Re Application for a Search Warrant pursuant to s. 487 of the Criminal Code, 2021 ONCJ 151

ONTARIO COURT OF JUSTICE CITATION: Re Application for a Search Warrant pursuant to s. 487 of the Criminal Code , 2021 ONCJ 151 DATE: 2021 01 28 FILE No.: RCMP – 20 1356942 Project OLUNAR RE: IN THE MATTER OF AN APPLICATION FOR Search Warrants pursuant to s. 487 of the Criminal Code Before Justice G.P.

Renwick Considered on 28 January 2021 Reasons released on 28 January 2021 REASONS FOR GRANTING SEARCH WARRANTS RENWICK J.: [ 1 ] I have read and considered the Application [1] submitted to me yesterday by Corporal Mark Southern of the Royal Canadian Mounted Police (“RCMP”) for search warrants for safety deposit boxes relating to an individual suspected of unauthorized use and mischief of computer data and his live-in girlfriend, Sarah-Emilie Larocque-Pilon.

The investigation is known as Project OLUNAR. [ 2 ] After considering the sworn ITO, I have determined that the ITO submitted by Corporal Southern meets all of the statutory prerequisites found in ss. 487 , of the Criminal Code for the granting of these Orders.

Specifically, there are reasonable grounds to support the affiant’s beliefs that the offences of mischief to computer data and unauthorized use of computer data have occurred and that evidence concerning the alleged offences and/or information which may assist the investigation of these alleged offences will likely be found in the safety deposit boxes of the various banks used or frequented by Sebastien Vachon-Desjardins and Sarah-Emilie Larocque- Pilon. [ 3 ] I find that it is in the best interests of the administration of justice to issue the search warrants, for the following reasons: i.

The affiant has demonstrated an awareness of the ex parte nature of this application and the need to provide “full, frank and fair disclosure of the information available” to him; ii. The affiant reasonably believes that the offences under investigation are serious, international in scope, and that evidence and information will be found in the safety deposit boxes of the target and his girlfriend; iii.

The affiant reasonably believes that there are no other provisions of the Criminal Code to access, freeze, and transfer cryptocurrency held by Sebastien Vachon-Desjardins to the R.C.M.P. until dealt with by law; iv. During an authorized search of Mr. Vachon-Desjardins home, which he shares with Sarah-Emilie Larocque-Pilon, several documents relating to safety deposit boxes were found; v. During an authorized search of Mr. Vachon-Desjardins home, which he shares with Sarah-Emilie Larocque-Pilon, several keys which may be used to open safety deposit boxes were found; and vi. Mr.

Vachon-Desjardins has already been provisionally arrested for possible extradition to the United States to face charges on an Indictment already before their courts. [ 4 ] I am satisfied that the affiant has attempted to outline the sources that ground his beliefs, that he is aware of his duty to provide full, fair, and frank disclosure of the investigation, and the investigation is on-going.

[ 5 ] I am satisfied that all statutory requirements have been met. There are ample grounds to support the affiant’s beliefs that evidence or information relating to this investigation is likely to be found in safety deposit boxes used by Sebastien Vachon-Desjardins or his live-in girlfriend. [ 6 ] For these reasons, the Search Warrants are granted. Released: 28 January 2021 Justice G. Paul Renwick [1] The application consisted of the Information to Obtain (“ITO”) and ONE copy of draft Orders. There was an identical copy of all materials, upon which I have made notations and retained for my own records.