Body cameras only a part of the solution to re-building trust in the police

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by Donald Best

by Donald Best

The Toronto Police recently announced a one-year $500,000 pilot project to outfit 100 officers with body cameras to record investigations and dealings with the public. At first look, $5,000 per officer seems outrageous until we consider that this is a pilot study with many facets of which the physical equipment comprises only a small portion of the budget. Online research shows dedicated police body cams starting at only US$199, but the data storage and management costs typically exceed the cost of the equipment by many times per year. The costs to outfit every Toronto officer would be many millions initially, with significant ongoing costs annually.

Nonetheless, the cost/benefit ratio to both the police and Canadians in general will, I strongly believe, fall on the side of implementing the system for every police officer in contact with the public or involved in conducting investigations.

As a former Toronto Police sergeant and undercover investigator of organized crime, I know that the simple knowledge that events are being recorded has a profoundly positive effect upon the behaviours of both police officers and citizens. Even the possibility of hidden recordings due to the universal presence of cell phone videocams is already having an impact upon officer behaviour, to the benefit of all concerned.

I have often relied upon hidden audio and video recordings because they present to the court and everyone the irrefutable truth. Such recordings are only a part of the evidence and have their own limitations, but at least they deter any liars on all sides from fabricating evidence and narratives out of thin air: or expose them after they have done so as more than a few rogue police officers in Canada and the USA have discovered lately.

Other citizens commented on a recent Globe and Mail editorial praising the Toronto Police initiative, that the real test of the police body cameras will be in whether the police and justice system actually use the video recordings to hold police officers accountable for serious wrongdoing.

Time for independent civilian oversight of Ontario’s lawyers?

At least with the police, there is independent civilian oversight on several levels as well as the efforts of the media and hardworking lawyers to try to ensure justice is done and also seen to be done. Not so with Ontario’s legal profession though.   Read more

RCMP and Crown prosecutors illegally distribute Senator Mike Duffy’s email password to the public

In the Duffy case, the RCMP and Crown prosecutor committed a criminal offence under section 402.2(2)

A cynic might say that the corruption trial of suspended Senator Mike Duffy has produced no surprises, but that does not do justice to most ordinary Canadians who, despite all the standard jokes about politicians, expect and demand that laws, rules and standards should apply equally to all; including to those in positions of power and authority such as police, lawyers and Crown prosecutors.

As Ezra Levant points out in the above video, the Royal Canadian Mounted Police and Crown prosecutors released to the public, an unredacted version of Senator Duffy’s personal diary; including intimate communications with his wife, personal medical details and some of Senator Duffy’s Identity Information (as defined in the Criminal Code), including his email password.

Notwithstanding how disgusting it is that Canada’s national police agency and Crown prosecutors should have engaged in an act that is so obviously designed to embarrass and punish Mr. Duffy and his close family members, the release of Mr. Duffy’s email password is a criminal act, specifically prohibited by law in Canada. The fact that the reckless distribution happened in court documents is no excuse in law. Some would say the abuse of the court process makes the act even more reprehensible.

Best v Ranking civil lawsuit alleges prosecuting lawyers recklessly distributed to the public tens of thousands of documents containing Identity Information

As terrible as the actions of the police and the Crown are in the Duffy case, the amount of Identity Information illegally distributed pales in comparison with another case currently before the Ontario Superior Court.

In the Donald Best vs Gerald Ranking civil case, the plaintiff Donald Best alleges that defendants Gerald Ranking, Paul Schabas, Lorne Silver and others deliberately released and recklessly distributed to the public tens of thousands of unredacted privileged legal documents containing vast amounts of Identity Information and other personal and confidential information for Mr. Best, his family members and dozens of other persons who had nothing to do with the case before the courts.

In his March 31, 2015 affidavit asking the court to issue an injunction against the defendants, Mr. Best alleges:

“The defendants previously placed into the public domain, and recklessly distributed, tens of thousands of documents containing Identity Information and other private, confidential information for me, my family members and my company’s witnesses; and also for dozens and dozens of persons and entities who have nothing to do with me or my case.

As just one egregious example of thousands, defendants unlawfully took from the Orillia, Ontario law office of my company’s lawyers, the medical file of my lawyer’s dying mother, including end-of-life ‘do not resuscitate’ instructions to medical staff. The defendants and their ‘John Doe’ co-conspirators recklessly distributed this to members of the public, published it on the internet, and then filed it as ‘evidence’ with the court without notifying the judge. The defendants and their co-conspirators are still recklessly distributing this medical file in 2015. The defendants refuse to stop.”

Further, Mr. Best states:  Read more

Donald Best files Injunction Motion against Barbados Underground publisher Euclid Herbert, Ontario Provincial Police and civil case defendants

“Certain defendants illegally employed and illegally paid a serving Ontario Provincial Police Detective Sergeant ‘on the side’ for illegal private investigations of the Plaintiff and for illegal access to police personnel, records and resources, and for the exercise of police powers and authorities outside of normal systems, procedures and jurisdictions, to benefit defendants in a civil lawsuit…”

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Recently filed legal documents in the Ontario civil case Donald Best v Gerald Ranking ask the court to put a stop to the continued reckless distribution of Identity Information for the plaintiff Donald Best, his witnesses, their family members and other victims.

Best is also asking the judge to make the defendants, including police and lawyers, account for their past reckless distribution to the public of Identity Information and other private and confidential information. The Notice of Motion claims that some defendants maliciously placed this private information into the public domain through Euclid Herbert’s ‘Barbados Underground‘ website and by other means of distribution.

The full Notice of Motion including Donald Best’s March 31, 2015 affidavit with exhibits can be downloaded in .pdf form here: (March 31, 2015 Injunction Motion, 17mb)

QUICK DOWNLOAD: Injunction Notice of Motion and Donald Best’s supporting affidavit (without exhibits) here: (March 31, 2015 Injunction / Donald Best affidavit; no exhibits 1.8mb)

You can quickly read the Notice of Motion and Grounds here without downloading:   Read more

Defendant Iain Deane admits all allegations in Donald Best vs. Gerald Ranking civil lawsuit. Iain Deane in default of Ontario Superior Court.

Lawyer Andrew Roman and his client Iain Deane (right)

Miller Thomson lawyer Andrew Roman and his client Iain Deane (right)

According to documents filed with Ontario Superior Court in the Donald Best vs Gerald Ranking civil lawsuit, after being personally served with the Statement of Claim and Jury Notice, defendant Iain Deane failed to file a defence or otherwise respond to the court.

Under Ontario Rule 19.02 (1) (a), Deane is deemed to have admitted all of the facts in Mr. Best’s Statement of Claim and has deliberately abandoned his right to defend himself before the Ontario Superior Court in a $20 million dollar lawsuit.

Default (failing to answer a civil lawsuit) is serious business in Canada. 

Because Iain Deane abandoned the court process, Mr. Best does not have to serve Deane with any further legal documents. Best’s lawyer Paul Slansky has petitioned the court for a ‘Default Judgement’ against Mr. Deane for 19 million dollars. The case will be heard in June of 2015. In the event of a positive decision for Mr. Best, all of Iain Deane’s personal assets would be at risk to the amount of $19 million dollars. According to some lawyers, even if Iain Deane transferred assets to his spouse or others those assets would still be at risk.

Why would Iain Deane place himself and his assets gained over a lifetime at risk in this manner?

Why would Iain Deane not defend the serious allegations against him?

Why would someone accused of gross violations of criminal law and civil wrongdoing not present themselves before the court? According to evidence filed with the Ontario Superior Court, the plaintiff Donald Best alleges that:

“Iain Deane’s default and failure to file a defence to my Statement of Claim is deliberate and strategic, and that his decision to default came after extensive consideration, almost certainly in consultation with his lawyers and other defendants, as to the possible benefits, consequences and risks of this strategy to default.”

Further, evidence filed with the court states that:

“Iain Deane is aware that he and his co-conspirators face strong evidence implicating them in the overall Campaign and other acts of wrongdoing.

Iain Deane is aware that filing a Statement of Defence or otherwise answering my Statement of Claim would expose him to cross-examination and the production of evidence for the court that would further implicate him and his co-conspirators in the Campaign of harassment, intimidation, violence and other criminal acts. He knows that he and his co-defendants cannot possibly refute the evidence against them,

Iain Deane knows that the evidence against him and his co-conspirators includes irrefutable voice recordings, business records, internet records, court transcripts and legal records showing the commission of various criminal acts in support of the overall Campaign. This knowledge is strong motivation for Iain Deane and other defendants to default, because they know that they have no viable defence, and they do not want to add evidence to the already strong case against them.”

A copy of the Motion Record for Default Judgment against Iain Deane is available at DonaldBest.CA: 20141222 Deane Default Motion (PDF 6.1mb)

As always we remind our readers that none of the allegations has yet been proven in a court of law, and to our knowledge none of the defendants has filed a Statement of Defence. Visitors to this website are encouraged to examine the legal documents and other evidence posted here, to do independent research and to make up their own minds about the civil lawsuit known as ‘Donald Best v. Gerald Ranking et al’. (Superior Court of Justice, Central East Region: Barrie, Court File No. 14-0815)

Miller Thomson LLP client claims lawyer Andrew Roman suggested publication of privileged documents on anonymous website

Andrew Roman Iain Deane SAN

Andrew Roman (left) and Iain Deane*

#2 in the Miller Thomson LLP series.

(Coming in #3: How Miller Thomson LLP personnel anonymously posted information on the Internet about the National Hockey League Players’ Association, NHLPA Executive Director Bob Goodenow, NHLPA associate counsel Ian Pulver and other National Hockey League personalities)

Evidence filed in Ontario Superior Court alleges that Miller Thomson LLP lawyer Andrew Roman** delivered legally privileged documents to his client, Iain Deane, and suggested that Deane should publish the documents on an anonymous website known for threats and harassment against court witnesses.

At the time, lawyer Andrew Roman represented defendant Deane in the ‘Nelson Barbados Group Ltd vs Cox’ civil lawsuit. These allegations have not yet been decided by the Ontario courts.

Iain Deane, writing under his own name on January 29, 2009 on the anonymously published Barbados Underground website, stated:

Iain Deane | January 29, 2009 at 8:01 AM |

Dear Barbados Underground,

I received last night a courtesy copy of a letter from senior litigation counsel at Miller Thomson LLP, Mr. Andrew J. Roman. Mr. Roman is the head of the department that that excellent (and very beautiful) and truthful lawyer, Miss Maanit Zemel works for.

Along with it was a personal note that seems to me to suggest that he would not be averse to me forwarding his letter on to Barbados Underground and I have written to him for confirmation of this. If he gives permission, I shall send a copy to Barbados Underground immediately. This letter sets out unequivocally the falsehoods (proven) in the scandals emanating directly from the offices of one K. William McKenzie (whom I met briefly, along with my cousin John Knox, in Toronto on November 3rd last year at my cross-examination). Mr Roman’s letter suggests the remedies that may now be sought.

Iain Deane’s January 28, 2009 Barbados Underground post and comments (PDF 126kb)

According to sworn evidence, the Ontario lawsuit ‘Nelson Barbados Group Ltd. vs Cox’ in which Iain Deane was a defendant against Nelson Barbados, was characterized by an ongoing long term campaign of criminal offenses, violence, intimidation and harassment against persons on the side of the Nelson Barbados Group Ltd litigation, and their families, with the intent of deterring… persons from seeking justice before any court.

Part of that ongoing campaign against witnesses and their family members involved the illegal and reckless distribution to the public of tens of thousands of confidential and privileged legal documents. As well, the campaign included anonymous threats and harassment via the Internet, including horrific threats to rape and murder family members of witnesses who testified on behalf of Nelson Barbados.

Our first post in this Miller Thomson LLP series details how forensic evidence shows that beginning in at least 2004 and continuing for many years, personnel from the Toronto law office of Miller Thomson LLP used the Internet to anonymously threaten, intimidate and harass Nelson Barbados witnesses who opposed Miller Thomson clients.

Iain Deane’s January 29, 2009 public statement that he had to seek permission of his lawyer Andrew Roman to post privileged documents on the Internet was not the first indication that the malicious publication of privileged documents was planned, coordinated and controlled as part of a campaign of harassment, threats, violence and other criminal acts against witnesses in the Nelson Barbados litigation. This is according to evidence filed in Ontario courts.

Read more

Court evidence: Anonymous online threats against 82 year old widow originated from Miller Thomson Law Office

Miller Thomson Lawyers SAN

Allegations & evidence against Miller Thomson LLP and lawyers Andrew Roman, Maanit Zemel*

#1 in the Miller Thomson LLP series.

Evidence filed in Ontario Superior Court shows that beginning in at least 2004 and continuing for many years, personnel from the Toronto law office of Miller Thomson LLP used the Internet to anonymously threaten, intimidate and harass witnesses who opposed Miller Thomson clients in lawsuits.

In 2004 Mrs. Marjorie Knox, an elderly widow, lived in Barbados. She and her adult children were witnesses in a lawsuit against Kingsland Estates Limited. (Kingsland Estates Limited is now a defendant in the Donald Best v. Gerald Ranking civil case in Ontario Superior Court)

What began with Miller Thomson LLP’s anonymous Internet harassment of Mrs. Knox and her family, soon expanded into a large, coordinated online campaign where Kingsland supporters made vile anonymous threats; including to burn witnesses’ homes, to rape and murder Mrs. Knox and to sneak into the family home at night and slit her daughter’s throat while she slept.

The initial Miller Thomson LLP anonymous internet campaign against Mrs. Knox, her family and associated witnesses escalated from online threats to actual physical crimes in Barbados, Canada and other countries. These acts included mail theft, sabotage / vandalism of vehicles, home break-ins, assault, arson, and the 2012 gunpoint kidnapping and beating of John Knox at the family home by persons having a connection with Kingsland Estates Limited.

Faced with this campaign of threats and violence, Mrs. Knox was forced at age 86 to leave her homeland of Barbados. She presently lives somewhere in the United States and is fearful of returning to Barbados.

All this is according to sworn evidence filed in the Ontario courts. Our readers can review much of the evidence here at DonaldBest.CA and make up their own minds about the civil lawsuit known as ‘Donald Best v. Gerald Ranking et al’. (Superior Court of Justice, Central East Region: Barrie, Court File No. 14-0815)

How Miller Thomson LLP was caught making anonymous online threats against court witnesses

Today many people are aware that their Internet activities can reveal their true identity, location and other information. Despite this growing awareness, in the last few years the news has been full of cases where persons who thought themselves to be anonymous on the Internet were identified and sometimes arrested, sued or fired for their criminal online activities.

Ten years ago though, most people didn’t realize that sending an email, surfing the web or posting an anonymous comment on a website leaves electronic tell-tales that can lead right back to the source.

In 2004, the Miller Thomson law office personnel making the Internet threats were obviously unaware that they left a record of their ‘IP’ (Internet Protocol) number when they ‘anonymously’ sent emails and posted comments on the Knox family website, then called ‘Keltruth.com’. The law office personnel were also unaware that unlike most home internet set-ups where IP numbers frequently change, Miller Thomson LLP’s internet service is assigned fixed IP numbers that openly identify the law office and its address of 40 King Street West, Toronto.   Read more

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