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).

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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

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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 08^th, 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 **