R. v. Bancroft, 2021 ONCJ 12

CITATION : R. v. Bancroft , 2021 ONCJ 12 DATE: January 8, 2021 COURT FILE No: 17-1223 O N T A R I O C O U R T OF J U S T I C E B E T W E E N : HER MAJESTY THE QUEEN -AND- KYLE BANCROFT Before Justice Michael G. March Heard on June 11, 13, 14, 17, July 18, 19, September 4, 5, 6, 9, 10, 18, October 21, 30, November 19, December 9, 11, 17, 2019, January 8 and 17, August 18, 19, October 19 and 29, 2020 Reasons for Judgment released on January 8, 2021 Teresa James…………………………………………………………….Counsel for the Crown Kyle Bancroft……………………………………...………..……….Self-Represented Accused March, M.G., J. : Introduction: 1 . The accused, Kyle Bancroft,(“Bancroft”) stands charged that:

a) on December 28, 2015, he conspired with Roy Wiggins and Cary St. Michael to commit the indictable offence of fraud by selling a wood processor and then claiming to its insurer it was stolen contrary to section 465(1) (

c) of the Criminal Code (“the Code ”);

b) on December 28, 2015, Bancroft had in his possession a quantity of Canadian currency of a value exceeding $5,000.00 knowing that the currency was obtained by the commission of an offence punishable by indictment, to wit, the proceeds of the sale of the wood processor contrary to section 354(1) (

a) of the Code ;

c) on December 30, 2015, Bancroft committed public mischief with intent to mislead by causing Provincial Constable J. Cassidy, a peace officer with the Ontario Police Provincial Police, to enter upon an investigation by reporting that the offence of theft had been committed, when it had not, contrary to section 140(1) (

c) of the Code ;

d) on February 1, 2016, Bancroft, being a person required by law to make a statement orally under oath, to wit, an interview under K.G.B. caution with Commissioner of Oaths, Karen Wren, did make a false statement, to wit, the theft of his wood processor, knowing the statement was false contrary to

section 131 of the Code ;

e) on January 26, 2017, by deceit, falsehood or other fraudulent means, Bancroft attempted to defraud Economical Mutual Insurance Company of the sum of over $5,000.00 by filing a false insurance claim contrary to section 380(1) (

a) of the Code ;

f) on January 26, 2017, Bancroft knowingly made a false statement, to wit, a Proof of Loss to Economical Insurance Company with intent that it be acted upon as genuine, and did thereby commit forgery contrary to

section 367 of the Code ;

g) on January 26, 2017, Bancroft knowingly used a forged document, to wit, a Proof of Loss form as if it were genuine contrary to section 368(1) (

a) of the Code ;

h) on August 21, 2015, Bancroft, by deceit, falsehood or other fraudulent means, defrauded National Leasing of a sum of $54,838.05 by forging a bill of sale for a 2014 Cord King wood processor that never existed contrary to section 380(1) (

a) of the Code ;

i) on August 21, 2015, Bancroft conspired with Cary St. Michael to commit the indictable offence of fraud by planning the fraudulent sale of a wood processor and forging a bill of sale for said wood processor contrary to section 465(1) (

c) of the Code ;

j) on August 19, 2015, Bancroft knowingly made a false document, to wit, a leasing agreement for a 2014 Cord King Wood Processor with intent that it be acted upon as genuine, and did thereby commit forgery contrary to

section 367 of the Code ;

k) on August 19, 2015, Bancroft knowingly used a forged document, to wit, Application of a Leasing Agreement for a 2014 Cord King Wood Processor as if it were genuine contrary to section 368(1) (

a) of the Code ;

l) on August 24, 2015, Bancroft had in his possession Canadian currency of a value exceeding $5,000.00 knowing that the currency was obtained by the commission in Canada of an offence punishable by indictment, to wit, fraud relating to a bill of sale for nonexistent property, a 2014 Cord King Wood Processor, contrary to section 354(1) (

a) of the Code . 2 . Originally, Bancroft faced 11 other charges in a 23 count Information before this Court; however, 5 of those 10 charges were withdrawn at the outset of trial on June 11, 2019, (i.e. Cts. 18 through 22 inclusive). A further 5 were dismissed on August 19, 2020 at the invitation of the Crown (Cts. 13 through 17 inclusive). On October 19, 2020, the Crown stayed Ct. 23, a charge of obstructing the course of justice. 3 . Bancroft represented himself.

He was denied the assistance of counsel when his Rowbotham application to the Superior Court of Justice was dismissed on March 28, 2019 well prior to the commencement of this trial. 4 . Bancroft also brought 4 other applications seeking a stay of his charges under section 24(1) of the Canadian Charter of Rights and Freedoms . Those were all dismissed over the course of his trial as well. The Relevant Evidence: August 19 to 24, 2015 (Counts 8 to 12) 5 .

Aaron Nemchin (“Nemchin”), an account manager with National Leasing Company (“National Leasing”) for some 17 years, testified on June 13, 2019 that he had dealings with Bancroft in 2015. 6 . Nemchin obtained from Bancroft the year, make, model, and serial number for a wood processor which Bancroft intended to acquire. 7 . Of note, the serial number provided by Bancroft for the wood processor was CMIS2040 CAT32641587. 8 . David Kravacek, the general manager for the manufacturer of the wood processor, Cord Master International Inc. (“CMI”), testified that the serial number was nonsensical.

The string of numbers 3264 in the aforementioned serial number signified a manufacturing date in the 3000’s. 9 . Nemchin stated that he conducted research into the value of the wood processor. He also inquired whether there was a lien registered against it by doing a search under the Personal Property Security Act. 10 . Nemchin then prepared lease documents for the processor and a Bill of Sale dated August 19, 2015, which were made Exhibit 1. 11 . The arrangements for Bancroft’s lease of the wood processor were all done over the phone.

12 . Nemchin spoke to the person he believed to be the seller, one Cary St. Michael (“St. Michael”). Nemchin obtained from St. Michael his full legal name, address and date of birth. 13 . Under the Bill of Sale, the seller, St. Michael gave title to the wood processor to National Leasing. 14 . The purchase price for it was fixed at $62,200.00. The Bill of Sale was signed by St. Michael not in the presence of Nemchin. 15 . Next, Nemchin prepared a Direction to Pay made Exhibit 2 at trial and dated August 19, 2015. 16 .

The Direction to Pay obligated National Leasing to transmit funds in the sum of $54,838.05 to St. Michael. This sum subtracted from the purchase price the $6,220.00 deposit St. Michael represented to National Leasing that Bancroft had already paid toward the wood processor, as well as arrangement and administration fees totaling $1,141.95. 17 . Under authority of the Direct Deposit Notification signed by St. Michael, dated August 19, 2015, and made Exhibit 5 at trial, National Leasing sent $54,838.05 to his account with the Bank of Montréal in Renfrew, Ontario. 18 .

Nemchin identified Lease Agreement No. 2730901 made Exhibit 3 at trial between National Leasing as lessor and Bancroft as lessee of the wood processor. The agreement to lease was signed by Bancroft on August 18, 2015. It was accepted by National Leasing on August 20, 2015. 19 . The agreement contemplated a 48 month term under which Bancroft was obligated to pay 47 monthly instalments of $1,639.72 plus applicable taxes commencing on October 1, 2015. The $6,220.00 down payment was deemed to be the first paid instalment under the agreement. 20 . Bancroft made payments under the agreement until January 1, 2016. 21 .

In or around January 1, 2016, Bancroft communicated to National Leasing that the wood processor had been stolen. National Leasing encouraged Bancroft to continue to make his monthly payments while pursuing a claim for the loss of the wood processor through his insurer. 22 . Nemchin explained that before funds were originally paid out at Bancroft’s direction under the Lease Agreement, National Leasing confirmed that Bancroft had properly insured the wood processor. 23 . National Leasing is, of course, a finance company, not a manufacturer.

National Leasing expected full payment to be made by expiry of the 48 month term of the lease irrespective of any loss of the wood processor. 24 . National Leasing only received four paid monthly instalments under the Lease Agreement it had with Bancroft. 25 . According to Nemchin, National Leasing has accrued $142,000.00 in expenses pursuing Bancroft for its loss civilly. Nemchin did not know whether National Leasing’s civil claim against Bancroft has been finally determined. 26 . The Bill of Sale, Direction to Pay and Direct Deposit Notification were all sent to St. Michael and signed by him. 27 .

The Leasing Agreement was emailed to Bancroft and signed by him. 28 . St. Michael testified that he became involved with Bancroft when he went to work for him around three or four years prior to testifying on June 14, 2019. St. Michael came across a Kijiji advertisement Bancroft posted seeking a labourer. 29 . St. Michael applied for the job and obtained it. 30 . He worked on site for Bancroft at his home located at 111 Burnstown Rd., White Lake, Ontario. 31 . St. Michael explained that Bancroft was in the lumber business. He ran a wood processor.

He also planed wood in his mill according to his customers’ specifications. 32 . Bancroft made lumber sales to customers across Ontario. He did deliveries as well. 33 . The wood processor was basically a piece of machinery designed for making firewood. It would cut and split the logs placed in it. 34 . Depending on what was required, St. Michael would either do the planing, or would make the firewood upon Bancroft’s direction. 35 . St. Michael clarified that there was just one wood processor on Bancroft’s property when he worked for him. It was the biggest of the types made by Cord King International Inc.

Over the course of time St. Michael worked for Bancroft, there never was a second wood processor he saw at the workplace. 36 . St. Michael stated that he was involved in the fraud to acquire financing for the non-existent wood processor. It was Bancroft’s idea as to how the fraud would be perpetrated. 37 . St. Michael insisted that he did not want to carry out the fraud at first. Bancroft kept bugging him to go along with it. Finally, St. Michael agreed. 38 . The plan was for St. Michael to pose as the owner of the non-existent, smaller wood processor. 39 . Bancroft instructed St.

Michael that he had to make the financier believe that he had been paid $1,000.00 as a down payment. The rest would have to be financed to allow Bancroft to acquire the wood processor from St. Michael.

40 . St. Michael believed that he spoke to Nemchin, a representative with National Leasing. St. Michael told Nemchin that Bancroft had given him one thousand dollars. Bancroft also provided St. Michael with the serial number for the smaller, non-existent wood processor. St. Michael supplied this information to Nemchin over the phone. 41 . St. Michael identified an email dated August 13, 2015 sent from Bancroft’s email address, paylessfirewood@hotmail.com , and made Exhibit 14 on the trial, to Nemchin. 42 . Additionally, Bancroft wrote the serial number for the non-existent wood processor on the email for St.

Michael. Where Bancroft came up with the serial number, St. Michael did not know. 43 . St. Michael confirmed that Nemchin did not ask about the particulars of the non-existent wood processor. Nemchin did tell St. Michael he would verify the serial number. Nemchin communicated to St. Michael as well that he would look into the value of the wood processor. He lastly took from St. Michael bank account details, and a Direct Deposit Notification form. 44 . St. Michael recognized his signature on the Bill of Sale made Exhibit 1 on the trial.

He confirmed that he did not own the wood processor to which this document referred. 45 . St. Michael denied that he received any real benefit from the fraud perpetrated upon National Leasing. He signed the Bill of Sale to help Bancroft. St. Michael knew what he was doing was wrong. 46 . He further acknowledged his signature on the Direction to Pay made Exhibit 2 on the trial. He knew by signing that document he authorized National Leasing to pay the sale price less deposit and administration fees for the non-existent wood processor into his bank account. 47 . Equally, St.

Michael identified the Direct Deposit Notification made Exhibit 5 on the trial as containing his signature as well. 48 . He also recognized the facsimile number on the documents prepared by National Leasing to have been transmitted from the Renfrew Library. St. Michael’s bank account with the Bank of Montréal was also in Renfrew. 49 . St. Michael explained that he delivered all his bank records to Detective Constable Snider of the OPP. The address indicated on the Direct Deposit Notification was where St. Michael lived at the time. 50 . On August 21, 2015, National Leasing transferred $54,838.05 to St.

Michael’s bank account in Renfrew. 51 . In turn, St. Michael e-transferred some of the monies received from National Leasing to Bancroft. 52 . St. Michael stated that he knew what he did to assist Bancroft was a fraud. St. Michael did not want to keep any of the funds himself. 53 . On Bancroft’s instruction and over the course of several days, St. Michael e-transferred to Bancroft a large sum of the funds he received from National Leasing. 54 . On August 24, 2015, St. Michael e-transferred $6,000.00 to Bancroft. He also withdrew $500.00 in cash.

He further obtained a bank draft from the Bank of Montréal in the sum of $25,000 in order to buy lumber from “Shaw’s”, a forestry products business in Pembroke. A copy of the bank draft made payable to “Herb Shaw and Sons” was made Exhibit 17 at trial. 55 . St. Michael acted on Bancroft’s instruction in acquiring that lumber. St. Michael delivered it to Bancroft’s property at 111 Burnstown Rd. in White Lake, Ontario. 56 . To St. Michael’s recollection, the lumber obtained from Shaw’s was separated and sold to Bancroft’s various customers. 57 . On August 24, 2015 as well, St.

Michael withdrew $5,000.00 in order to buy logs from a man in Cobden in order to process it into firewood. St. Michael testified that Bancroft negotiated the amount of wood and the price. St. Michael paid the seller in cash. 58 . Those logs, St. Michael explained, were purchased prior to the disappearance of a bigger wood processor which actually existed, and which Bancroft utilized on his property. 59 . Also on August 24, 2015, St. Michael used his bank card to buy $108.00 worth of gas from Canadian Tire. 60 . That same day as well, St. Michael e-transferred $3,000.00 to Bancroft. 61 . On August 25, 2015 St.

Michael e-transferred $1,000.00 to Bancroft. 62 . On August 26, 2015, St. Michael gave evidence that he made miscellaneous purchases for Bancroft’s benefit at the White Lake General Store. A $4.00 service charge applied for the debit card purchases St. Michael made. 63 . On August 27, 2015, St. Michael made debit card purchases from Gourley’s Variety Store, but he was unsure of the nature of those transactions. 64 . On August 28, 2015, St. Michael made a debit card purchase from Canadian Tire in the sum of $94.27 to refuel his vehicle. 65 . On August 31, 2015, St. Michael e-transferred $3,000.00 to Bancroft.

A practical plan fee and Interac e-transfer fee of $4.00 and $7.50 applied to his account respectively. 66 . On August 31, 2015 as well, St. Michael withdrew the sum of $6,000.00 from his bank account. St. Michael testified that those

funds were required to buy more logs or lumber. It was Bancroft who negotiated the price with the seller. Bancroft either called or texted St. Michael to obtain those funds. 67 . On September 1, 2015, St. Michael e-transferred $3,000.00 to Bancroft. 68 . On September 8, 2015, St. Michael used $114 .76 to pay the insurance for his vehicle. 69 . On September 8, 2015, St. Michael e-transferred $1,550.00 to Bancroft. 70 . In total, St. Michael’s banking records confirmed that Bancroft received $17,550.00 in e-transfers of the $54,838.05 in funds received from National Leasing for the non-existent wood processor. 71 .

St. Michael testified that he derived no benefit from the sale of the lumber. He was only ever paid an hourly wage by Bancroft. 72 . St. Michael never spoke to Bancroft’s insurer about the purported loss of the non-existent wood processor. 73 . The first person St. Michael ever told about the fraud he perpetrated with Bancroft was Detective Constable Snider at or about the time of his arrest. 74 . Under cross-examination, St. Michael did not agree when it was suggested to him that he had ever offered to sell an actual wood processor to Bancroft. 75 .

When Exhibit 14, the email sent from payless firewood@hotmail.com to Nemchin on August 13, 2015, was shown to St. Michael, he identified the handwriting setting out the serial number on the face of the document as Bancroft’s. The serial number was the one provided by St. Michael to Nemchin for the non-existent wood processor. 76 . St. Michael confirmed that Bancroft did not touch the Bill of Sale (Exhibit 1), the Direction to Pay (Exhibit 2) or the Direct Deposit Notification (Exhibit 5). 77 . St.

Michael testified that he only held onto the money received from National Leasing long enough for it to be transferred to Bancroft. 78 . St. Michael maintained that it was common for him to go to Shaw’s. He always paid with cash. There was only one occasion when he took a bank draft for $25,000.00. He travelled alone to collect the wood. He did not recall being accompanied by Bancroft. 79 . St. Michael did not recall Bancroft taking a trip to the Niagara region around the time that they received the money from National Leasing for the non-existent wood processor. 80 . St.

Michael knew that their conduct in obtaining funds from National Leasing was fraudulent. St. Michael denied that he received any real benefit from the scam Bancroft and he concocted. 81 . St. Michael maintained that all cash withdrawals from his bank account from August 24 to September 8, 2015 were handed over to Bancroft. 82 . On one occasion, St. Michael recalled an incident where Ginger Zilney and Bancroft were counting out large sums of cash in their residence located at the workplace. 83 . St. Michael believed that there may have been two trips to Shaw’s to acquire wood. 84 .

He reasserted that Bancroft gave to him the serial number to be provided to National Leasing. 85 . St. Michael vehemently denied that during the time he was employed by Bancroft there was ever a second wood processor at the workplace. 86 . St. Michael agreed that at the time of his arrest on July 26, 2017, he did ask Detective Constable Snider, “Could I not be charged if I gave you what you wanted?” The officer only offered in reply that St. Michael could attempt to group his charges together and then, to seek a plea bargain. 87 . The general manager of CMI, Mr. Kravacek, did not remember ever having fired St.

Michael, or St. Michael ever having been in the employ of the company. 88 . However, he did remember a telephone call from Bancroft in December of 2015 when Bancroft asked whether his company’s wood processors were equipped with GPS devices to locate them. Mr. Kravacek confirmed they did not. Kravacek believed this conversation occurred after Bancroft reported his wood processor stolen. 89 . On January 17, 2020, Corey Blakely (“Blakely”) testified that he worked for Bancroft on and off for years. Blakely recalled that he first was employed by Bancroft in the early 2000’s. 90 .

Typically, Bancroft would pay Blakely in cash at quitting time. Blakely denied that Bancroft ever solicited him to engage in criminal acts. 91 . Blakely knew St. Michael as a co-worker. According to Blakely, almost daily St. Michael would show up to work late. Blakely described St. Michael as a heavy drinker. The two men were not friends. 92 . Blakely only knew of a single wood processor which Bancroft utilized in running his firewood production business.

93 . Ginger Zilney (“Zilney”) testified that she was in a relationship with Bancroft for approximately five years. They lived together at his residence in Burnstown, Ontario. Their relationship ended in or about 2017. Around that time, Zilney moved out. 94 . Over the course of their relationship, she had no source of income. All she had was what Bancroft gave her. Occasionally she got some money from her mother. 95 . Zilney believed that the funds she received from Bancroft were derived from lumber and firewood sales. 96 .

She denied that she knew Bancroft obtained money from lumber contracts upon which he did not deliver. 97 . However, she stated that Bancroft had lied to her before, and she found out about it. 98 . Zilney was aware that Bancroft paid his employees in cash. 99 . She did not know if Bancroft paid income tax on the money he received from the sale of firewood and lumber. 100 . She would see St. Michael come and go from Bancroft’s workplace every day. She did not notice if Wiggins was around. She could not stand him. 101 . She was aware that Blakely lived next door to Bancroft’s property. 102 .

She could not recall if St. Michael and Wiggins were around during Christmas time 2015. 103 . She did not remember being present when St. Michael and Bancroft discussed the acquisition of a second wood processor. 104 . During the holiday season of 2015, Zilney remembered she was staying at her mother’s home in Petawawa. She moved there on December 12. She stayed until the second week of January 2016. 105 . She remembered that Bancroft would come to see her every second or third day. 106 .

On one occasion when Bancroft was with her at her mother’s place, he received a call and learned that his wood processor was stolen. He cried upon hearing the news. 107 . Zilney explained that she played no role in the acquisition of the wood processors. 108 . However, she seemed to recall that Bancroft financed a bigger one through CMI. The other one, he bought through St. Michael, but she only saw it once. 109 . Zilney did not know how Bancroft paid for the wood processors. Nor did she ever withdraw money from or have any knowledge of his bank accounts. He usually paid for everything in cash. 110 .

She recalled that Bancroft’s parents, in order to receive independent legal advice, accompanied him to Oshawa at the time he “leased” a wood processor, while Bancroft and she went to another lawyer’s office. 111 . She was aware that Bancroft was engaged in disputes with his family members frequently, but they did not involve St. Michael, Wiggins or Edmonds. 112 . Zilney remembered a vacation she took to Niagara Falls one summer with Bancroft before the disappearance of the big wood processor. Zilney’s son and his girlfriend came along on the trip as well. 113 . Bancroft funded the entire excursion.

Zilney did not know where the money came from to pay for it. 114 . Zilney believed that Bancroft’s business went downhill due to the theft of lumber from his yard. 115 . Gaetan Levesque (“Levesque”) testified on October 29, 2020 that he sometimes goes by the name of “G”. 116 . To Levesque’s recollection, he started working for Bancroft in November 2014. 117 . While in Bancroft’s employ, he learned how to operate wood processors. It was the preferred job. One could stay warm in the cab of the wood processor. 118 . One of the wood processors Levesque described as a “small little thing”.

Bancroft’s employees were expected to load logs onto its belt to make it go through the blade. It was not used much. It was hard to load logs onto it. It was kept beside the swamp. 119 . Levesque remembered that Bancroft’s business was brisk in the period of 2014 going into 2015. Two or three of Bancroft’s customers would come by daily. It was difficult to keep a sufficient supply of wood stacked, before people would want to take it away. 120 .

Levesque believed it was in the winter of 2015 or early 2016 that Bancroft thought about getting another wood processor around two months after Levesque started working for Bancroft. When shown an invoice for a wood processor from CMI dated February 14, 2014, Levesque assumed that that was one which Bancroft kept on his property in Barry’s Bay. Dec. 28, 2015 to Feb. 1, 2016 ( Counts 1 to 4) 121 . Robert Hansen (“Hansen”) established Cord Master International Inc. (“CMI”) in 1978. 122 . On February 14, 2014, Bancroft bought a Cord King Model 60 from CMI. Bancroft was able to make a $10,000.00 down

payment. Hanson testified he financed the balance of the purchase price personally. He took a chattel mortgage back from Kyle Bancroft using a home owned by Bancroft’s parents to secure the loan he gave to Bancroft to allow him to acquire the wood processor. 123 . The total price for the wood processor was $133,530.00. Hansen offered a 10% discount to Bancroft off the purchase price. Bancroft signed a Promissory Note to acknowledge the debt remaining to be paid to CMI. 124 . The Invoice, Promissory Note and Amortization

Schedule for repayment of the debt owed by Bancroft to CMI were collectively marked as Exhibit 8 on the trial. 125 . In December 2015, Hansen received word from Bancroft that the wood processor had been stolen. Bancroft then ceased to make payments on the loan he obtained from CMI. His regular monthly payments had not been made for two to three months prior to the disappearance of he wood processor. Hansen had been threatening to repossess the wood processor if Bancroft did not address his missed instalments. 126 . Blakely operated the big wood processor which Bancroft acquired from CMI.

He likened it to playing a big dangerous videogame. 127 . On December 28, 2015, Blakely remembered running the wood processor at Bancroft’s property and getting paid at the end of the day. 128 . On December 29, 2015, Blakely thought he was using the wood processor again, but he was unsure. 129 . On December 30, 2015, Blakely met St. Michael at the workplace and noticed that the wood processor was missing. To Blakely’s recollection, there had been a big snowstorm the night before. 130 . Blakely told St. Michael to call Bancroft to give him the bad news. Blakely stated that St. Michael looked baffled. 131 .

Blakely seemed to recall that Bancroft still had a large pile of logs left to be cut. However, there were only three chain saws and a wood splitter at their disposal to deal with those logs. 132 . Blakely did not speak to Bancroft about where the missing wood processor might be. 133 . Blakely did not see St. Michael after that day. Nor could he recall working for Bancroft ever again. 134 . St. Michael believed that in the winter of 2015, he assisted in moving a large wood processor, one that actually existed, to Maniwaki, Québec after dark. 135 . Bancroft had not told St.

Michael about the sale of the wood processor, which he had negotiated with a buyer in Québec. 136 . Roy Wiggins (“Wiggins”) told St. Michael about the sale the very evening the wood processor was to be transported. In fact, St. Michael recalled that he had been operating the wood processor with Corey Blakely earlier in the day. 137 . St. Michael explained that he met Wiggins when he first went to work for Bancroft. Wiggins was employed sporadically by Bancroft. 138 . St. Michael testified that the wood processor was a heavy piece of machinery. It required at least a three-quarter ton truck to pull it.

The conveyor, which attaches to the wood processor, was lighter. It was capable of being moved with a half ton truck. 139 . St. Michael recalled that the wood processor was connected to a one ton, Ford black truck owned by Lawrence Edmonds (“Edmonds”). The conveyor was hooked up to St. Michael’s 1996 Chevrolet half ton truck, which was greyish green in colour. 140 . During the transport of the processor and conveyor to Québec, Wiggins travelled with St. Michael in his half ton. Bancroft was not present. 141 . St. Michael explained that there was no need to discuss the transportation of the processor to Québec.

Bancroft paid him $12 per hour for the work he did. St. Michael remembered the exact route travelled to transport the machinery to Québec. While driving his half ton, Edmonds and he purposely avoided any highway scales or surveillance cameras to avoid detection of their licence plate numbers. 142 . St. Michael thought at the time that they were going to a job site. He was the type to take orders and do what he was told. It was Wiggins in particular, who was cautious about not having their movements seen en route to Québec. 143 . Ultimately, St.

Michael and Edmonds reached their destination in Maniwaki after a journey which lasted an hour to an hour and a half. Upon arrival, Wiggins told St. Michael and Edmonds to gas up their vehicles. Wiggins then went upstairs to speak to the person St. Michael believed to be the owner of the gas station. 144 . When Wiggins came downstairs, he told St. Michael to buy some items in the convenience store of the gas station. St. Michael did so. He noticed that Wiggins had an envelope full of money, most of which was made up of $100 bills. 145 . Thereafter, St.

Michael and Edmonds followed another gentleman parked in a nearby vehicle. They arrived soon after at a big yard, where they dropped off the machinery. 146 . St. Michael did not speak with the two individuals they followed to the yard. St. Michael believed them to be a father and son. They spoke French. Wiggins, St. Michael explained, is bilingual. He was able to show the father and son what to do in order to operate the machinery. 147 . St. Michael then drove Wiggins to Ottawa to meet Bancroft. St. Michael believed Edmonds simply headed home in his vehicle

after dropping off the wood processor. 148 . St. Michael and Wiggins travelled to an area in Ottawa known as Parkdale – close to where Wiggins’ father lived. Bancroft was waiting for them in his truck. 149 . Wiggins entered Bancroft’s vehicle with the envelope of money. Wiggins sat beside Bancroft. Wiggins gave the envelope to Bancroft. St. Michael stood outside. Bancroft then handed to St. Michael a $100.00 bill. 150 . St. Michael was not happy with the pay he received from Bancroft. St. Michael reckoned he had worked a 12 hour day.

He thought he ought to have received at least $144.00 given his regular wage of $12.00 per hour. 151 . St. Michael did not complain to Bancroft at the time. It was late. He just wanted to go home. 152 . Thereafter, whenever St. Michael went to work on Bancroft’s property, no wood processor was there. 153 . St. Michael recalled that the next time Bancroft telephoned him to come to work, Bancroft told him that he wanted Corey Blakely and him to “Go cut wood”. 154 . St. Michael responded that there was no longer any wood processor to cut it. 155 . Bancroft pretended to be in shock and commented, “Really?”.

He added, “Someone must’ve stolen it. I’m going to call the cops.” 156 . St. Michael testified that it could have been later that day that police showed up at the worksite at 111 Burnstown Rd. in White Lake. He remembered that it was Constable Cassidy. The officer wanted to take a statement from Bancroft. 157 . In speaking to the police officer, Bancroft tried to put the blame on his family members, Karen and Bob. Bancroft told the officer he thought the wood processor had been stolen. He had tears in his eyes as he told the story. St. Michael thought that Bancroft was “ . . . a pretty good actor”. 158 .

Constable Cassidy did not ask St. Michael any questions. 159 . St. Michael had no real conversation thereafter with Bancroft about what he had told Constable Cassidy. However, Bancroft told St. Michael that he thought Constable Cassidy believed him that his family members had stolen the wood processor. 160 . A day or two later, Bancroft told St. Michael he wanted to call his insurer and make a claim for the wood processor. 161 . St. Michael conceded that he did not speak up and tell police the truth about what had actually happened. He was worried about losing his job.

Bancroft was his only source of income. 162 . St. Michael explained that when he first started working for Bancroft, he was getting eight hours per day, and sometimes six or seven workdays per week. 163 . After the wood processor was gone, he had irregular hours. He did not work a 40 hour week. 164 . Bancroft later told St. Michael that he had made claims for both the wood processor which actually existed as well as the one that did not. 165 . St. Michael warned Bancroft that he was taking a big chance. St. Michael believed that Bancroft’s expectation for payment of the claims was unrealistic. However, St.

Michael did not ever speak to Bancroft’s insurer. 166 . St. Michael admitted his criminal record made Exhibit 15 at trial. On November 20, 1996, St. Michael was convicted of driving with more than 80 mg of alcohol in 100 mL of blood contrary to

section 253 (

b) of the Code . He received a $600.00 fine and a twelve- month driving prohibition. 167 . On April 9, 2018 he was convicted of breaking, entering and committing an indictable offence, mischief and use of a forged document contrary to sections 348(1)(b), 430(4) and 368(1) (

b) respectively of the Code . For these offences, he received a six month conditional sentence and 18 months probation. 168 . At the time of testifying, St. Michael was assisted by the Ottawa Police Witness Protection Unit. He applied for admission to witness protection in September 2017. His admission is still under consideration. Since April 24, 2019, he received funding for food and lodging from the Ottawa Police Service. The police covered his basic grocery and shelter expenses.

A further allowance for miscellaneous items such as clothing, postage and the administrative cost of changing his documentation was also remunerated. 169 . St. Michael denied that he received any form of benefit or consideration with respect to the co-operation he gave to Detective Constable Snider and Detective Constable Holmes in investigating the occurrences which ultimately resulted in Bancroft’s charges currently before this Court. 170 . St.

Michael added that at the time he was arrested by police, it seemed to him as though the police already knew about the offences he had committed in conjunction with Bancroft and Wiggins. 171 . Under cross-examination by Bancroft, St. Michael admitted to receiving gifts from Bancroft. Bancroft bought for St. Michael a 1996 pickup truck. Bancroft paid $1,500.00 for it. 172 . St. Michael as well conceded that Bancroft assisted him after he lost his home, which he had inherited from his father sometime in 2014 or 2015.

173 . St. Michael agreed that his father bequeathed to him as well approximately 11 firearms. St. Michael knew about guns from roughly the age of 16. He did a hunting course. He had a valid possession acquisition license. For a time, he conceded, his license had expired. He had not checked the date for its renewal. 174 . St. Michael acknowledged that he legitimately acquired guns, but that he did so on behalf of Bancroft. The rifles purchased by St. Michael were then sold to two questionable individuals from the Toronto area named “Dice” and “Convict”. St. Michael did not know these men.

Bancroft called them to ask if they were interested in acquiring the firearms. 175 . Bancroft arranged the meeting places on the two or three occasions St. Michael travelled to Toronto to sell guns to these men. St. Michael conceded that he did not check to see if either “Dice” or “Convict” had possession acquisition licenses as the law requires him to do. 176 . Bancroft negotiated the price for the guns and received the money for them. 177 . Equally, St. Michael agreed that he modified the weapons to allow them to contain more ammunition than the law would permit.

However, he insisted that the purchase, modification and sale of the weapons were all done on Bancroft’s behalf. 178 . St. Michael clarified that when he went to work for Bancroft in 2014 or 2015, he was paid in cash. St. Michael was also in receipt of welfare benefits at the time. He maintained that he declared all cash payments to the welfare authorities. 179 . St. Michael confirmed as well that on occasion, he acquired cell phones for Bancroft. St. Michael explained that he was doing so much crime with Bancroft, and the events happened so long ago, he had difficulty recalling all the specifics. St.

Michael, Bancroft and Wiggins would case out places from which to steal, particularly skidoos and heavy equipment. 180 . Although St. Michael did not remember all the crimes he had committed when he initially spoke to Detective Constable Snider, he maintained that he was 98% truthful with police. He conceded that Detective Constable Snider wished for him to be 100% truthful. As St. Michael put it, “Everything I was involved with, you were with me, Kyle”. 181 . St. Michael recalled that there was a big snowfall the day after the wood processor was delivered to Québec. 182 . St.

Michael agreed that he did like to drink every night. At times, he would get upset with Bancroft if there were no beer to consume after working long days. 183 . St. Michael conceded that it was Wiggins who contacted the purchaser of the wood processor in Québec, a person St. Michael knew as Butch. St. Michael did not think that he had met Butch on a prior occasion. When it was pointed out to St. Michael that in giving his statement to police about the wood processor, and telling Detective Constable Snider he had seen Butch before, St.

Michael explained that it was hard to remember everything with all of the crime committed by Bancroft, Wiggins and him. 184 . St. Michael denied that Corey Blakely was present at the time the wood processor was taken away from Bancroft’s workplace and residence. 185 . St. Michael acknowledged that in giving a statement to police and being asked about who told him to load up the wood processor, he answered Bancroft. Further, when asked by police to explain why the wood processor was going to Québec, St. Michael told police that Bancroft had said he had it sold. However, St.

Michael corrected himself in giving his testimony to say Wiggins told him to load it up, because Bancroft did not want Corey Blakely to know about its disposition. Ultimately, St. Michael was unsure whether it was Bancroft or Wiggins who told him that the wood processor had been sold. 186 . In answer to police questions about whether Bancroft told St. Michael how much he had sold the wood processor for, St. Michael had answered that Bancroft was not around. He was in Ottawa. 187 .

In giving his initial statement to police, and in answer to the question about where everyone was situated when Bancroft said, “load it up”, St. Michael agreed that he told police that they were all there in the yard at 111 Burnstown Rd. St. Michael conceded as well that he spoke of wood processors (i.e. plural). However, St. Michael pointed out that this could simply be a typing error. Everything was happening so quickly. 188 . Alternatively, Bancroft could have issued the command quickly to St. Michael when Corey Blakely was not around. It was St.

Michael’s recollection that Bancroft purposely took Corey Blakely away from the workplace, so he would not see the wood processor being removed. Neither Bancroft nor Corey Blakely were present when Edmonds, Wiggins and St. Michael left with the processor and conveyor. Corey Blakely lived next door. He could have been inside his residence. 189 . St. Michael agreed that it would have been a heavy duty black pickup that Edmonds was driving and using to pull the wood processor. St. Michael believed it was a Ford, probably with a diesel engine. St.

Michael maintained that he operated his own vehicle, the 1996 GMC Sierra pickup, to transport the conveyor. 190 . St. Michael confirmed that he followed Edmonds on the trip to Québec. They left somewhere between 6:00 and 7:00 p.m. They arrived in Maniwaki somewhere between 8:00 and 9:00 p.m. 191 . St. Michael remembered that they did not travel directly to where the wood processor and conveyor were left. They stopped at a gas station in Maniwaki. 192 . St. Michael could not recall stopping at a restaurant en route to get coffee. 193 .

He could not specifically recollect whether another vehicle passed them en route. He was quick to point out that this incident occurred some four years prior to him giving his testimony at trial.

194 . He believed that Wiggins was upstairs in the gas station for roughly 10 to 20 minutes speaking with Butch. St. Michael did not actually see Butch hand any money to Wiggins. 195 . When Wiggins came downstairs, he asked St. Michael if he needed beer. St. Michael bought beer and chips. Wiggins paid for the items out of the envelope of money. 196 . Together with Edmonds, the three men then followed the individuals in a nearby truck. The ultimate destination for the wood processor and conveyor was only a few minutes away. Wiggins counted the money over that period of time. 197 . St.

Michael confirmed that the machinery was not set up when it was unhitched from Lawrence Edmonds’ and his truck. However, Wiggins did show them how to work the pair. 198 . Wiggins put a tree into the machinery to allow its new buyer or buyers to try it out. 199 . St. Michael agreed that he knew Wiggins stole from Bancroft. He recalled an incident at the Bayshore Mall in Ottawa where Wiggins stole counterfeit money from Bancroft. However, most of St. Michael’s knowledge was based on things Bancroft had told him. 200 . St.

Michael conceded that he did not call Bancroft to confirm that Wiggins was taking the wood processor and conveyor with Bancroft’s knowledge. 201 . St. Michael acknowledged that he neglected to do so even knowing that Wiggins had stolen from Bancroft in the past. 202 . However, St. Michael pointed out that Wiggins and he did meet up with Bancroft in Ottawa following the sale of the machinery, so that Wiggins could hand over an envelope of cash to Bancroft. 203 . St. Michael recalled specifically that Bancroft was seated in his white crew cab truck, a vehicle which Bancroft was renting at the time. 204 .

Wiggins and he passed by Bancroft and pulled in front of him. St. Michael could see Bancroft through the windows of his GMC Sierra pickup. 205 . In referring St. Michael to his initial statement given to police, he agreed that he had said that Wiggins and he got out of a truck and into a car. However, St. Michael testified that he meant to say truck. 206 . When St. Michael gave his statement to police as well, he stated that he parked beside Bancroft as opposed to in front of him. 207 . St. Michael confirmed that Wiggins and he exited the GMC Sierra and walked to Bancroft’s vehicle.

Bancroft rolled down his window and Wiggins got into Bancroft’s vehicle. 208 . St. Michael specifically recalled that Bancroft paid him $100.00 from the envelope Wiggin’s handed over to Bancroft. 209 . St. Michael could not remember Wiggins paying any money to Edmonds. 210 . St. Michael conceded that he could have been driving Bancroft’s white dually style truck as opposed to his own GMC truck. St. Michael knew that he returned directly to his residence from Ottawa. However, he denied that he has ever hauled the wood processor. 211 . St.

Michael approximated that the time of Wiggins and his meeting with Bancroft in Ottawa was 10:00 or 11:00 p.m. 212 . The following day St. Michael testified that there was a snowstorm. Its magnitude was significant. Travel was limited. No work could be done at Bancroft’s residence. 213 . Further, St. Michael confirmed that the day of the snowstorm he came into possession of Bancroft’s dually pickup, but he could not recall how. 214 . The day after that, St. Michael and Blakely likely shoveled around the workplace for a while. Bancroft then telephoned St. Michael. St. Michael asked, “What are we going to do?” 215 .

Bancroft replied, “Process firewood.” 216 . St. Michael texted in response, “The processor is not here.” 217 . Bancroft proceeded to tell St. Michael to pretend he was surprised about the disappearance of the processor. Essentially, Bancroft wished for St. Michael to telephone or text him with false information. Bancroft wanted St. Michael to claim that Blakely and he discovered upon their arrival at work that the wood processor was missing. 218 . St. Michael did recall Detective Constable Snider coming to Bancroft’s residence and worksite in February 2016. St.

Michael agreed that he did not tell police then that he knew the whereabouts of the wood processor. He explained that he did not inform police of its location at that time because he was still in Bancroft’s employ. 219 . St. Michael contended that he would have reported its disappearance to police if he had not been involved in transporting it. 220 . St. Michael explained that he walked away from working for Bancroft because he was sick and tired of doing all sorts of crime with him. 221 . When asked about his relationship with Bancroft’s common-law partner, Zilney, St. Michael confirmed that she accused him of

stealing a bike. She also accused him of calling her the “c” word. St. Michael did not recall asking Bancroft, “How many hours do I have to work today for that cunt to buy a purse?” 222 . At the time that the wood processor and conveyor was transported to Québec, St. Michael stated that it was possible that the machinery had been readied to go. 223 . St. Michael was aware that Edmonds was familiar with the roads, as a trucker, in both Ontario and Québec. 224 . St. Michael believed that Wiggins was previously acquainted with Butch, the buyer of the wood processor in Quebec. 225 . St.

Michael estimated that Edmonds, Wiggins and he were at the ultimate location where the machinery was left for a good half hour. 226 . St. Michael disagreed with what Wiggins told police that both Wiggins and St. Michael were given $1,000.00 each from the proceeds of sale for the machinery. 227 . St. Michael reiterated that he received only $100.00. He did not know what Wiggins and Edmonds each received. 228 . St. Michael denied that he knew the whole plan as Wiggins had suggested to police. Equally, he refuted the suggestion that he was eager to do the job. 229 . St.

Michael recalled that it was about September 6, 2017 or thereabouts that Bancroft sent “Rick” to beat him up. 230 . Under re-examination, St. Michael confirmed that he remains scared about what is going to happen to him. 231 . On July 19, 2019, Edmonds testified that he was born and raised in Renfrew County. He has farmed all his life. He has a trucking business on the side. 232 . He knows Bancroft. Edmonds used to haul lumber from Shaw’s in Pembroke to Bancroft’s work yard in White Lake. He would unload it right at the gate to Bancroft’s property. 233 .

Edmonds was aware as well that Bancroft made board and batten out of pine for cottages. 234 . Edmonds knew what a wood processor was used for. He only ever saw one on Bancroft’s property. It was big. It had a cab. It also had an elevator that piled the lumber. 235 . Edmonds recalled an occasion a few years ago when Bancroft phoned him in the morning, because he wanted his wood processor moved right away. 236 . Edmonds explained to Bancroft that he could not go to his property until 4:00 p.m. Bancroft told Edmonds that he would not be there at that time, but his workers would be. 237 .

Edmonds assisted in moving the wood processor and the elevator. He followed Bancroft’s workers to the location it was to be delivered. The wood processor was all folded up and ready to go upon Edmonds’ arrival at Bancroft’s property. The elevator was already hooked up to another truck. 238 . Edmonds did not know the names of Bancroft’s workers. Both were male. Every time Edmonds went to Bancroft’s property, they were different. 239 . Edmonds drove his Ford F250, black in colour, to pull the wood processor. He believed the other truck used to haul the elevator was a Chevrolet.

He did not recall the colour of it. 240 . Edmonds drove alone in his truck. They stopped at a gas station. 241 . They crossed the Portage Bridge into Québec. Edmonds did not know the name of the town where they eventually stopped. He recalled driving for half an hour or so within Québec. He did not recall refueling his vehicle that evening. 242 . Ultimately, he dropped off the wood processor in a big yard with piles of logs. He was told to unhook the machine and he did so. He believed it was 10:30 or 11:00 PM before he left to go home. He used his GPS to do so. 243 . Edmonds did not see any money exchange hands.

He was not paid right away. He knew Bancroft would not be there at the property in any event. 244 . Edmonds thought he received $300.00 for doing the job. 245 . Bancroft had explained to Edmonds that his dually truck had broken down. Bancroft could not tow the wood processor himself. He therefore needed Edmonds’ assistance. 246 . Edmonds figured that Bancroft just had a big job to do over in Québec. 247 . Edmonds was unaware that Bancroft had reported the wood processor stolen. He did not know about that until he read about it in the newspaper.

Apparently, Bancroft was taking wood orders and not delivering on them. 248 . Edmonds did not wonder about the wood processor. It was not until some five years later, he reckoned, that he read about the incident in the paper.

249 . When shown a photograph taken by police upon locating the wood processor in Québec, Edmonds confirmed that it looked like the one he was involved in moving there. 250 . Under cross-examination, Edmonds agreed that he did quite a bit of business with Bancroft over the years. 251 . Edmonds recalled one instance where he went to Belleville to pick up a forklift for Bancroft. 252 . On another occasion, Edmonds remembered bringing a wood processor to the Peterborough/Lindsay area at or about the time Bancroft acquired it. 253 .

Edmonds could not say for sure whether it was the same one that he delivered to Québec. 254 . Edmonds could only recall those two incidents where he assisted in moving a wood processor for Bancroft. 255 . Edmonds confirmed that he followed Bancroft’s workers the whole way in delivering the wood processor to its destination in Québec. He did not remember ever being out in front of them with his vehicle. 256 . Edmonds agreed that Bancroft has never asked him to do business with him illegally. 257 . Edmonds recalled that the roads were bare when he set out on the journey delivering the wood processor to Québec.

On his way home, Edmonds recalled that it was snowing. 258 . Edmonds acknowledged that Bancroft was not present when he arrived at the property to hook up the wood processor. However, when it was suggested to Edmonds that he did not hear from Bancroft after he completed the delivery of the wood processor and elevator to Quebec, Edmonds denied this. He maintained that Bancroft did call him on the phone thereafter. 259 . Wiggins was 39 years of age at the time he testified on July 18, 2019. He typically resides in Ottawa. 260 . Wiggins came to know Bancroft through a friend at a lumber mill.

He reckoned they first met in 2009. 261 . Wiggins was familiar with how a wood processor operates. He described the machine as one which accepts logs into it. It then cuts them into 8 to 14 inch lengths, and splits them into two to become firewood. The cut segments of logs then fall into piles as they come off the conveyor. 262 . Wiggins believed it was in 2016 that he last worked for Bancroft. 263 . Wiggins was aware that Bancroft once had two wood processors in his possession. A smaller one he obtained with his nephew, Robert. The bigger one had a 16 foot long conveyor and a blade 6 feet in diameter.

Wiggins understood this machine to be the biggest one which the manufacturer sells. It had a four-cylinder engine. 264 . Wiggins believed that Robert still had the smaller one. 265 . Wiggins explained that the bigger wood processor went to a friend of his, Butch, in Maniwaki, Québec. Butch was in turn a friend of Wiggins’ grandfather. 266 . Wiggins made the arrangement for the sale of the bigger wood processor. He collected the money from Butch. 267 . Wiggins paid St. Michael and the other driver for the assistance they gave him transporting the wood processor to Québec.

The other driver was the same person who normally delivered logs to Bancroft. 268 . St. Michael and Wiggins were in the truck that pulled the conveyor. Wiggins believed that truck to be a rental, a white Chevy. 269 . The other driver followed them on the back roads to Québec. Wiggins believed the driver was operating a purplish or burgundy coloured, dually truck. It had a fifth wheel so it could pull the wood processor. 270 . The three travelled together directly to Maniwaki. They stopped at the Crevier gas station where Bancroft and Wiggins had been earlier to arrange the deal with Butch. 271 .

Wiggins testified that he later gave the rest of the money from the sale of the machinery to Bancroft. 272 . Wiggins spoke to Bancroft before arranging the sale with Butch. Bancroft could no longer afford the wood processor. It was Wiggins understanding that Bancroft’s insurance company would pay for its loss. 273 . Wiggins stated that he received $10,000.00 from Butch in his office upstairs in the gas station for the machinery. Butch put the cash in an envelope for Wiggins. 274 . Wiggins did not have to count the money. He trusted Butch. 275 .

Wiggins believed that it was in 2017 that the wood processor and conveyor were sold in Québec. It was cold. However, Wiggins was not sure, it could have been in the fall. 276 . Wiggins was sure that the machinery was moved late at night, when there was less chance that they would be stopped by the authorities. 277 . Wiggins knew the Maniwaki area. He has a cottage in Grand-Remous.

278 . Wiggins described Butch as a wealthy businessman. He owned the Crevier gas station in Maniwaki. 279 . Upon arrival in Maniwaki with the machinery still hitched to the two trucks, Butch instructed Wiggins to follow another truck parked outside the gas station. 280 . Wiggins went downstairs. He paid the cost of refueling both trucks. Together they then followed the man in the other truck, a francophone, some 5 or 10 minutes from the gas station where the machinery was ultimately unhitched. 281 . Wiggins quickly showed the man how to run the machinery. He put a little log into it.

It only took 12 to 15 minutes to explain the operation of it. 282 . Thereafter, St. Michael and Wiggins went to Ottawa near where Wiggins’ father lived in the Parkdale area. 283 . Wiggins met Bancroft outside a Pizza Pizza outlet. This meeting place was arranged before Wiggins, St. Michael and Edmonds departed for Québec with the machinery. Wiggins thought that Bancroft was in a van waiting for St. Michael and him. 284 . After paying $1,000.00 to St. Michael, Edmonds and himself, Wiggins handed over the balance to Bancroft. Bancroft was to pay more to Wiggins when the insurance money came in. 285 .

After their meeting in Ottawa, Wiggins believed he next saw Bancroft 3 to 4 days later. Bancroft told Wiggins he had reported his wood processor as stolen. 286 . Wiggins did not consider it his “department” to take care of the insurance. 287 . Wiggins acknowledged that he was not happy about being in court to testify against Bancroft. Wiggins described himself as someone who has a heart. He readily admitted that his life revolved around criminal activity and drugs. 288 . However, Wiggins explained that Bancroft and he worked legally and illegally. 289 .

Wiggins stated that the police found where the machinery was with his help. It was still in the same place where it had been left some two years earlier. 290 . Wiggins conceded that he only told the police half the truth when he gave his initial statement. He lied to protect Butch. 291 . Ultimately, Detective Constable Snider and Detective Constable Holmes collected Wiggins at the Brockville jail. They took him with them to Maniwaki. He brought them specifically to where the machinery was located. 292 .

In speaking of his motivation to testify against Bancroft, Wiggins maintained that he was following his mother’s advice to tell the truth. He did not deny any self-interest. He was trying to get out of jail earlier than he otherwise might. As an example, he explained that if the Crown Attorney who was examining him at that very moment in Pembroke were to call the Ottawa Crown Attorney’s office and put in a word for him, his next sentence may be 30 days instead of four months. 293 . Wiggins conceded that a year ago, when Bancroft and he shared a jail cell, he assured Bancroft he would not testify against him.

Wiggins was unsure of what consequences he may face for now having done so. To Wiggins’ knowledge, Bancroft was doing the same against people more dangerous than Wiggins. 294 . Wiggins stated that he did not like St. Michael very much. He could not trust him. 295 . Wiggins downplayed the role St. Michael played in disposing of the machinery. He considered St. Michael’s participation to have simply been a truck driver. St. Michael was not responsible for planning the insurance scam. 296 . Wiggins denied that he ever spoke to St. Michael after delivery of the machinery. If Wiggins had gone near St.

Michael, Wiggins was sure that St. Michael would have called the police. 297 . Wiggins described St. Michael as a “heat bag”. They were not friends. 298 . In summing up his decision to testify against Bancroft, Wiggins stated that he was “ . . . ratting out a rat”. 299 . Wiggins believed he was doing the right thing. He had to cooperate with the authorities. 300 . Wiggins acknowledged that his criminal record is long. It is replete with crimes of dishonesty, drug offences and breaches of court orders. It commences in 1995 when Wiggins was still a youth. Almost yearly, Wiggins added to it.

No significant gap in it exists. 301 . Wiggins had been out of custody for just three weeks prior to giving his evidence in chief. 302 . Wiggins surmised that he could have said no to Bancroft’s proposal to defraud his insurer. However, Wiggins explained that Bancroft made him feel guilty on a number of occasions. Bancroft has helped him out in the past. When Wiggins was in jail, he would send money to him at Christmas time. When Wiggins was working in Edmonton, Bancroft sent money for him to come home. 303 .

Wiggins understood that if the insurer had paid Bancroft’s claim for the supposedly stolen wood processor, Bancroft would get a higher cut because he had paid for everything. Essentially, Bancroft was the financier of the plan. Wiggins nevertheless expected to receive a portion of any insurance payout from Bancroft. That was Wiggin’s understanding of their agreement. 304 . When cross-examination of Wiggins commenced on September 4, 2019, he was back in custody.

305 . He thought that the disposition of the bigger wood processor occurred before Christmas. He said he was mistaken if he had said it occurred in 2017. He would not be surprised if it occurred in 2015. He was not away in Alberta between 2014 and 2016. Rather he was out West between 2014 and 2015. 306 . He was involved in a motor vehicle accident in 2014. He returned to Ontario in 2015. 307 . Wiggins recalled that Bancroft and he were hurting for money. They came up with the notion together of getting rid of the wood processor. 308 .

Wiggins remembered that Bancroft drove him to Maniwaki to meet Butch to determine if he had any interest in the machinery. 309 . Wiggins agreed that the day the machinery was transported to Québec, Bancroft was away with his girlfriend, Zilney. 310 . Wiggins was clear that the idea to sell the machinery and claim it was stolen was both Bancroft’s and his. 311 . Wiggins’ recollection, on the day machinery was delivered to Québec, was that he was working with St. Michael. They finished an order. They put a load of lumber in the van. 312 .

Bancroft and his girlfriend, Zilney, drove away with the small load in the van, or perhaps a rental truck. 313 . After they left, the machinery was readied and transported during the evening hours. 314 . Following its delivery, Wiggins and St. Michael then met with Bancroft in Ottawa. Wiggins was not sure of the exact time of the meeting. He told police that it was somewhere around 12:30 a.m. or 1:00 a.m. When it was suggested to him that St. Michael placed the meeting at approximately 10:30 p.m., Wiggins agreed that it could have occurred earlier. 315 .

Nor was Wiggins certain as to whether Bancroft was waiting in a van or a rental truck. However, as Wiggins put it, “It doesn’t change the fact that we [St. Michael and Wiggins] met you there.” 316 . It was Wiggins’ belief that Bancroft did not report the machinery stolen until the next day. 317 . Wiggins was adamant that Bancroft and he disposed of the processor together. Bancroft was the brain behind the plan. 318 . Wiggins reaffirmed that Bancroft was paid $7,000.00 after St. Michael, Edmonds and he each received $1,000.00 from the proceeds of the sale. Wiggins thought he saw Bancroft pay St. Michael’s share.

However, Wiggins was not entirely sure whether he paid St. Michael, or Bancroft did. Wiggins was doing what Bancroft told him to do. 319 . Wiggins conceded that it was a lie if he had stated to police that Bancroft told him to pay St. Michael $7,000.00. Equally, it was not true if he told police that the arrangement to sell the processor was made at a restaurant in Brennan’s Hill. 320 . Speaking of his motivation for testifying against Bancroft, Wiggins stated he was doing so for his mother and his daughter. Essentially, he was getting nothing from the authorities in return. He was owning up to his crimes.

He loved Bancroft like a brother. He was sorry for having to testify against him. He felt like “a real coward” and “piece of shit” as a result. 321 . Wiggins explained that he never had a problem working with Bancroft. Indeed, Wiggins attributed much of the mess in which Bancroft found himself was caused by crimes committed by his sister, Karen, and his nephew, Robert, in the lead up to the decision to dispose of the wood processor and conveyor. 322 .

When it was suggested to Wiggins that his desire not to have Butch charged with a criminal offence for buying the machinery was a favour he received from the authorities, Wiggins denied that he received any benefit from that decision, assuming any such decision was made. 323 . Wiggins was referred to a letter or note which Detective Constable Snider had written on his behalf to the Crown Attorney in Brockville, when Wiggins was being sentenced on outstanding charges he had there.

Wiggins maintained again that he received no benefit in having given police information about criminal wrongdoing on the part of Bancroft. Wiggins explained that he was simply owning up to crimes he committed. He believed the letter was being used to assist him in getting into a treatment program for his drug addiction. Wiggins denied that he ever saw the content of the letter. 324 . Wiggins pointed out that it was not Detective Constable Snider who suggested he should try to “wheel and deal” with the numerous charges he had outstanding.

Rather, this was Wiggins’ lawyer’s suggestion to him before he gave a statement to police. 325 . Wiggins agreed that he was not completely honest with Detective Constable Snider when he gave his statement of May 30, 2017. As an example, Wiggins stated that if he had committed 68 crimes, which were still under investigation, he would tell Detective Constable Snider about four. If Wiggins gave Detective Constable Snider everything, as Wiggins put it, “I probably won’t get out ever.” 326 . Wiggins bemoaned the fact that he is a drug addict. He sold a machine worth $100,000.00. For it, he received $1,000.00.

He mused that he is often used by both police and criminals in his desire for drugs. 327 . Wiggins readily conceded that Bancroft attempted to dissuade him from breaking and entering certain construction trailers with St. Michael. Wiggins credited Bancroft for trying to get him to stay away from drug use. 328 . Wiggins clarified that when he gave his first statement to police on May 30, 2017, he did not have a real problem with drugs. He did do a bit of cocaine. He also drank. In 2018 however, he developed an opiate addiction. He lost a finger over fentanyl as a result. 329 .

Wiggins conceded that police appeared to him to be more interested in finding the person who was responsible for “fencing” stolen

property than the person who stole it. However, Wiggins added that he did not know how to even start a tractor until he met Bancroft. 330 . Wiggins denied that Detective Constable Snider threatened him in any way to provide a statement against Bancroft. When Wiggins and Bancroft shared a jail cell in Lindsay, Wiggins agreed that he told Bancroft that he would not come to testify against him. He apologized in giving his evidence under cross-examination to Bancroft for having changed his mind. He maintained that he was not making 10 cents to be in the witness box at that very moment. 331 .

Wiggins emphasized that he had never testified against anyone in the past. He was only put into the position he found himself because of Bancroft. His family members implicated him. That is why Bancroft and he both found themselves charged with offences surrounding the wood processor. 332 . Wiggins reckoned his evidence against Bancroft would not save him any time which he [Wiggins] would have to spend in jail. Wiggins did not think he would receive any lesser punishment as a result. Bancroft and he were where they were because they needed money. Bancroft did not want to lose his brother’s house.

Before Wiggins knew Bancroft, Wiggins knew nothing about processors, tractors and other heavy equipment. 333 . The benefit Wiggins expected to receive was the $10,000.00 which Bancroft promised to pay to him upon receipt of an insurance payout. 334 . When it was pointed out to Wiggins that he said in his statement to Detective Constable Snider on July 19, 2017, “I’m ready to just sing”, Wiggins explained it was an expression of his commitment to keep his end of the bargain. He maintained nevertheless that he did not want to be in court giving evidence against Bancroft. 335 .

Wiggins denied that Bancroft hired him to work in his lumber mill. Rather, Bancroft hired him to do crime. 336 . Under re-examination, Wiggins confirmed that he did speak to Bancroft two or three times while he was in custody. He told Bancroft about the charges he was facing involving tractors and the wood processor. 337 . For a time, Wiggins was prepared to take the charges for Bancroft. Those charges involved receiving payments for lumber from customers, but not delivering the product to the customers. 338 . Bancroft told Wiggins that “Travis” would visit him in jail.

Travis did show up with the paper which had customers’ names and other stuff written on it. However, Wiggins decided he was facing enough charges. He did not want more. 339 . To Wiggins’ recollection, Travis offered Wiggins $10,000.00 if he were to take the charges. Bancroft never came up with the money. 340 . Instead, Bancroft trashed Wiggins’ name telling everyone Wiggins was a rat when they originally ended up in the Lindsay jail together. It was at that point that Wiggins told Bancroft that he [Wiggins] would not show up to court to testify against him [Bancroft]. 341 .

Wiggins agreed that he was leading Bancroft on in doing so. Wiggins wanted to live a better life in jail. It also alleviated his concerns for his safety while in custody. 342 . Wiggins explained as well that Bancroft wished for him to testify at Bancroft’s trial to say Wiggins did it all on his own when he sold the wood processor to Butch in Québec. 343 . Wiggins confessed that he would have been happy if he had received $10,000.00 as he was promised in the beginning by Bancroft, should an insurance payout have been made. 344 .

Kevin Atwater (“Atwater”) has been a snowplow driver in winter for the County of Renfrew for several years. Frequently, his job duties require him to cross Highway 17. 345 . When Atwater testified on July 18, 2019, he recalled one December as he was ending his shift between 8:00 or 8:30 p.m., he followed what he thought was a hay elevator and a wood mill. 346 . He recalled that a white Chevrolet dually pick up was towing the wood mill. He thought it was an odd time of night for such a machine to be transported. 347 . A darker half ton truck was hauling the hay elevator. 348 .

Atwater did not personally know Bancroft, but knew of him. Atwater believed the white Chevrolet dually truck was the one he had seen parked often on Bancroft’s property in White Lake. It was not a common vehicle. As a snowmobile club volunteer, Atwater crossed Bancroft’s property on a number of occasions. He was therefore familiar with Bancroft’s wood mill operation near his residence. 349 . The wood mill which was being towed by the white Chevrolet dually truck was not a common piece of machinery either. 350 .

In referring to his statement originally given to police, Atwater was able to zero in on the date he witnessed the transportation of the wood mill as December 29, 2015. 351 . The trucks pulling the machinery were not travelling fast. Atwater passed both vehicles when he was on his way home on Storyland Road. 352 . A few days later at work, Atwater heard that the wood mill had been stolen. He chuckled and told his boss how he had seen it on the road being towed. In turn, his boss suggested that he should speak to the police. Atwater then gave a statement to Detective Constable Snider.

353 . Under cross-examination, Atwater indicated that his boss and he checked through salt records to determine that the date was December 29, 2015. He also agreed that a significant snowstorm occurred on or about that date. 354 . The white Chevrolet dually truck, Atwater explained, he had seen on Bancroft’s property twice a day for roughly 6 months prior to December 29, 2015. 355 . Atwater disagreed with the suggestion that it was a 2013 vehicle. It had a rounded front end. Atwater could not say whether it was an extended type truck. 356 . Nothing about the colouring of the wood mill stood out in Atwater’s mind.

Nor could Atwater recall any lighting being on the machinery, which was being transported. 357 . Bernard Dumont (“Butch”) has lived in Maniwaki, Québec for over 50 years. He has had the nickname Butch for a long time. 358 . Butch owns and operates several businesses including a gas station, a grocery store and an office supply store. 359 . Prior to engaging in these entrepreneurial activities, Butch was a police officer for 25 years. 360 . Alain Charbonneau (“Charbonneau”) was an employee of Butch for some eight years. 361 . Roughly 3 years ago, a gentleman offered to sell to Butch a wood processor.

He left his phone number with Butch. His name was either Ron or Roy. 362 . The gentleman called Butch back on several occasions thereafter. Butch mentioned to Charbonneau the gentleman’s proposals to sell a wood processor. 363 . Butch gave to Charbonneau the gentleman’s telephone number. 364 . Butch next saw the gentleman when he showed up at his gas station in Maniwaki. Butch had some advance notice that the gentleman was coming. Either Charbonneau or the gentleman himself told Butch to let him know. 365 . Butch agreed to finance the acquisition of the wood processor for Charbonneau. 366 .

Charbonneau wished to borrow from Butch $20,000.00. Butch agreed to lend him the money. 367 . Butch had no idea what the actual value of the wood processor would be. 368 . The gentleman arrived at his gas station. Butch explained that his office is on the second floor. 369 . Butch saw from his window two trucks pull into the gas station. One was towing the wood processor with a conveyor. The other truck was not pulling anything. He thought that it would have been between 7:00 and 9:00 p.m. when the trucks arrived. It was winter. 370 . Butch could not say with any certainty what year it was.

However, he knew that he loaned Charbonneau the money in 2015 or 2016. Butch is charging interest on the loan. Charbonneau had not paid the loan in full by the time Butch testified on June 14, 2019. 371 . Originally, Butch testified that no one came to his office. He contended that he gave Charbonneau $20,000.00 in cash earlier in the day. 372 . Butch initially gave evidence that Charbonneau was sitting across the street from the gas station in his vehicle waiting for the gentleman to arrive. He denied seeing any interaction between Charbonneau and the gentleman. He did nevertheless see the trucks leave. 373 .

Upon reviewing the statement he originally gave to police, Butch’s memory was refreshed. He then recalled it was his idea to have the gentleman meet him at the gas station. He received a telephone call from the gentleman. The gentleman’s name he believed was “Roy”. 374 . Butch remembered that Roy and he did meet in his office. He believed he made a payment of $10,000.00 in cash to Roy for the wood processor on Charbonneau’s behalf. Charbonneau was not in the office when the money exchanged hands. 375 .

Butch instructed Roy to follow Charbonneau and to bring machinery (the wood processor and the conveyor) to where Charbonneau would lead them. 376 . Butch believed that the money was in $1,000.00 bundles made up of $20.00 bills that he handed over to Roy. 377 . Butch next saw the wood processor at a property he owns at 300 Devlin Street in Maniwaki. It was left on his 3 acre lot there. 378 . Butch denied that he ever saw Roy again after their meeting. Sometime later, the police came to Maniwaki to ask Butch about the wood processor. He told the police where it was located. He did not take police to it. 379 .

A while thereafter, Detective Constable Snider showed Butch a warrant for seizure of the wood processor. The police then took it away with them. 380 . At the time that Butch agreed to finance Charbonneau’s acquisition of the wood processor, he did not research the value of the machinery. Butch was dealing with Roy. Roy had mentioned that his friend who owned it had insurance. Butch was more interested in helping Charbonneau, his friend and employee, than making further inquiries.

381 . However, after Butch googled the type of machinery it was to determine its value, he wondered whether something was either wrong with it, or whether it could be stolen. 382 . When the wood processor was acquired, Butch did not do anything to satisfy himself of the truth of whether the machinery was being sold legitimately. 383 . To the best of Butch’s recollection, the transaction took place in January or February 2016. Butch was never charged for his involvement in the deal. Nor was he ever told he would be. 384 .

Butch denied that there is any discussion with the authorities about any benefit he could receive for his involvement in their investigation. He was embarrassed by the whole situation. He had been a police officer for 25 years. While testifying, he mused how he could even get himself in the middle of it. Ultimately, he concluded that he was trying to assist his friend, Charbonneau. 385 . Butch did not recall ever seeing Bancroft when the acquisition of the wood processor was negotiated. Butch does not know Bancroft. Nor was Bancroft’s name ever mentioned to him. 386 .

Butch did not make any claim to the wood processor after it was seized by police. Nor is he involved in any litigation as a result of its loss. 387 . Butch recognized the photo taken by police of the wood processor on his property at 300 Devlin in Maniwaki, which photo was made Exhibit 13 at trial. He was able to identify the wood processor in question as the one acquired by Charbonneau from Roy. 388 . Under cross-examination, Butch recalled that he saw two trucks the night the machinery was delivered. One was possibly a half ton, the other possibly a three-quarter ton.

Both he seemed to remember were two-tone trucks. One he believed was white mainly, the other, black, but possibly blue or green as well. It was dark. 389 . Butch confirmed that to his recollection, he gave Roy 10 bundles of $1,000.00 each. Butch believed he placed the money for Roy in an envelope. Butch did not think Roy took the time to count it. 390 . Butch doubted that a person standing on the ground below could see what anyone was doing in his office. 391 . Butch contended that the first time he ever met with Roy face-to-face was when Roy asked about any interest Butch might have in a wood processor.

Roy was looking for a buyer for it. The second time he saw Roy was when they met in his office. 392 . Butch indicated that he recorded the debt owed by Charbonneau for the wood processor and conveyor as “Roy’s toys”. 393 . Butch reckoned as well that when insurance was mentioned by Roy to him, it was possible that the person who owned the machinery may have received a payout from a motor vehicle accident. That person could then have decided to dispense with his machinery. 394 .

According to the research Butch did into the value of the machinery, he believed it to be worth somewhere between $250,000.00 and $300,000.00. 395 . Butch agreed that if someone stole an item of that value from him, he would report it to the police. 396 . Any reluctance Butch exhibited in speaking to police about the machinery in question, he attributed to his embarrassment. 397 . Butch did not believe that he received any form of promise or assurance from the authorities that he would not be charged when he gave a statement to police. 398 .

Andrew Kasaboski (“Kasaboski”) gave evidence that he was Bancroft’s neighbor and a former employee at his lumber yard. 399 . He recalled his last day of work for Bancroft was September 22, 2015. It was a tragic day. Basil Borutski (“Borutski”) visited the yard that day looking for Bancroft – the same day Borutski murdered three women at three different locations in Renfrew County. 400 . In speaking of wood processors, Kasaboski was only ever aware of Bancroft owning a big one. 401 .

When Bancroft refreshed Kasaboski’s memory about a smaller wood processor Bancroft once had, Kasaboski remembered that it was “ a little tiny one – like a chainsaw”. It had been repossessed “many, many years ago”. It was “not even in the same ballpark” as the bigger one. 402 . Detective Constable Snider testified that he was granted the search warrant authorizing him to locate and seize the wood processor on July 5, 2017. 403 . On July 6, 2017, Detective Constable Snider found the wood processor. It was still situated at 300 Devlin St. in Maniwaki, Quebec. Charbonneau was residing in

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