the Vancouver-based Integrated Market Enforcement Teams (IMET) – apparently because he sought nomination as a future candidate for the Conservative party. And because – much worse – in the news media Majcher alleged that the Crown prosecutors would not proceed with criminal charges against several high-profile individuals, and he hoped he could be more effective in politics than he had been in policing.

In other words – in 2005, RCMP Inspector William Majcher alleged corruption in the legal system and the system turned on him like a pack of wolves. What a surprise!

Flash forward to July 19, 2017 and William Majcher swore an affidavit in the Supreme Court of Canada civil case: Angleland Holdings Inc., Nederland Holdings Inc., John English, Paradise Beach Resorts Inc. and Pacific Rim resort vs Gergory N. Harney Law Corporation et al.

Every Canadian should read William Majcher’s affidavit and carefully consider the implications of what happens when the legal profession and justice system are allowed to police themselves with zero independent oversight and zero external accountability.

“During the course of my employment with the RCMP while working undercover or in handling criminal informants, I became tasked with knowlege and evidence of payoffs, bribery and case fixing that included judges, lawyers and court registry staff in various parts of Canada.”

If you read nothing else today, download and read William Majcher’s affidavit (720kb pdf)

Then read the case of the John English family – that Majcher swore his affidavit in support of.

Former OPP boss Julian Fantino

Another Senior Canadian Police Officer alleges corruption by judge, lawyers & police.

Former Cabinet Minister and Commissioner of the Ontario Provincial Police Julian Fantino recently swore an affidavit containing bombshell allegations of corruption by an Ontario Federal Court Justice, several lawyers and an OPP Detective Sergeant under his command at the time.

Toronto Star Article: Ex-federal cabinet minister Julian Fantino takes aim at judge, cops, lawyers. 

Fantino Affidavit Summary and Court Exhibits.

“Our justice system is self-destructing before our eyes because too many lawyers, judges and elected / appointed government officials place their profession, friends, cartels and profits before the rule of law.”

Notice to readers, including Persons and Entities mentoned in articles

As always, if anyone disagrees with anything published at DonaldBest.CA or wishes to provide a public response or comment, please contact me at info@donaldbest.ca and I will publish your writing with equal prominence. Comments left on articles are moderated about once a day. Or, of course, you can sue me and serve my lawyer Paul Slansky. You can find Mr. Slansky’s information here.

Photos have been included to put context to the article. Their use is the same as with other Canadian news outlets.

Readers are also encouraged to thoroughly study all the evidence available here at DonaldBest.CA, to perform independent research on the Internet and elsewhere, to consider all sides and to make up their own minds as to the events reported on DonaldBest.CA.

Donald Best
Barrie, Ontario, Canada

News media censorship of Julian Fantino’s Canadian Judicial Council intervention crumbles as Toronto Star publishes bombshell article

Former top-cop details evidence of corrupt acts by lawyers, police, judge

Four years after the Toronto Star first refused to cover the Donald Best story and deleted all mention of the name from the comments section of their website, the newspaper about-faced and published an article about former Ontario Provincial Police Commissioner Julian Fantino applying to intervene in Best’s judicial review about the Canadian Judicial Council and Justice J. Bryan Shaughnessy.

The Toronto Star article opens with the following bombshell statement:

“Former Conservative cabinet minister and provincial police commissioner Julian Fantino has accused a Canadian judge, lawyers and several police forces of acting improperly and even illegally in the conviction and jailing of a man for contempt of court.”

After the Toronto Star published first, the National Post, the Globe and Mail and a host of smaller outlets carried the same Colin Perkel Canadian Press story of corrupt acts by police, lawyers and a judge. (Toronto Star: Ex-federal cabinet minister Julian Fantino takes aim at judge, cops, lawyers)

Yes, Colin Perkel’s article contains important errors and omissions (some of which I correct below) and no link is provided to an actual copy of Fantino’s affidavit (pdf 8.7mb), but at least readers are now aware of an important story that was concealed from them.

The big story is that the after years of participating in a cover-up, the news media is finally acknowledging that this story is not going away, that it is important and that the supporting facts and evidence are as credible as they are disturbing.

In short, it seems likely that the Canadian news media came to the conclusion that the press could no longer withhold the Donald Best story from the public without further loss of credibility and relevance. It took the news media three months to mention Fantino’s September 28, 2017 sworn affidavit. Even then the media did not name any of the principal subjects in this story of corruption with the exception of Justice J. Bryan Shaughnessy whose name is on the official style of cause filed at court.

I’ll fix that naming omission in a moment, but first I want to address just a few of the important errors and omissions in Perkel’s article:

  • Contrary to the article’s statement that Justice Shaughnessy found me guilty of contempt of court in 2013, Shaughnessy found me guilty on January 15, 2010 at a civil court hearing that I was not told about and was not present for. Nobody represented me at the hearing. I was in Asia at the time.
  • Justice Shaughnessy convicted me based upon several lawyers’ provably false testimony – and also upon a deceitful affidavit by an ‘expert witness’ who concealed from the court that he was a serving Ontario Provincial Police detective sergeant corruptly taking bribes from the lawyers to provide them with access to confidential police information.
  • The lawyers falsely told Justice Shaughnessy in writing and orally on the court record that during a November 17, 2009 phone call with them, I had ‘confessed’ to receiving a certain court order. In fact I said exactly the opposite, that I had not received the order – but the corrupt lawyers lied to the judge. Too bad for the lawyers that I have recordings of the call that prove they lied to the judge.
  • I returned to Canada and applied to Justice Shaughnessy to remove my conviction and sentence. I presented forensically certified telephone recordings, transcripts and other credible evidence that proved the lawyers lied to the court to obtain my conviction.
  • At a hearing in May of 2013, Justice Shaughnessy refused to consider any new evidence showing my innocence. He did not listen to the recordings. He also refused to allow me to cross-examine the witnesses (lawyers and corrupt police) upon whose false evidence he had convicted and sentenced me in January 2010 while I was in Asia.
  • On May 3, 2013 Justice Shaughnessy refused to overturn my 2010 conviction for Contempt of Court and sent me to prison to serve the 3 month sentence he had already imposed in 2010.
  • After court ended on May 3, 2013, Justice Shaughnessy went to a backroom and there, off the court record and without a hearing, trial or transcript, secretly increased my prison sentence by 50% without notifying me. He secretly created a new warrant of committal with increased jail time that he gave only to the prison authorities. He did not file the new secret warrant with the courts or make mention of it anywhere in the records.
  • Later, higher courts denied me the right to appeal my conviction because I could not pay hundreds of thousands of dollars in court costs earlier awarded to the other side on the basis of their provably fabricated and false evidence.
  • I was not even allowed to cross-examine the lawyers and other witnesses that Shaughnessy relied upon to convict and imprison me. I was not allowed to cross-examine the corrupt Ontario Provincial Police officer. To this day, no court has listened to the forensically certified voice recordings of my telephone call with the lawyers that prove the lawyers lied to the court to convict and imprison me.
  • Every judgment of every reviewing court considered only the evidence that Justice Shaughnessy allowed. Every judgment of every reviewing court is tainted by the fact that Justice Shaughnessy and all the reviewing courts deliberately excluded the evidence that exonerated me. 
  • When I could not pay hundreds of thousands of dollars in previous court costs, the court refused to hear my appeal. I served 63 days in prison because I could not pay court costs awarded during a civil matter; with every minute spent in solitary confinement as I am a former police officer. Prison authorities said that solitary was the only place where they could keep a former police officer alive.

This is also the true story of how, when confronted with forensically certified telephone recordings and other irrefutable evidence proving that lawyers fabricated evidence and lied to the court to convict a person of contempt – the Canadian legal profession and courts closed ranks to save the corrupt lawyers, even when that meant sending an innocent man to prison.

The People behind the Corruption

Here are the names referred to in Fantino’s affidavits, the supporting exhibits and the underlying case filings:

Corrupt Ontario lawyers Sebastien Kwidzinski, Gerald Ranking & Lorne Silver lied to the courts.

Lorne S. Silver – Corrupt lawyer with the Toronto office of Cassels Brock & Blackwll LLP law firm. Fabricated false ‘Statement for the Record’ on November 17, 2009. Falsely informed Justice Shaughnessy that Donald Best had ‘confessed’ during a phone call to receiving a court order. Conspired with Justice J. Bryan Shaughnessy and Gerald L. Ranking to backdate a court order ten full days. Admitted to putting Donald Best in prison to extort evidence and settlement in a different legal case filed in another jurisdiction – Florida.

Gerald L. Ranking – Corrupt lawyer with the Toronto office of Fasken Martineau DuMoulin LLP law firm. Fabricated false ‘Statement for the Record’ on November 17, 2009. Falsely informed Justice Shaughnessy that Donald Best had ‘confessed’ during a phone call to receiving a court order. Lied to the court about serving court documents upon Donald Best. Conspired with Justice J. Bryan Shaughnessy and Lorne Silver to backdate a court order ten full days. Fraudulently filed court papers for, and claimed to represent, a purported client that he knew was actually a fraudulent non-existent business entity. Received a million dollars in court costs for this non-existent entity – which money was undoubtedly laundered into a bank account that was not in the name of his phony purported client. Unlawfully hired and gave money to Jim Van Allen, a corrupt Ontario Provincial Police (OPP) officer, for illegal access to confidential police information. Directed Kwidzinski and Van Allen in crafting Van Allen’s deceptive affidavit. Admitted to putting Donald Best in prison to extort evidence and settlement in a different legal case filed in another jurisdiction – Florida.

Sebastien Kwidzinski – Previously junior lawyer with the Toronto office of Fasken Martineau DuMoulin LLP law firm. Now a corporate lawyer with Foresters Financial. Watched as corrupt lawyers Lorne S. Silver and Gerald L. Ranking fabricated false ‘Statement for the Record’ on November 17, 2009, said nothing when they placed the false evidence before the court to convict an innocent man. With Ranking, illegally hired corrupt Ontario Provincial Police officer Jim Van Allen to access confidential police data. Assisted Ranking and Van Allen in crafting Van Allen’s deceptive affidavit.

Corrupt OPP Detective Jim Van Allen (left) illegally made some cash on the side during the hunt for serial rapist / murderer Russell Williams

Detective Sergeant James ‘Jim’ Arthur Van Allen (OPP, now retired) Worked illegally ‘on the side’ as an unlicensed private investigator. Illegally took money from Ranking, Kwidzinski, Fasken law firm to provide confidential police information for use in a private civil action. Swore a deceptive affidavit that was used by Justice Shaughnessy to convict Donald Best of contempt of court. Surprisingly issued invoices to Ranking / Fasken Law Firm detailing his illegal activities. The invoices are filed as exhibits in the Donald Best case.

Former OPP Commissioner Julian Fantino swore in his affidavit:

  • “From my examination of the evidence that is already filed in court and was easily available to the courts and the CJC had they examined it, it is reasonable to conclude that OPP Detective Sergeant Jim Van Allen’s inappropriate employment as a private investigator, his access to confidential information and the distribution of the same, and the very creation of his affidavit in order to benefit private parties in a civil lawsuit, represents a flagrant violation of various Provincial and Federal laws including the Police Services Act, the Private Security and Investigative Services Act, the Criminal Code and the Freedom of Information Act.
  • “In no small way, Detective Sergeant Jim Van Allen violated his oath of office.”
  • “Detective Sergeant Van Allen’s conduct and behavior in relation to this case occurred while I was OPP Commissioner. Had I known about it at the time, I would have immediately ordered an investigation to gather all evidence to determine the details, extent and duration of his activities with a view to possible provincial and/or criminal charges against Van Allen and, potentially, charges against other involved persons.”
  • “I notice that Van Allen’s two redacted invoices are numbers 11 and 12 for the year 2009, which to me raises serious questions about how many other illegal investigations he had performed and which lawyer clients might have retained him previously. Had I known of his transgressions, I would have acted immediately as OPP Commissioner to deal with his rogue conduct.

Lawyer Andrew Roman and his client Iain Deane (right)

Andrew Roman – formerly senior partner with Toronto office of Miller Thomson LLP law firm. Sent threatening letter to directly to witness in controvention of Florida laws. Delivered legally privileged documents to his client Iain Deane and suggested they be published on website known for threats and harassment against Donald Best’s witnesses. Engaged in cover-up of anonymous threats to witnesses proven to have originated from Miller Thomson LLP’s Toronto office. Knew that co-counsel Ranking and Silver placed false evidence before the court but remained silent.

Surrounded by Law Society Benchers, newly elected Treasurer, Paul B. Schabas (centre), chairs his first meeting.

Paul SchabasBlake, Cassels & Graydon LLP lawyer defending lawsuit launched by Donald Best’s company. Member of the famed ‘Bay Street Boys Club’ and Treasurer of the Law Society of Ontario. Engaged in cover-up of anonymous threats to witnesses proven to have originated from Miller Thomson LLP’s Toronto computer network. Covered-up Andrew Roman’s illegal threatening letter to a witness. Knew and covered-up that co-counsel Ranking and Silver fabricated false evidence and that they lied to the court. Complaints to the law society about Schabas were whitewashed with no investigation and no independent review.

Justice Shaughnessy (r) & his lawyer, Law Society of Ontario bencher Peter Wardle

Justice J. Bryan Shaughnessy – Justice of the Superior Court of Ontario. Former Regional Senior Judge for the Central East Region. On November 12, 2009, Shaughnessy backdated a court order ten full days to November 2, 2009, immediately placing Donald Best into contempt of court for failing to deliver business documents on November 10th – three days before Shaughnessy actually made the order. In January 2010, convicted Donald Best of Contempt of Court for, among other things, failing to deliver documents on November 10th – three days before Shaughnessy’s order to deliver the documents existed.

On May 3, 2013, after court ended Justice Shaughnessy went to a backroom and there, off the court record and without a hearing, trial or transcript, secretly increased Best’s prison sentence by 50% without notifying Best, who was unrepresented by a lawyer. Shaughnessy secretly created a new warrant of committal with increased jail time that he gave only to the prison authorities. He did not file the new secret warrant with the courts or make mention of it anywhere in the records.

Numerous other incidents of judicial misconduct as laid out in Donald Best’s complaints to the Canadian Judicial Council.

CJC Executive Director Norman Sabourin summarily dismissed Best’s complaint without an investigation and without providing reasons.

Norman Sabourin – Executive Director of the Canadian Judicial Council, summarily dismissed a complaint against Justice J. Bryan Shaughnessy by former Toronto Police Sergeant (Detective) Donald Best, without an investigation and in the face of irrefutable evidence that the judge went to a back room after court ended, and – off the court record – illegally made a secret new court order increasing the Best’s sentence by a month. Under Mr. Sabourin’s hand, the CJC regularly whitewashes complaints against judges and remains an organization with no transparency, independent oversight or public accountability. Mr. Sabourin acts as ‘gate-keeper’ to dismiss complaints without investigation – without so much as looking at the court file or reading a transcript showing the judge’s comments or actions.

Notice to readers, including Persons and Entities mentoned in articles

As always, if anyone disagrees with anything published at DonaldBest.CA or wishes to provide a public response or comment, please contact me at info@donaldbest.ca and I will publish your writing with equal prominence. Comments left on articles are moderated about once a day. Or, of course, you can sue me and serve my lawyer Paul Slansky. You can find Mr. Slansky’s information here.

Photos have been included to put context to the article. Their use is the same as with other Canadian news outlets.

Readers are also encouraged to thoroughly study all the evidence available here at DonaldBest.CA, to perform independent research on the Internet and elsewhere, to consider all sides and to make up their own minds as to the events reported on DonaldBest.CA.

Donald Best
Barrie, Ontario, Canada

 

Leaked police report: Hamilton City Councillor Sam Merulla & former Police Board Chair linked with organized crime, ‘Ndrangheta mafia

Hamilton Councillor Sam Merulla and Musitano brothers in leaked police secret report. (montage – click for large.)

Whistleblower Derrick Snowdy reveals mob penetration of Hamilton Police Service.

A leaked 2006 Organized Crime Section report from ‘Project SCOPA’ shows City of Hamilton, Ontario, Ward 4 Councillor Sam MERULLA under police investigation and linked to ‘Ndrangheta mafia mob figures including Antonio ‘Tony’ AGRESTA and the recently-murdered Angelo MUSITANO of the Musitano Crime Family.

Two pages of the leaked report surfaced on the Twitter account of high-profile private investigator Derrick Snowdy (@jdsnowdy) on December 19, 2017 along with an allegation that in 2007 someone in the Golden Horseshoe RCMP detachment sabotaged an ongoing OPP Ontario Provincial Police investigation into Sam Merulla and members of the mob.

Snowdy states that at the time of the investigation in 2006 Sam Bernie Morelli was the Chair of the Hamilton Police Services Board and was also under police investigation.

Snowdy’s tweet and the attached unredacted documents have been seen (and perhaps copied) by thousands of people in the last four days before I even noticed them.

Here they are… (click to enlarge)

Although the unredacted documents are circulating on the Internet, I have redacted addresses and dates of birth in the above documents as I have a policy of not publishing Identity Information.

You will note that document #1 contains a bleed-through of a police intelligence report listing Sam MERULLA, Angelo MUSITANO and others as associates of mob member Antonio ‘Tony’ AGRESTA. Document #2 shows Merulla with the Musitano brothers.

About a month ago Derrick Snowdy also published on the internet several pages of a July 24, 2002 Halton Regional Police confidential intelligence report detailing how mobsters Domenic VIOLI and Paul GRAVELLE had a number of police officers on the payroll, including corrupt Hamilton cop Richard WILLS. (read Domenic Violi arrest a reminder that Organized Crime has penetrated Canadian police for decades)

Police to search home of Whistleblower Derrick Snowdy?

Snowdy has given no indication as to the source of these confidential police intelligence reports, but in November 2017 the Halton Regional Police stated that they were looking into the matter.

This latest release will no doubt cause further police scrutiny of Derrick Snowdy but if the involved police services are thinking of executing a search warrant at Snowdy’s home or business – I can tell them with certainty that they would find nothing.

I have never spoken with Derrick Snowdy, but knowing his history as an experienced investigator in major cases and that he was a central figure in the 2010 ‘Busty Hookers’ case that saw former Status of Women minister Helena Guergis turfed from the Harper Government and the Conservative party – I know that Snowdy is no neophyte.

Derrick Snowdy

Any leaked documents in Snowdy’s possession would at the very least not be at his home, business or the home of any relative or close friend. Most likely, the documents are scanned, encrypted and stored in multiple locations online that only he can access from memory. He would never access those locations from any computer or internet service registered to him or any friend or relative. There would be nothing at his home or business – not even an encrypted USB stick or drive – that would reveal any additional documents or their source.

Whistleblower Derrick Snowdy would conceal his movements and data with the concern and even the fear of someone championing freedom in any corrupt nation you can think of BECAUSE… he knows that in Canada various powerful cabals exist. Snowdy knows that some of these powerful cabals operate in Canada’s legal system, in policing, and in various levels of government. He also knows that these cabals will do anything to protect members from embarrassment or worse, and to retain power and status. The messenger of any wrongdoing by cabal members, in this case Snowdy, is aways the first target.

Snowdy also knows that organized crime always attempts to gain footholds and influence in legitimate organizations, including in government, police, the courts and the news media. He knows he is at risk and a target for revealing mob operations to the public.

Nope… there is nothing at Derrick Snowdy’s home or business that would reveal more leaked police documents or the source of the leak. Nothing.

Whistleblowing at this level takes a special kind of courage and integrity – and Derrick Snowdy has these qualities in good measure – along with ‘Police Officer X’ who must be the ultimate source of the documents.

‘Police Officer X’ probable source of the Snowdy leaked documents

It is apparent that the Snowdy documents (assuming they are genuine and I have no reason to believe they are not genuine) are likely originally sourced from a police officer who works or worked in an Organized Crime squad. As each of the documents was probably circulated through various municipal police agencies as well as the Ontario Provincial Police and RCMP, it will probably be impossible to trace the individual officer who originally leaked the documents.

I’ll call this source ‘Police Officer X’. Snowdy may have received these documents directly from Officer X, or through an intermediary. Or… Police Officer X might have anonymously sent them to Snowdy through a variety of methods.

I can only speculate as to the motivations of Police Officer X, but here is my guess…

Police Officer X is probably a long-serving officer working in organized crime who has seen over the years (as we all have) the efforts of organized crime to corrupt the police, courts and the government. He or she has seen good investigations thwarted and exposed. Officer X has seen criminals and mobsters go free as cabals stopped investigations to protect high-profile cabal members from being seen to be associated with known criminals.

So… I speculate Officer X did an end-run and leaked the documents because he or she believes that only the sunlight of exposure will undermine the corrupt. It takes courage and integrity to make such a choice. Officer X has these qualities.

Caution regarding Ward 4 Councillor Sam MERULLA

Hamilton Councillor Sam Merulla

As we examine the leaked documents, we must remember that we have only had a glimpse of a years-long project targeting organized crime. Is the man who changes the oil in a mobster’s car an associate… or just the guy who works at the local garage? As a police officer working organized crime you have to keep an open mind and rely upon building a wall of evidence that leaves no doubt as to the structure of criminal organizations, the members, associates, facilitators – and identifying those who aren’t really involved or associated. It is difficult. Sometimes you can’t be sure no matter how long you work at it.

As an experienced organized crime investigator, it is my opinion that for Sam Merulla’s photo and name to be so definitively featured in the organized crime intelligence reports, some supporting evidence must exist. That’s my opinion – but am I correct? Perhaps the missing pages of the Snowdy documents hold the answer. Or perhaps Sam Merulla can clarify things.

And yet… I was once investigated myself (and cleared) by the FBI, RCMP and Toronto Police for links to the Hell’s Angels Motorcycle Gang.

The year was 1977 and I was a motorcycle patrol officer working out of #2 District Traffic in Etobicoke. During that summer I was temporarily assigned to the CNE Canadian National Exhibition to direct traffic and patrol the grounds on my Harley Davidson. (As an aside, there is no better summer job for a 23 year old handsome rookie cop than to motor around the CNE, looking good and talking with tourists and the fine young ladies.)

One afternoon some American tourists asked to take photos with me beside my motorcycle. This was common and happened uncountable times a day. So, I held their four year old son and allowed him to wear my helmet as one of their friends took a series of photos. Smiling, we had our arms around each other and I also allowed everyone to sit on the Toronto Police Harley dresser. That was standard too – as people loved to have their and their children’s photos taken on a police bike. The kids go wild.

Flash forward about a year. I reported for duty and was immediately taken into a room with some very serious people – including Inspector Clay Crawford (my unit commander), a Staff Sergeant from the Intelligence Bureau, and officers from the FBI and RCMP. They wanted to know why US police raided a Hell’s Angels club house and discovered a large framed photo of yours truly, in uniform, smiling with my arms draped around a Hell’s Angels gang leader and his family.

As I looked at the photo I started to laugh and told my story. One of the serious people in the room said something like, “Yeah, that’s what we figured, but we had to be sure. Your name didn’t come up on the lines. (wiretaps)”

Another serious person interupted and stopped the conversation – chiding that the first had revealed a wiretap operation and that was not needed. Did the RCMP tap my home phone? I think they did, but in those days there was no law requiring police to notify wiretap subjects if no charges were laid.

So ended the investigation into my ‘association’ with the Hell’s Angels motorcycle gang.

No response from Sam Merulla

I’ve emailed Mr. Merulla and sent him a draft of this story, but so far have not had a response – but it’s Christmas so who knows if he viewed my email yet. I’ll send another.

Did Sam Merulla unknowingly have his photo taken with members of Hamilton’s mafia? Is that how his name and photo ended up in a police Organized Crime report? Or, is there another, deeper set of facts?

Let’s all keep open minds as we await a response from Hamilton Ward 4 Councillor Sam Merulla.

CORRECTION: The original version of this article reported that Hamiliton City Councillor Sam Merulla was Police Board Chair during the police investigation. Derrick Snowdy has clarified his original Tweet and indicates that Merulla was a Councillor during the investigation, while Bernie Morelli was the Chair of the Hamilton Police Services Board at the time. According to Snowdy, both Merulla and Morelli were under investigation.

Notice to readers, including Persons and Entities mentoned in articles

As always, if anyone disagrees with anything published at DonaldBest.CA or wishes to provide a public response or comment, please contact me at info@donaldbest.ca and I will publish your writing with equal prominence. Comments left on articles are moderated about once a day. Or, of course, you can sue me and serve my lawyer Paul Slansky. You can find Mr. Slansky’s information here.

Photos have been included to put context to the article. Their use is the same as with other Canadian news outlets.

Readers are also encouraged to thoroughly study all the evidence available here at DonaldBest.CA, to perform independent research on the Internet and elsewhere, to consider all sides and to make up their own minds as to the events reported on DonaldBest.CA.

Donald Best
Barrie, Ontario, Canada

Jimi Hendrix, the Dorsey Brothers and the Julian Fantino marijuana controversy

Career police officer and tough-on-crime politician Julian Fantino is the primary target of a Guardian U.K. article about retired senior police officers who now work with marijuana companies profiting from Canada’s legalization of the drug.

The article by The Guardian’s Toronto-based journalist Ashifa Kassam is a fair but short and therefore limited tale of the frustration of long-time marijuana legalization activists who see former police officers and large corporations capitalizing from their work while the activists are barred from the industry. Activists/dealers interviewed in that article and now facing criminal charges include Jodie and Marc Emery.

Left unsaid and uncovered in the article is why so many marijuana corporations hire former senior cops: because the corporations must convince both government and investors that organized crime and criminals are not part of their operations. Former senior police officers have the necessary skills and knowledge to keep organized crime from the industry.

I understand the injustice, real and perceived, and hope that Jodie and Marc Emery are spared a criminal record that would bar them from the industry – provided they now comply with the coming new legal standards.

Precedent for dropping Criminal Charges when law changes

There is, after all, precedent for dropping criminal charges against persons who committed ‘crimes’ when the law was about to change and decriminalize their activities. Abortionist Dr. Henry Morgantaler comes to mind as the Toronto Police actually protected Morgantaler’s operations during a period when abortion still criminally illegal but the government had announced that it was going to change the law.

Back to the marijuana issue; as Julian Fantino constantly tells the news media, he and his company have always engaged in lawful activities and as a police officer he didn’t make the laws; only enforced them without fear or favour according to the Rule of Law. We can’t have it any other way or we end up with despot police, prosecutors and judges who enforce or ignore laws according to class, tribe or payment of bribes.

Like it or not, Fantino and his fellow senior police officers obeyed the law in the past and have the skills that the industry needs now. But somehow, if seems just and fair that ordinary Canadians of otherwise good character and record should also have an opportunity in the new legalized marijuana industry.

Jimi Hendrix, the Dorsey Brothers and Marijuana

Times change and so do people. At fourteen years old I attended the May 3, 1969 Jimi Hendrix concert at Maple Leaf Gardens in Toronto. My mother, who had played piano with the Dorsey Brothers way back when and recognized musical talent, surprised me with a ticket to see Hendrix. My father was speechless but allowed me to go. After all, he knew that mom as a musician had been arrested for being underage in a bar in Chicago. (Much to their horror, Tommy and Jimmy Dorsey learned from the Chicago Police that ‘Maddy’ their piano player and my future mom, was only 15 years old and not 21 as she had claimed. That was go-to-jail-for-ten-years stuff back then.)

So I went to the Hendrix concert and while there, I may have heard rumours about some people inhaling second-hand marijuana smoke. In fact, I may have inhaled some second-hand marijuana smoke myself. Or maybe not so second-hand.

And I sure lied about it six years later during my employment interview with the Metropolitan Toronto Police Force.

Which is all to say that as the rules and laws change, we should take care to differentiate between evil criminals who harm people and ordinary Canadians who may have been a little naughty or even deliberately violated laws ahead of societal changes.

You can read more about Julian Fantino and the story that the Canadian news media won’t cover: Canadian News Media swarms Julian Fantino over marijuana business – Ignores Fantino’s sworn evidence of corrupt police, lawyers, judge.

Notice to readers, including Persons and Entities mentoned in this article

As always, if anyone disagrees with anything published at DonaldBest.CA or wishes to provide a public response or comment, please contact me at info@donaldbest.ca and I will publish your writing with equal prominence. Comments left on articles are moderated at least once a day. Or, of course, you can sue me and serve my lawyer Paul Slansky. You can find Mr. Slansky’s information here.

Photos have been included to put context to the article. Their use is the same as with other Canadian news outlets.

Readers are also encouraged to thoroughly study all the evidence available here at DonaldBest.CA, to perform independent research on the Internet and elsewhere, to consider all sides and to make up their own minds as to the events reported on DonaldBest.CA.

Donald Best
Barrie, Ontario, Canada

 

Canadian news media swarms Julian Fantino over marijuana business – ignores Fantino’s sworn evidence of corrupt police, lawyers, judge.

Canadian News Media Censorship is now the Story

Last week former Commissioner of the Ontario Provincial Police Julian Fantino opened the Vaughan office of Aleafia – a company dedicated to treating patients with medical marijuana. The media tsunami struck the next day with many articles in both the mainstream and alternative news discussing how a former Chief of Police and anti-drug crusader could now be an advocate for medical marijuana.

Journalist Michael Coren

On Wednesday morning I listened to Toronto AM1010 Talk Radio with Michael Coren and a number of other high-profile people. Mr. Coren said that although he likes Julian Fantino and always has, he found this latest career change to be hypocritical.

In response, two other panel members said that as Minister of Veteran Affairs, Fantino saw the benefits of pot in assisting soldiers to deal with anxiety, sleep disorders and PTSD. There is no better advocate for change, they argued, than someone who has themselves come to new realizations.

Fantino’s marijuana business dominated the news for about two days and then dropped off as is natural. It was news in the first place because of Fantino’s high public profile as a long serving and senior law enforcement officer and former cabinet minister in the Harper government.

Justice Shaughnessy (r) & his lawyer, Peter Wardle

A much bigger Julian Fantino story not covered by Canadian media

Donald Best, The Attorney General of Canada and Mr. Justice J. Bryan Shaughnessy

What was not in the news though, is that just a few weeks ago on October 25, 2017 former OPP Commissioner Julian Fantino swore and filed an explosive affidavit in the judicial review of a Canadian Judicial Council decision currently before the courts.

In the case of Donald Best, The Attorney General of Canada and Mr. Justice J. Bryan Shaughnessy, Mr. Fantino’s affidavit names names and details evidence of corruption, law breaking and even criminal offences by police, lawyers and a judge.

The sworn evidence of a former OPP Commissioner alleging police and legal system corruption, naming names and calling for criminal investigations, is totally unprecedented in Canadian history – but not one Canadian news media outlet covered the story although they all know about it.

Over the last three years I have personally spoken with a few dozen professional journalists from just about any major Canadian news organization that you can name: CBC, Toronto Star, CTV, Globe and Mail, PostMedia, iHeart Radio.

All were excited about my story until they found that it couldn’t make it past their editors. Several told me that there is an ‘editor’s kill’ on my story because several of the involved lawyers are high profile Bay Street law firm partners – who provably fabricated evidence and lied to the courts to convict and imprison me, Donald Best, during a private prosecution for Contempt of Court during a civil case costs hearing.

Now that former OPP Commissioner Fantino has examined all the evidence and totally vindicated me, the mainstream Canadian news media are still concealing the corrupt actions of several lawyers, police and a judge. And yes, the Canadian news media outlets know about and have downloaded copies of Mr. Fantino’s sworn affidavit.

The story is now about the Canadian mainstream news media concealing proven criminal misconduct by corrupt and powerful people and entities – in total opposition to the news media’s duty to the public trust.

And that my friends is a much more disturbing and important story than the misconduct of a crooked cop and a handful of rogue lawyers and a judge.

Read a summary of Julian Fantino’s affidavit, and download the full affidavit if you desire:

Court denies former Ontario Provincial Police Commissioner Julian Fantino intervention in judicial review of CJC

Notice to readers, including Persons and Entities mentoned in this article

As always, if anyone disagrees with anything published at DonaldBest.CA or wishes to provide a public response or comment, please contact me at info@donaldbest.ca and I will publish your writing with equal prominence. Comments left on articles are moderated at least once a day. Or, of course, you can sue me and serve my lawyer Paul Slansky. You can find Mr. Slansky’s information here.

Photos have been included to put context to the article. Their use is the same as with other Canadian news outlets.

Readers are also encouraged to thoroughly study all the evidence available here at DonaldBest.CA, to perform independent research on the Internet and elsewhere, to consider all sides and to make up their own minds as to the events reported on DonaldBest.CA.

Donald Best
Barrie, Ontario, Canada

Domenic Violi arrest a reminder that Organized Crime has penetrated Canadian police for decades

Toronto Police clerk Erin Maranan charged in Mafia takedown (left) Corrupt OPP Detective Jim Van Allen (right)

  • Long History of Corrupt Hamilton & Toronto Police selling out to the mob.
  • Toronto Deputy Chief’s relative arrested for obtaining police data.
  • Toronto lawyers used corrupt Ontario Provincial Police detective to illegally access police records.

A four-year long joint RCMP/FBI project came to fruition last week with the arrest of Hamilton mobster Domenic Violi and a dozen other organized crime figures in Ontario and New York. Arrest warrants have been issued for several others on the run – including Violi’s younger brother Giuseppe (Joe) Violi. The brothers are the sons of former Calabrian Montreal boss Paolo Violi who was murdered by the Rizzuto mob in a 1978 hit.

Also making an appearance in Project OTremens are members of the New York-based Bonanno and Gambino crime families, including Bonanno capo Damiano Zummo and Gambino made man Paul Semplice.

Overshadowed by the high-profile Mafia types, however, is the connected arrest of former Toronto Police Forensic Identification clerk Erin Jade Maranan, who faces 24 criminal charges for providing confidential police information to organized crime.

Two of the people that Toronto Police clerk Erin Maranan provided information about to the mob were later murdered.

While there is no evidence that Maranan knew anything about the murders, it is reasonable to assume that any police employee would know that criminal organizations don’t seek confidential police information so they can send people Christmas cards.

If Erin Maranan is convicted she should be imprisoned for many years as a deterrent to other corrupt police personnel. As I revealed in my first article about her arrest, ‘More to this story than being told’ organized crime has always sought to gain inside information about police knowledge and operations.

“Organized Crime will never cease paying corrupt police to provide information and protection.”

Right from the start of my law enforcement career in 1975, I saw that there were always a few corrupt police officers and civilian employees willing to trade confidential information for money or other benefits. And the money is huge. Back in 1985 the Toronto Kung Lok Triad was paying my squad over a hundred-thousand dollars a year to protect a single gambling den from police raids. (We were in deep-cover pretending to be corrupt, took the money and then later arrested the mobsters. See here.)

That was 32 years ago and something tells me that the price of inside police information hasn’t gone down since then.

Hamilton Police on mob payroll

A few days ago Oakville-based private investigator Derrick Snowdy published on the internet several pages of a July 24, 2002 Halton Regional Police confidential intelligence report detailing how mobsters Domenic VIOLI and Paul GRAVELLE had a number of police officers on the payroll, including Hamilton cop Richard WILLS. (You can read the documents below – click to enlarge. I’ve redacted the Identity Information even though the full documents are out there in the wild on the internet. I cannot vouch for their veracity. My source is Derrick Snowdy’s Twitter account @jdsnowdy )

__

In 2010 Hamilton Police Inspector Richard ‘Rick’ Wills pleaded guilty to stealing $60,000 of drug bust money but was sentenced to 2 years ‘conditional’ house arrest – a kiss of a sentence for a corrupt senior cop who violated a position of trust.

Wills is also a defendant in a 2016 lawsuit by former Hamilton undercover cop Paul Manning. Manning – who penetrated the Hamilton mob as a deep cover police investigator under the alias ‘Paul Wright’ – alleges that Wills sold out and notified the mob that Manning was an undercover cop.

Manning’s lawsuit also alleges that several Hamilton police officers have ties to organized crime and that a Toronto cop was selling guns to Toronto gang members. A Toronto Star article laid it all out: Hamilton cop alleges betrayal by his force

Manning’s Twitter account: @mobinfiltrator   Website: mobinfiltrator.com

Toronto Police employee Davita Federico charged with illegally accessing police databases

In October of 2016 Toronto Police civilian Davita Federico, 30, was charged with breach of trust and other criminal offences for conducting unauthorized searches of police databases. News reports confirmed that Federico is related to then Deputy Chief of Police Mike Federico.

The case resurfaced last week as it was revealed that Toronto Police clerk Erin Maranan who was arrested at about the same time as Federico, was working for organized crime. There is no indication in news reports as to whether the Maranan and Federico cases are related in any way.

Corrupt Ontario lawyers Sebastien Kwidzinski, Gerald Ranking & Lorne Silver lied to the courts.

Toronto Lawyers hired corrupt Ontario Provincial Police detective to illegally access police information, resources

In October of 2009, Faskens lawyers Gerald Ranking and Sebastien Kwidzinski contacted and hired a corrupt Ontario Provincial Police Detective Sergeant to investigate the writer, Donald Best, in aid of Ranking’s clients and associated defendants in the ‘Nelson Barbados Group Ltd. vs. Cox’ civil case before the Ontario courts.

James ‘Jim’ Arthur Van Allen, the manager of the OPP’s elite Criminal Profiling Unit, secretly and illegally worked as an unlicensed private investigator for clients like lawyers Ranking and Kwidzinski who obviously appreciated his access to confidential police information, resources, contacts and investigative techniques.

And here, things get really corrupt and dirty. In 2007 it was reported to the Ontario Provincial Police that unknown persons, likely defendants in the Nelson Barbados Group Ltd. vs. Cox’ civil case, were threatening witnesses, lawyers and their family members in order to deter them from seeking justice in the courts.

Ranking and Kwidzinski’s clients and fellow defendants had been reported to the OPP as possible suspects involved in threatening witnesses, lawyers and their family members. Considering a lawyer’s family was being threatened, the reports probably even made their way to Van Allen’s Threats Assessment and Criminal Profiling Unit.

Nonetheless Detective Sergeant Jim Van Allen took money to perform illegal investigations against the victim – in assistance to the suspects.

How dirty and corrupt is that?

Former OPP boss Julian Fantino

Former OPP Commissioner Julian Fantino swears affidavit

Jim Van Allen’s boss at the time, former OPP Commissioner Julian Fantino, recently swore an affidavit wherein he refers to Detective Sergeant James Van Allen and his illegal activities. Evidence in Julian Fantino’s sworn affidavit includes (summarized except verbatim excerpts in quotes):

  • “The prosecuting lawyers hired and submitted an affidavit from Mr. Van Allen. They claimed that he was a private investigator and failed to disclose that he was a serving police officer with access to police resources. This police officer obtained confidential information not available to the public which was then used by the Judge to convict, sentence and imprison Mr. Best for contempt.”
  • “Although the lawyers regularly referred to Van Allen as a ‘private investigator’ in their legal documents and on the court record in verbal submissions and discussions with the Judge, Jim Van Allen was not a licensed private investigator. James ‘Jim’ Arthur Van Allen, was in fact a serving Ontario Provincial Police Detective Sergeant and manager of the OPP’s Criminal Profiling Unit who was working secretly and illegally as an unlicensed private investigator.”
  • “From my examination of the evidence that is already filed in court and was easily available to the courts and the CJC had they examined it, it is reasonable to conclude that OPP Detective Sergeant Jim Van Allen’s inappropriate employment as a private investigator, his access to confidential information and the distribution of the same, and the very creation of his affidavit in order to benefit private parties in a civil lawsuit, represents a flagrant violation of various Provincial and Federal laws including the Police Services Act, the Private Security and Investigative Services Act, the Criminal Code and the Freedom of Information Act.”
  • “In no small way, Detective Sergeant Jim Van Allen violated his oath of office.”
  • “Detective Sergeant Van Allen’s conduct and behavior in relation to this case occurred while I was OPP Commissioner. Had I known about it at the time, I would have immediately ordered an investigation to gather all evidence to determine the details, extent and duration of his activities with a view to possible provincial and/or criminal charges against Van Allen and, potentially, charges against other involved persons.”
  • “It is inconceivable that all the involved lawyers and Judge were unaware that ‘private investigator’ and expert witness Jim Van Allen was an OPP police officer. Considering many factors, including Detective Sergeant Van Allen’s high public profile, the rules and normal vetting practices by lawyers and judges concerning Expert Witnesses, and the fact that Van Allen’s affidavit and redacted invoices were clearly suspect on their face to any ordinary person let alone lawyers and judges, it is unbelievable that nobody in that courtroom knew the truth about Van Allen or otherwise cared to find out.”
  • “I notice that Van Allen’s two redacted invoices are numbers 11 and 12 for the year 2009, which to me raises serious questions about how many other illegal investigations he had performed and which lawyer clients might have retained him previously. Had I known of his transgressions, I would have acted immediately as OPP Commissioner to deal with his rogue conduct.”

Notice to readers, including Persons and Entities mentoned in this article

As always, if anyone disagrees with anything published at DonaldBest.CA or wishes to provide a public response or comment, please contact me at info@donaldbest.ca and I will publish your writing with equal prominence. Comments left on articles are moderated at least once a day. Or, of course, you can sue me and serve my lawyer Paul Slansky. You can find Mr. Slansky’s information here.

Photos have been included to put context to the article. Their use is the same as with other Canadian news outlets.

Readers are also encouraged to thoroughly study all the evidence available here at DonaldBest.CA, to perform independent research on the Internet and elsewhere, to consider all sides and to make up their own minds as to the events reported on DonaldBest.CA.

Donald Best
Barrie, Ontario, Canada

 

 

 

 

 

Court denies former Ontario Provincial Police Commissioner Julian Fantino intervention in Judicial Review of CJC

Julian Fantino’s ‘bombshell’ evidence.

A Federal Court prothonotary has denied a motion by Julian Fantino, former Commissioner of the Ontario Provincial Police, to intervene in the judicial review of a Canadian Judicial Council decision. (UPDATE: Fantino is appealing this decision in Federal Court on Monday, November 20, 2017)

Mr. Fantino, who is also a former Federal Cabinet Minister in the Stephen Harper government and a lifetime member of the Queen’s Privy Council, had sought intervenor status in a Judicial Review scheduled for November 20, 2017 in Toronto at the Federal Court of Canada. The review is brought by Donald Best, a former Toronto Police sergeant, concerning the Canadian Judicial Council’s decision not to investigate his complaint about the conduct of Justice J. Bryan Shaughnessy.

Justice Shaughnessy (r) & his lawyer, Peter Wardle

Opposing Fantino’s intervention were Victor J. Paolone of the Attorney General of Canada and Justice Shaughnessy’s lawyer, Ontario Law Society bencher Peter Wardle. Mr. Fantino was represented by K. W. McKenzie. Paul Slansky represented Donald Best.

While the October 25, 2017 written decision by prothonotary Mandy Aylen covers many of the issues addressed in Mr. Fantino’s application, it does not mention some of the most stunning parts of Fantino’s sworn affidavit, nor the controversial statements made by each of the lawyers during oral submissions.

Initial reactions from police officers, lawyers and ordinary Canadians range from shock to embarrassed acknowledgement that some of the activities revealed in Fantino’s affidavit are nothing new to insiders in the justice system and law enforcement.

(Fantino’s application, affidavit, written submissions and Prothonotary Aylen’s decision are public documents and are attached at the end of this article.)

Julian Fantino Affidavit Bombshells

Here, complied by your publisher Donald Best, is a list of selected passages from Mr. Fantino’s 33 pages of sworn affidavit. (With attached exhibits, the full affidavit is 461 pages.)

NOTE: The verbatim quotes and summarized excerpts below are selected from various affidavit pages. They obviously cannot be presented in context in this short summary article and may be out of order.

Canadians are urged to carefully read and consider Mr. Fantino’s full affidavit and other source documents and to make up their own minds as to the full import of Mr. Fantino’s sworn testimony.

Evidence in Julian Fantino’s sworn affidavit includes (summarized except verbatim excerpts in quotes):

General

  • No one is representing the public interest of Canadians at this judicial review. The Attorney General of Canada represents the CJC, not the public.
  • “Mr. Best was convicted of contempt of court and sentenced to prison in absentia (while he was not in Canada) upon the presentation by lawyers of provably false evidence during a private prosecution in a civil trial costs hearing.”
  • “This prosecution and eventual imprisonment of Mr. Best was being carried out in the name of a purported client that did not exist. The CJC should investigate how this offshore non-person received substantial funds in court costs (over 1 million dollars) which raises questions about possible money laundering and currency control violations.”
  • “The court also convicted Mr. Best based upon affidavit evidence that was the product of illegal actions by a serving officer of the Ontario Provincial Police at the time that I was OPP Commissioner.” The officer, now retired Detective Sergeant James (Jim) Arthur Van Allen, was manager of the OPP’s elite Criminal Profiling Unit under Commissioner Fantino.

Improper Police Involvement in Civil Cases & Secret Investigations

  • “There are four general incidents in the (Donald Best) civil case, CJC record and in the current Judicial Review where police resources and personnel were improperly and even illegally and secretly used and coopted.”
  • “There is disturbing evidence, some strong and apparently irrefutable, and some circumstantial, that in four groups of incidents in the civil case and even during the present Judicial Review, police resources and personnel were (or appear to have been) improperly retained, used and coopted to assist one side of a private civil dispute in the Ontario courts.”
  • Involved police organizations include the OPP, Durham Regional Police, Peel Regional Police and the Toronto Police Association.
  • Durham Regional Police perform undocumented (secret) investigations of civil case litigants “all the time” and “most likely in assistance to the Court.” This was done in the Donald Best civil case and perhaps in respect of the current Judicial Review of the Canadian Judicial Council decision regarding Justice Shaughnessy.
  • “There is also evidence of involvement by other police forces before the finding of contempt by the court and later who have been involved in this civil court matter. Some of it with the apparent intent of using the investigation results to influence, impact or derail this Judicial Review.”
  • “If left to stand, these abuses in total would result in the undermining of public confidence in the police, the judicial process, the CJC and the Rule of Law. My background and experience is such that I can assist the Court in determining the truth about what appears to be significant abuses of police resources to improperly influence the justice system in the civil case and perhaps even in this Judicial Review.”

Justice J. Bryan Shaughnessy

  • Justice Shaughnessy backdated a court order ten full days that immediately put Donald Best into contempt for failing to deliver certain documents to opposing lawyers two days before the order was created. Best was jailed for this ‘failure’ to comply with an impossible court order.
  • Certain court documents and orders that were said to have been delivered to Donald Best were, in fact, not delivered and Justice Shaughnessy knew this. Nonetheless Justice Shaughnessy validated service of these documents.
  • Justice Shaughnessy allowed the court process to be used on an extra-jurisdictional basis and “improperly delegated his judicial power to the prosecuting lawyers in order to interfere with and impact legal proceedings in other countries.” The lawyers told Justice Shaughnessy that they were pursuing Donald Best for contempt charges in order to force Best to provide evidence for use in a Florida legal case, and to force settlement upon other litigants in civil cases in Florida and Barbados courts.
  • “The record shows that after Best requested a review of his conviction and sentence, the Judge (Shaughnessy) refused to consider his fresh exculpatory evidence including but not limited to secretly made and forensically certified voice recordings of a telephone call with the lawyers that showed they placed false evidence before the Judge, refused to allow Best to cross-examine the lawyer-witnesses, their clients and ‘private investigator’ James Van Allen, who together provided the false evidence that the court used to convict and sentence Best.”
  • “I cannot recall any other case where a Canadian was convicted and sentenced in absentia (when the accused was not present) upon provably false and/or illegally sourced evidence, and was then refused the basic right to cross-examine the witnesses and accusers that the court relied upon to convict and sentence.”
  • “Court ended and the Judge (Shaughnessy) left the courtroom. The courtroom staff ended their duties and Mr. Best was taken away to prison. Then, in Mr. Best’s absence, in a backroom and off the court record with no transcript and no endorsement on the record, the Judge secretly created a new Warrant of Committal and increased Best’s time to be served in prison by 50%… this new secret Warrant of Committal was given only to the prison authorities and was not placed into the court records.”… “There is no justification for this which appears to be a vindictive and punitive act and it needs to be closely scrutinized.”… “The CJC did not address these actions by the Judge, but rather summarily dismissed the issue by ruling that it was not ‘conduct’.”

OPP Detective Sergeant James Van Allen

“Had I known of his (Jim Van Allen’s) transgressions, I would have acted immediately as OPP Commissioner to deal with his rogue conduct.”  Julian Fantino

  • “The prosecuting lawyers hired and submitted an affidavit from Mr. Van Allen. They claimed that he was a private investigator and failed to disclose that he was a serving police officer with access to police resources. This police officer obtained confidential information not available to the public which was then used by the Judge to convict, sentence and imprison Mr. Best for contempt.”
  • “Although the lawyers regularly referred to Van Allen as a ‘private investigator’ in their legal documents and on the court record in verbal submissions and discussions with the Judge, Jim Van Allen was not a licensed private investigator. James ‘Jim’ Arthur Van Allen, was in fact a serving Ontario Provincial Police Detective Sergeant and manager of the OPP’s Criminal Profiling Unit who was working secretly and illegally as an unlicensed private investigator.”
  • “From my examination of the evidence that is already filed in court and was easily available to the courts and the CJC had they examined it, it is reasonable to conclude that OPP Detective Sergeant Jim Van Allen’s inappropriate employment as a private investigator, his access to confidential information and the distribution of the same, and the very creation of his affidavit in order to benefit private parties in a civil lawsuit, represents a flagrant violation of various Provincial and Federal laws including the Police Services Act, the Private Security and Investigative Services Act, the Criminal Code and the Freedom of Information Act.”
  • “In no small way, Detective Sergeant Jim Van Allen violated his oath of office.”
  • “Detective Sergeant Van Allen’s conduct and behavior in relation to this case occurred while I was OPP Commissioner. Had I known about it at the time, I would have immediately ordered an investigation to gather all evidence to determine the details, extent and duration of his activities with a view to possible provincial and/or criminal charges against Van Allen and, potentially, charges against other involved persons.”
  • “It is inconceivable that all the involved lawyers and Judge were unaware that ‘private investigator’ and expert witness Jim Van Allen was an OPP police officer. Considering many factors, including Detective Sergeant Van Allen’s high public profile, the rules and normal vetting practices by lawyers and judges concerning Expert Witnesses, and the fact that Van Allen’s affidavit and redacted invoices were clearly suspect on their face to any ordinary person let alone lawyers and judges, it is unbelievable that nobody in that courtroom knew the truth about Van Allen or otherwise cared to find out.”
  • “I notice that Van Allen’s two redacted invoices are numbers 11 and 12 for the year 2009, which to me raises serious questions about how many other illegal investigations he had performed and which lawyer clients might have retained him previously. Had I known of his transgressions, I would have acted immediately as OPP Commissioner to deal with his rogue conduct.”

Self-Represented Canadians and the Canadian Judicial Council

  • “I have no reason to believe that Mr. Best’s complaints to the CJC were handled any differently than those of other Canadians. I have no reason to believe that the CJC’s apparent arbitrary standards, lack of investigation, lack of transparency and absence of support to an unrepresented person in Mr. Best’s case is unusual for the CJC. I believe that the CJC’s handling of Mr. Best’s case is representative of the standard CJC treatment of unrepresented persons – with one important difference which in Mr. Best’s situation merely supported the imprisonment of an apparently innocent man and that is simply unacceptable and wrong.”
  • “Judicial independence is an important principle in the Canadian Justice System. That is all the more reason why Canadians must feel secure that the Canadian Judicial Council properly performs its function in dealing with complaints. The CJC was created by Parliament to serve the people of Canada and to maintain the integrity and high standards that people expect in their Justice System. It follows that full professional investigations and transparency should be the norm. Publicly defined standards for the CJC that are easy to access and easy to understand are of paramount importance to the mandate it received from Parliament, and for which it is accountable.”
  • “This would include ease of access by all Canadians and, where necessary, assistance by CJC staff trained to accommodate the different cultural, linguistic, and educational factors that are the hallmarks of our multi-faceted Canadian society. Not all Canadians have the skill set, educational background, or writing ability to properly compose a complete account of their concerns and complaints about their experiences in Court and how they are treated by Judges. Accordingly, I wish to contribute to this Court proceeding in evaluating and resolving the matters raised in regard to Mr. Best’s Application.”
  • “While the CJC guidelines as to how Canadians can expect to be treated in Court when they are unrepresented litigants, the CJC does not extend those same considerations to Canadians who complain about their treatment in Courts by Judges. The CJC’s response to (Donald Best’s) complaint emphasizes that this type of assistance and proactive treatment is not extended to complainants to the CJC.”
  • “The lack of assistance and guidance for the complainant adds a layer of mystery and lack of transparency to an already oblique arrangement where it appears that one person, Mr. Sabourin, whose credentials are not known, is the filter for all information that is assessed. This appears incongruous with the very specialized and unique knowledge that are required to review the jurisdiction and actions of judges.”
  • “Other tribunals which are in place to serve the public in specialized benefit from the assistance of fully trained assessors who can assist the aggrieved person and be certain that the full import of the complaint is fairly presented. This type of assistance is all the more important when it comes to Courts and Judges which may be the most important factor or bulwark in the preservation of democracy.”
  • “The CJC did not fully take into consideration that its function is to serve the people of Canada. Not all Canadians are able to fully understand let alone report about the nuances of what happens in Court and the CJC has decided it will give them no guidance. Whereas other tribunals engage investigators and information gatherers who are well versed in the areas under consideration that will interview, review, and generally help a complainant make a full and focused complaint the CJC does nothing of the sort. Apparently, Mr. Sabourin and the Judge are of the view that the CJC can reject a complaint arbitrarily.”

At the time of publication there is no word if Mr. Fantino will appeal the prothonotary’s decision.

Court Documents – Redacted Identity Information (signatures, etc)

In .PDF format for downloading. Size indicated.

1/ Affidavit of Julian Fantino sworn September 28, 2017, Notice of Motion, Written Submissions NO EXHIBITS (72 pages – PDF 8.7mb)

2/ Order of Prothonotary Mandy Aylen released October 25, 2017 (22 pages – PDF 241kb)

3/ Julian Fantino: Full affidavit including exhibits.

Fantino Vol1 with exhibits sworn Sept 28, 2017 (344 pages – PDF 43mb) – very large, will fix soon.

Fantino Vol2 with exhibits sworn Sept 28, 2017 (245 pages – PDF 22.3mb) – very large, will fix soon.

To be added after redacting (probably a day or two):

4/ Justice Shaughnessy: Submissions on Fantino Intervention Motion

5/ Attorney General of Canada: Submissions on Fantino Intervention Motion

Notice to readers, including Persons and Entities mentoned in this article

As always, if anyone disagrees with anything published at DonaldBest.CA or wishes to provide a public response or comment, please contact me at info@donaldbest.ca and I will publish your writing with equal prominence. Comments left on articles are moderated at least once a day. Or, of course, you can sue me and serve my lawyer Paul Slansky. You can find Mr. Slansky’s information here.

Photos have been included to put context to the article. Their use is the same as with other Canadian news outlets.

Donald Best
Barrie, Ontario, Canada

British lawyer jailed four and a half years for fabricating evidence. Three corrupt Canadian Bay Street lawyers get pass for same crime.

Same crime – different outcomes for corrupt lawyers in England and Canada.

Jailed lawyer Diljit Bachada

British solicitor Diljit Bachada fabricated evidence and placed false documents before the court in a civil dispute. She was caught when it was found that her documents contained a copyright notice that didn’t come into existence until six months after the date of the forged documents. (Law Society Gazette: Solicitor jailed for falsifying legal documents)

As a result, Bachada will spend the next four and a half years as a guest of Her Majesty’s Prisons. A second solicitor, Tharinjit Biring, assisted by providing a false witness statement and will spend eighteen months in prison.

In Canada though, Ontario’s Law Society of Upper Canada covered up and whitewashed hundreds of crimes by lawyers who committed criminal offences against their clients – according to the Toronto Star’s Broken Trust investigation.

In my own case, three corrupt Bay Street lawyers fabricated evidence and committed other criminal offences – yet the Law Society of Upper Canada, the legal profession and the courts gave them a pass.

The Law Society of Upper Canada is an exclusive club, and once you’re in it the rule of law doesn’t always apply. It just wouldn’t do to send senior members of the club to jail – even if an innocent man must go to prison instead.

Corrupt Ontario lawyers Sebastien Kwidzinski, Gerald Ranking & Lorne Silver lied to the courts.

The three corrupt Bay Street lawyers in my case are:

On November 17, 2009, Ranking, Silver and Kwidzinski crafted a false ‘Statement for the Record’ of a telephone call they had with me, Donald Best. They falsely told a judge in writing and then orally in court that I had informed them during the call that I did receive a certain court order. In fact I had told them many times that I had not received the court order and they cross-examined me on this point.

The corrupt lawyers did not know that I was in Asia and had secretly recorded the phone call which proved they lied to me in the call and to the judge. Further, later evidence showed that Ranking and his secretary lied to the court about sending me the court order via courier.

Further, Ranking and Kwidzinski’s purported ‘Barbados registered’ client was in fact a phony, non-entity which had been fraudulently created for the purpose of deflecting liability from their real client. Ranking was of course never able to present registration documents for his phony client. In January 2013 he was again caught red-handed filing fraudulent documents intended to legitimize his non-existent client some three years after the case had ended.

Then there is the fact that Gerald Ranking and Fasken Martineau law firm received over a million dollars in settlement and court costs which could not have been transferred to their non-existent client. That, my friends, is a badge of fraud and money-laundering.

Oh… and did I mention that Ranking and Kwidzinski illegally hired a corrupt Ontario Provincial Police officer to perform an illegal investigation for them? It’s called bribery of a peace officer under the Criminal Code of Canada.

Yes, the Law Society of Upper Canada and the courts were and are well aware of all of this – but the Bay Street lawyers are members of The Club, and rule of law doesn’t apply to them.

Notice to readers, including Persons and Entities mentoned in this article

As always, if anyone disagrees with anything published at DonaldBest.CA or wishes to provide a public response or comment, please contact me at info@donaldbest.ca and I will publish your writing with equal prominence. Comments left on articles are moderated at least once a day. Or, of course, you can sue me and serve my lawyer Paul Slansky. You can find Mr. Slansky’s information here.

Photos have been included to put context to the article. Their use is the same as with other Canadian news outlets.

Donald Best
Barrie, Ontario, Canada

* Thanks to a loyal reader who informed me of the jailed British lawyers.

 

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