Legal Self Defence “LSD”

 

SURVEILLANCE REPORT
Royal Canadian Mounted Police

 

File:                 1999-891

         

Caption          Walter TUCKER and Michael BALDASARO

        

Date:               2000-01-17

        

Team              Rob LEARY (RI), Brian READ (BR), Jamie DRISCOLL (JD), R.J. SMITH
                        (RS), Pierre AUDET (PA), Wayne JOHNSON (WJ)

        

Subject(s) of surveillance: Walter TUCKER, (Ti), U/C Operator

        

Vehicle(s):     263 TJH (Ont) 1989 Honda Civic - Blue

                      RIO Church of the Universe

Upper Floor, 535 Barton St. E., Hamilton, Ontario

Operated By: Michael BALDASARO

            811 LDZ (Ont) 1985 Honda Accord - Tan (Goldish Brown)

R/O Church of the Universe

Upper Floor, 535 Barton St. E., Hamilton, Ontario

Operated By: Walter TUCKER

        

Synopsis: U/C encounters Ti in “chance” meeting to lay groundwork for future meetings.

        

Details:
         

1120   both above noted vehicles are parked behind residence at 535
Barton St. E., Hamilton, Ontario (WJ)    

1352   811 LDZ leaves east on Barton (RS)

        

1400    811 LDZ enters mall parking lot and Ti enters Super Fresh on North side of

             Barton, near cinemas. (JD)

        

1420    Ti exits Super Fresh and returns to 811 LDZ. U/C approaches and speaks to Ti.

             At one point Ti points to the west, the direction of his residence.(JD)

 

1423   Ti leaves in 811 LDZ westbound on Barton.(JD)

 

1425   Smith terminates surveillance.

Later at debriefing, u/c advises Ti told him/her to drop by and provided the address.
Report prepared by DRISCOLL


 

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CONTINUATION                                                                       OCCURRENCE NO. 99A03007

REPORT

 

DATE    |    TIME  |   ACTION TAKEN

 

99-09-07  14:40        A call was received from Tony CANNON, office of the Security for
the Health Ministry XXXXXXXXXXXXX A letter was sent to Hon. Allan ROCK, Minister of Health at the House of Commons. The letter was sent from; Reverend Brothers Walter A. TUCKER and Michael J. BALDASARO of the “Institute Advancing Medicinal Marijuana” of; 535 Barton St. East in Hamilton• and contained two small samples of marihuana. They are asking the RCMP to investigate.

 

99-09-08    16:30        Cst. Dupont and St-Amour attend building #9 of the Broke Claxton                         Building (in Tunney’s pasture), room # 442C and met with Mr Tony

CANNON (a commissionaire). Mr CANNON turned over to Cst. |Dupont a photocopy of the letter received along with a small, clear plastic zip lock bag containing what appears to be 2 pieces of marihuana and a small green symbolic nylon marihuana leaf. Those items had been transmitted to the minister’s office.

        

Officers returned to the office. Dupont weighted the substance = 1.95 grams and marked it exhibit 99E28(1). It was sealed in an RCMP exhibit bag.

        

The following verifications were then conducted:

        

PIRS:                    Positive suspected and charged in a number of

files within Hamilton area (see printouts). Dupont was able to obtain more details about the suspects.

        

CPIC                    10-29 = negative but CNI positive and drug related

      for both suspects (lengthy for Tucker).

        

INFO DIRECT:  (905) 522-3247 = *residential number* registered

      To Michael BALDASARO, same address as S-2
      (the business).

 


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99-09-08  21:00       File number obtained from XJD3I and forms 2555 completed along
with E scored file folder (all transmitted to Records).

                   21:52      99E28(1) secured in Temporary locker #18.

 

99-09-13  13:46        Above described items secured in locker #72 with Sgt. Renaud
                                    as witness

99-10-19  11:40      Opt DUPONT picked up another shipment of marihuana samples
                                    from the same Hamilton organization from Mrs Andrea UNRAU of                                            Health Canada.

                                    This time, the shipment consisted of 7 marihuana

                                    a small zip lock bag. Envelope and it’s content secured XXXXXXX

99-10-22  14:00        Envelope opened by Dupont;

                                    The above described exhibit is found in it and labelled item                                                       93E28(2). It Is sealed in BDD envelope #HI228252.

                                    A letter was also included in the shipment. In it, the two suspects                                               indicate that they have made verifications with the National Post,                                              Canada Post and the Parliament of Canada. They are enquiring
                                    about the original shipmen that “went missing” because they hadn’t                                          received to date a reply or a visit from RCMP members. On the                                                October 13 article of the National Post included, you will find a                                      picture of the two suspects

INVESTIGATOR’SCOMMENTS:

The exhibits will first be analyzed in order to confirm if we are dealing with a controlled substance as listed under Schedule II of the CDSA.

A fax will be transmitted to the 010 ROMP Hamilton drug
Section to advise them of the situation (CC. to CROPS “A” Division).


(3)

        

99-10-22                    Although the investigator believes there could be sufficient                                                         evidence to charge the two suspects, he doesn’t believe it to                                                     be in the best interest of the public to do so. It would                                                                    obviously cost a lot of taxpayers money and have no      

                        deterrent effect on the two subjects who appear to be                                                     obviously very interested in attracting a lot of media                                                        attention. Besides, we have much more urgent investigations
                        to attend to.

-  If agreed with the 010 Hamilton ROMP, a simple visit by two ROMP members would suffice in warning the individuals that until such time as when the laws will be ammended, they are still committing a criminal offence (trafficking in a controlled substance listed in Schedule II of the Controlled drug and substances Act) if they ship a controlled substance by Canada post to whoever they want.

99-10-25                    Attempted to fax to Hamilton (secure) but advised that due to                                        renovations, I should fax it to Niagara and that from there it would                                              be transported to Hamilton - Ok. Secure fax at Niagara only rings -                                           unable to have proper connection.

99-10-26                    Tried again to fax letter to Hamilton 010 via Niagara -                                                                 unsuccessfully - unable to obtain a proper connection. I mailed the                                            fax via internal mail.

        

                                    Awaiting the availability of Sgt COté in order to obtain exhibits from                                         the bond room so that they can be taken to the laboratory for                                         analysis.

 

99-10-28  09:47      Dupont retrieved from the bond room, exhibits to be taken to the                                                 laboratory for analysis. Item # I is sealed in BDD envelope                                                         #H1228251.

 

                 10:22         Items 1 & 2 taken to Laboratory and placed in depository box for                                              Susan Callahan. Lab numbers;       H1228251 = #9901910 (Item 1)

                                                                                                H1228252 = #9901911 (Item 2)

        

                              Later in the afternoon, Dupont spoke with Andrea UNRAU and her

        


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99-10-28                    supervisor, Mrs Michele SIMMS. It was agreed that they would                                                  postpone answering the organization’s electronic male until next                                               week, at which time we will be in a better position to advise them on                            the course of action taken by the ROMP.

99-11-02                    While conducting surveillance in Montreal (in another investigation)                                          Dupont was paged by Brian READ of Hamilton Drugs XXXXXXXXX                         could not call him back...

 

99-11-03  17:14        Dupont reached Brian READ of Hamilton Drugs. This officer has                                              had dealings with the two suspects in the past and are known to be                                          still active in the marihuana growing/distribution business. READ                                             will put together an Ops Plan and will attempt to have a U/C make a                             buy off of the pair, followed by a search and seizure at their                                                        address. READ expects to be able to be in a position to conduct                                             his operation within 5 working days. They will also charge the two                                             suspects for the two samples sent to Ottawa - 0k.

 

99-11-04  09:12      Dupont reached Andrea UNRAU of Health Canada and asked them                                          to postpone a little while longer responding to the pair - that we                                                 were investigating further the offences committed.

        

                                    lnsp. BEGBIE, 010 Ottawa Drugs advised of recent development.                                            An article was also printed in today’s Citizen on page A3 in                                                       reference to the Minister receiving Marihuana samples in

                                    the mail (copy attached to file).

 

99-11-12  09:40      Two envelopes: H1228251 + H1228252 picked up by Dupont from                                            the laboratory (David LATHAM).

                 
     10:00         Meeting at the Brooked Claxton Building with Andrea UNRAU and                               with Ivan SICARD. Sgt., Benoit BELANGER accompanied Dupont.

                                    The purpose of that meeting was to indicate / introduce Sgt.,

                                    Bélanger as the officer to call for future similar incidents. At the

                                    same time, Sgt., Bélanger expressed some of his own concerns

 


(5)

        

                                    regarding recent Minister’s comments published by the press. It                                               was agreed by all that maybee, Mr. ROCK was sending out the
                                    wrong messages adding to the already substantial confusion                                        expressed by the population. The suggestion was that perhaps a                                             more serious -more explicit message needed to be published in                                              order to clarify some of the confusion regarding this very important                                           issue (the well being of all Canadians).

        

                   11:00       Returned to the office where Sgt., Belanger suggested that Dupont                                          had the samples analyzed for their THC content in order to be in a                                            better position to prepare recommendations for the minister’s office                                        (i.e.: the large variance in THC level) - Ok!

        

                    13:49      Exhibits secured in temporary locker # 18.

        

                    15:00      Dupont contacted Jacques BOUSQUET of the BDD in Montréal at                                          the numbeXXXXXXXXX  and found out that a letter signed by an                                             NCO I/C also needed to be transmitted to them along with the                                       samples. The analysis could take up to one month or more,                                                       depending on the demand received.

99-11-15    09:52      Exhibits (99E28 (1 + 2)) removed from temporary locker # 18.

 

                  10:00        Letter of THC analysis prepaired. Samples to be transmitted to:

Service D’Analyse des Drogues

1001 West St-Laurent

Longueuil, Québec

        

                  11:00        Samples and letter turned over to Johanne GOYETTE to be                                                      transmitted via priority post on this date.

                  11:40        Fax / letter requesting the postponement of issuing a response                                                 letter until further notice to the Institute Advancing Medicinal                                                       Marijuana faxed to the office of Michelle SIMMS (included in the                                               file). (Info to the 0IC)

 


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99-11-15                    S.U.I.

        

                                    Awaiting status of criminal investigation from Hamilton(Niagara.

 

99-11-23  15:00        Dupont received via Priority Post (# GL6I 1559622CA) the two                                                 BDC envelopes previously sent to Montreal for a THC analysis. For                             the first exhibit (98E28 - 1) it was analyzed at 12% of THC                                                         (Certificate No.: 913981) and for the second one it was analyzed at                                         1.5 % (Certificate No.:13982). A very large difference. Name of                                                Analyst: Zdenka JANECKOVA.

 

99-11-30                    Sgt Belanger of the Drug Awareness program was advised of the                                            disparity.

 

99-12-10                    Brian READ was reached on one occasion to advise us that he was                            tied up on a much larger investigation for a little while (multi kilo                                                importation container in London) but would get back to us shortly.

 

99-12-29                    Brian READ was not calling back. Dupont contacted his office and                                          was advised that READ was on holidays until January 04.                                                          Messages were let for READ to call back.

 

00-01-18  15:30      Dupont received a call from Brian READ of Hamilton. The latter                                      advised that an OPS Plan had been approved (their file #1999-                                                0981) and that they were planning to have an undercover officer                                               attempt a purchase. READ will forward any future update reports                                              for our information.

00-01-26  08:00      Dupont received a copy of a Facsimile transmitted from Hamilton                                              Drugs to the OlC Crime Ops - MOW Div. - Information Cpl Dupont                                            (See copy attached to file).

        

                                    That message is a short update report, in reference to a minor U/C

                                    operation targeting the two main suspects identified in this file.

 

                                    A)        1999-12-17   The OPS Plan was approved to use U/C

 


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00-01-28                   B)        2000-01-14    The U/C was briefed on set goals and                                                                   objectives

 

                                    C)        2000-01-18    A chance meeting occured between Walter                                                          TUCKER and the U/C. The two engaged in a                                                                               conversation where TUCKER invited the U/C                                                                               operator to drop by the “Church”, giving the                                                                                   U/C the address.

 

                                     D)       2000-01-20    At approximately 18:00 hrs., the U/C attended                                                      the TUCKER/BALDASARO residence (The                                                                                 “Church”) and purchased approx. 5.3 grams of                                                                             Cannabis marihuana from TUCKER    


                                    E)        Future plans are;      
                                                1 - to attempt a second purchase.

                                                2 - and order a larger quantity for a later date, at                                                              which time a search warrant will be executed
                                                and the suspects will be arrested.

 

                  14:00        A copy of this message was given to Cpl. Lucie HOULE of “A” Div                                           Crime Ops - for her information.

        

                                    AWAITING FURTHER UPDATE REPORTS.

        

00-03-13  15:00        Received an update report dated March 08th, 2000 (attached).

                                    Here is a quick resume of this second report;

        

                                    A)        2000-01-27    The U/C made a purchase of 5.2 grams of                                                            cannabis marihuana from BALDASARO (from the same

                                                residence).

        

        

                                    B)        Future plans are;       1- to attempt a purchase of

                                                                        cannabis resin to show the versatility of                                                                                         these two traffickers.

                                                                                    2- to attempt to locate the

                                                                                    growing operations they control.
                                               


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00-03-13                                                        3- decide on a method of conclusion                                                                                              (search warrants, etc.)

 

00-03-14  15:30        A copy of this second message was given to Cpl. Lucie HOULE of                                          “A” Div Crime Ops - for her information.

 

00-05-11  19:50      Cst. REED contacts Dupont to advise that they have completed 3                                              buys and are planning a “Rip” for Monday followed by search and                                             seizures. REED requires all the information, surrounding our                                                     exhibits and actions in order to prepare the Court Brief. Our                                                      charges are going to be laid in Hamilton, on top of their.

 

00-05-12  10:20        Dupont transmits via ROSS a resume of his involvement and the

                                     movement of exhibits (see attached RCMP letter head form).                                       REED will require A.S.A.P. a package containing HPB forms,                                            1624’s, notes and will say for next week.

 

00-05-18                    Dupont left a message for REED to call him back.

 

00-05-24  10:00       Received from Cpl. Lucie Houle of CROPS, photocopy of news                                                 paper clipping from “The Globe And Mail” dated May 24th., re the                                            two suspects who have been arrested and are complaining about                                            RCMP and government entrapment. Dupont attempted to contact                                            REED again - without any success. Disclosure package prepared.

 

00-05-25  13:00      Forwarded to Cst. REED (via internal mail) are:

                               -   Dupont’s notes and will say

                               -   a copy of all 1624’s

                               -   all certificates of analysis (originals)

                               -   transmittal notes of Health Ministry (originals)

                               -   two letters received from the suspects (originals)

                               -   a copy of the HPB and movement of exhibit form.

                              **AWATING COURT DISPOSITIONS **