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  • ITO and Sealing Order With Codes

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    RCMP affidavit (redacted) that sheds light on the criminal investigation that led to the removal of Vice-Admiral Mark Norman.

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    RCMP affidavit (redacted) that sheds light on the criminal investigation that led to the removal of Vice-Admiral Mark Norman.

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    © All Rights Reserved
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    Signaler comme contenu inapproprié
    10K vues97 pages

    ITO and Sealing Order With Codes

    Transféré par

    CTV News
    RCMP affidavit (redacted) that sheds light on the criminal investigation that led to the removal of Vice-Admiral Mark Norman.

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme PDF ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 97
    Canada ROMP Fle: 2015-1500846 Province of Ontarto Form + ONTARIO COURT OF JUSTICE (Ottawa Region) IN THE MATTER OF an application for a Search Warrant pursuant to section 487 of the Criminal Code; AND IN THE MATTER OF an application for an Order Denying Access to Information (Sealing Order) pursuant to section 487.3(1) of the Criminal Code. Information to Obtain a Search Warrant and Sealing Order |, Matthieu Boulanger, a peace officer and member of the Royal Canadian Mounted Police (RCMP), make oath and say as follows: 1. | have reasonable grounds to believe the following offences have been a: a. Breach of Trust by a public officer contrary to section 122 of the Criminal Code; b. Wrongful communication of information contrary to section 4(1)(a) of the Security of Information Act; c. Allowing possession of document contrary to section 4(4)(b) of the Security of Information Act." * Lam aware that the above noted sections ofthe Security of Information Act were deciared unconstitutional by a Justice of the Superior Court of Ontario in O'Neill v. Canada (Attorney General). This decision has not been appealed and no further direction was provided by the appellate courts or the legislature regarding the validity of these sections. | am including them in the Information to Obtain and related warrant at this time to be fully transparent with the Court, as their applicability is being considered. in any event, | believe the evidence being sought applicable to these offences are the same as for the offence of Breach of Trust under section 122 of the criminal Code. Page I of 97 TABLE OF CONTENTS OVERVIEW nnn INTRODUCTION. sn DEFINITIONS & ABBREVIATIONS. SOURCES OF INFORMATION... . 7 INVESTIGATIVE STEPS LEADING UP TO THIS SEARCH WARRANT BEING SOUGHT. GROUNDS FOR BELIEF.. 0 on TT 2930 Aor ote Replenishment COntraCt nnn 16 Exchange of emails between Norman and Fraser. 20 Location to be searched and items being sought. 38 Proposed terms and conditions of data searches 40 Proposed validity period of Search Warrant... a1 CONCLUSION... SEALING ORDER. APPENDIX “A”... APPENDIX “B" APPENDIX “C” APPENDIX "D” APPENDIX “E”. [APPENDIX “” APPENDIX “G” APPENDIX “H” APPENDIX “I ncn APPENDIX “)” APPENDIX “K. APPENDIX “L”, APPENDIX "M” APPENDIX “N’... APPENDIX “O" APPENDIX “P” APPENDIX “Q” Page 2 of 97 APPENDIX “R” APPENDIX “S”. APPENDIX "Tn APPENDIX “U” APPENDIX “V" APPENDIX "W" APPENDIX "x". [APPENDIX “Y" APPENDIX "2". [APPENDIX “AA, [APPENDIX “BB” [APPENDIX “CC” APPENDIX “DD”. Page 3 of 97 OVERVIEW This Letter of Intent committed the Government of Canada to reimburse Chantier Davie's costs up to $89M if a contract was not awarded by November 30, 2015, | have reasonable grounds to believe that two government officials independently leaked classified information _ surrounding the _interim Auxiliary _Ciler Replenishment (AOR) contract| This information ended up in the possession of Brian Mersereau, a lobbyist working for Hill+Knowiton Strategies Canada, a lobbying firm representing Chantier Davie, and Spencer Fraser, CEO of Project Resolve Inc. (PRI), the entity created by Chantier Davie to manage the resupply ship's retrofitting. This Information to Obtain focusses on the information in the possession of Fraser, who used this information subject to cabinet confidence to influence the decision makers through various means including the media. Throughout the investigation, various search warrants, general warrants and production orders have been executed. The first warrant was executed at the office of Kevin Macintosh, a lobbyist working at Fleishman-Hillard Canada Inc., @ lobbying firm representing Chantier Davie at the time of the leak. Data in the form of emails was seized at Fleishman-Hilard Canada Inc. which identified Macintosh's sources of classified information as John Schmidt, Vice President, Commercial at Chantier Davie and Brian Mersereau, Chairman at Hill+Knowlton Strategies Canada. Two additional search warrants were then executed, one at the Hill+Knowiton Strategies Canada office in Ottawa, Ontario, and the other at the Chantier Davie office in Lévis, Québec. Data in the form of emails was seized at both locations, and documents including a Memorandum to Cabinet (MC) bearing the “Secret” designation, was also seized at the Hill+Knowiton Strategies Canada office, These emails identify two sources of the leak of classified information. ® Chantier Davie submitted an unsolicited proposal to the Government of Canada in October, 2014, to buildin interim Auxiliary Oiler Replenishment ship to fil the RCN's capability gap. Page 4 of 97 6. | reviewed the emails seized at Chantier Davie and | believe that the source of the leak to Fraser was Vice-Admiral Mark Norman, then Commander of the Royal Canadian Navy. Norman, | believe, provided the information subject to cabinet confidence to Spencer Fraser, who then provided updates to the Chantier Davie / PRI team. Some of this information was subsequently distributed to lobbyists and eventually to the media, As set out in detail below, a review of Fraser's emails demonstrates that Fraser had a source of information he referred to as “our friend” and that this source, | believe, was Norman. In addition to sending emails from the email address JTIIITIIIIIEEE which were seized during the execution of a search warrant at Chantier Davie, Fraser also used the private email address Ij to forward classified information 7. Two production orders were subsequently served on Shaw Cable Systems GP. The first was to obtain all email contents and contacts preserved pursuant to a preservation demand dated July 12, 2016, for Shaw customer email address (GREE. The second production order was to obtain the subscriber mation, system notes along with the content of any other email accounts associated to the Shaw Cable Systems G.P. customer account to which is associated, and an update of TI email contents and contacts. 8. A review of the email content received from Shaw Cable Systems G.P. revealed that some of the information subject to cabinet confidence that Fraser was sending to the Chantier Davie / PRI team was being received from |, which | believe to be used by Mark Norman. ‘The email review also identified what | believe to be a third email address used by 9.A general warrant was authorized and executed to covertly and/or remotely or otherwise gain access to the mobile devices, copy and/or seize, by any means, data including email authentication details and any electronic communication, sent, received, or saved, between May 21, 2014, and July 31, 2016, stored within the mobile devices, copy and/or seize electronic communications by using collected authentication details to remotely access email accounts |, and/or any other email account for which authentication details have been collected, for Mark Norman's iPad and/or cellular phone (associated to phone number ) and for Spencer Fraser's cellular phone (associated to phone number| ). 10. Although none of Norman's devices or email accounts were successfully accessed, the execution of the general warrant resulted in emails being seized from Fraser's email account. A review of these emails revealed that on March 30, Page 5 of 97 2016, Fraser, using his email address, sent an email to Norman's email address, demonstrating communication between Norman and Fraser even beyond the AOR contract being awarded to Chantier Davie / PRI. 11.1 am now seeking the authorization of a search warrant to be executed at the residence of Mark Norman located at 825 Adencliffe Drive, Ottawa, Ontario, to seize electronic communication devices containing data demonstrating that Norman transmitted or communicated protected information to unauthorized parties including Spencer Fraser. These communications contained information related to the interim AOR project which was protected by cabinet confidence that should not have been disseminated to the public. Therefore, | believe tracing the origin of this information through electronic communication devices such as cellular phones, iPads and computers will afford evidence to confirm Norman's use of his email as well as identify the extent of the leak of classified information. Furthermore, Norman's possession of these devices will also afford evidence into the offences being investigated. This evidence will demonstrate that Norman's conduct represented a serious and marked departure from the standards expected of an individual in the official's position of public trust thereby committing a Breach of Trust pursuant to section 122 of the Criminal Code and will afford evidence that Norman's conduct was also a violation of the Security of Information Act. INTRODUCTION 12. | am a Peace Officer and | have been a member of the RCMP since March 17, 2008. | am currently posted to the National Division based in Ottawa, Ontario. At this posting, | am an investigator with the Sensitive and Intemational Investigations unit whose mandate is to focus its expertise in sensitive, high-risk investigations into significant threats to Canada's political, economic and social integrity. Prior to my current posting | spent nearly three years in the Ottawa Detachment Financial Crime team. 13. During my career with the RCMP, | have been an affiant assigned to an investigation that targeted the online sale and distribution of marihuana using Canada Post as a courier. As a result, | prepared several judicial authorizations including production orders, sealing orders and a search warrant. | was also an affiant for the financial component of an investigation that targeted an organization that operated a clandestine lab producing ecstasy. During this investigation | had dealings with senior bank employees from various financial Page 6 of 97 institutions along with forensic accountants and other business professionals, Due to my contribution, the investigative team determined that the business operated by the organization was in a fact an illegitimate business financed by a wanted criminal. Another investigation to which | was assigned, focusing on proceeds of crime, led me to work with senior bank officials as well as business owners. As a result of having identified potential proceeds of crime abroad, | represented the RCMP in a meeting with high ranking government officials in the Interior Security Force in Beirut, Lebanon. 14. In addition to my previous investigational experience, | successfully completed the Search Warrant Drafting course in March 2012. This course is designed to develop the knowledge and skills of police officers to draft item-specific or technique-specific Informations to Obtain (ITO) and warrants, and included the following topics: warrant types and requirements; information from Third Parties; and grounds to believe and warrantless search and seizures. Additionally, | completed the Financial Investigations Techniques course in October 2013. This course is designed to provide tools to assist investigators in gathering and preserving the required evidence to successfully prosecute individuals involved in financial crimes. Its topics include financial crimes, money laundering, investigative techniques, major case management and using the Internet for investigations. 15. Throughout my career, | have participated in various investigations ranging from drug and organized crime investigations to proceeds of crime and money laundering investigations. In the majority of these investigations, | found nearly all people have communicated by some electronic means, whether by email or cellular phone messages. It is my experience that when dealing with business professionals, these records are kept in a meticulous manner, generally to protect themselves against potential lawsuits by clients, and to demonstrate billable work. 16. | have personal knowledge of the matters and facts described in this Information to Obtain, except where stated to be on information and belief. | believe the contents of this Information to Obtain to be true. 17. | understand that this is an ex parte application and that | am obligated to provide full and fair disclosure of the all material facts available to me. In the process of preparing this document, | did not include every single detail of this investigation. For example, | did not include information that was duplicated between the Privy Council Office internal investigation and the ongoing criminal investigation. Additionally, many of the reports | have read (and have summarized below) contain more information than | have included in this document. In an effort to Page 7 of 97 prepare a document that is concise and written in plain language, | have included information that | believe relates to this specific investigation and that is necessary to establish the grounds for issuance and to make full and fair disclosure. Despite the fact that | have summarized some of the information | have read, | believe there is sufficient information in this document to support the requested search warrant. | am also aware of my obligation to provide full and fair disclosure of the information relating to the issuance of the requested search warrant and to disclose information known to me that materially undermines the preconditions for the proposed warrant, and I have done so. DEFINITIONS & ABBREVIATIONS 18, Throughout this Information to Obtain, | have used acronyms and abbreviations to describe certain terms. In this section, | have included the full names for all acronyms and | have provided definitions to describe what | reference throughout this Information to Obtain. a. Abbreviations and Definitions: i. AOR — Auxiliary Oiler Replenishment: Ship utilized by the Royal Canadian Navy which provides a spectrum of operations at home and abroad, including responding to natural disasters, humanitarian crises, and deterrence and peace operations. ii, PCO — Privy Council Office: Hub of non-partisan, public service support to the Prime Minister and Cabinet and its decision-making structures. iii, RCN - Royal Canadian Navy: Canada's naval force, and one of three environmental commands within the Canadian Armed Forces (CAF). iv. LOI Letter of Intent: A document outlining the general plans of an agreement between two or more parties before a legal agreement is finalized. v. Cabinet confidence® - The term “Confidences of the Queen's Privy Council for Canada” (commonly referred to as ‘Cabinet * The Supreme Court of Canada's Babcock v. Canada (Attorney General) {2002} decision, states: “The British democratic tradition which informs the Canadian tradition has long. affirmed the confidentiality of what is said in the Cabinet room, and documents and papers prepared for Cabinet discussions. The reasons are obvious. Those charged with the heavy responsibility of making government decisions must be free to discuss all aspects of the problems that come before them and to express all manner of views, without fear that what they read, say or act Page 8 of 97 confidences") is defined in legislation, notably in section 39 of the Canada Evidence Act, section 69 of the Access to Information Act and section 70 of the Privacy Act. Cabinet confidences include information contained in, but not limited to: a. Memoranda the purpose of which is to present proposals or recommendations to Council; b. Discussion papers the purpose of which is to present background explanations, analyses of problems or policy options. to Council for consideration by Council in making decisions; cc. Agenda of Council or records of deliberations or decisions of Council; d. Records used for or reflecting communications or discussions between Ministers of the Crown on matters relating to the making of government decisions or the formulation of government policy; e. Records the purpose of which is to brief Ministers of ‘the Crown in relation to matters that are before, or are proposed to be brought before, Council or that are the subject of communications or discussions referred to in paragraph (d); and f. Draft legislation, b. Persons and businesses mentioned in the Information to Obtain: i. i, |. Project Resolve Inc. (PRI): A special purpose er Chantier Davie Canada Inc. (Chantier Davie): Canada's largest and highest capacity shipyard and one of the largest shipbuilders in North America. Chantier Davie is located in Lévis, Québec. y created for the AOR project by Inocea Group, the parent company of Chantier Davie Canada inc. PRI is now Federal Fleet Services. Irving Shipbuilding Inc. (ISI): The second largest shipbuilder in Canada. Headquartered in Halifax, Nova Scotia, the company is a ‘on will ater be subject to public scrutiny [..] If Cabinet member's statements were subject to disclosure, Cabinet members might censor their words, consciously or unconsciously. They might shy away from stating unpopular Positions, or from making comments that might be considered politically incorrect.” Page 9 of 97 vi. vii. vil Xi xii xi, xiv. xv. xvi. xvii whally owned subsidiary of the Canadian industrial conglomerate J.D. Irving Limited. ‘Seaspan ULC (SS): Seaspan provides marine-related services to the Pacific Northwest. The group of companies includes shipyards in British-Columbia. Fleishman-Hillard Canada Inc: Lobbyist firm hired by and representing Chantier Davie to assist them with the AOR project. Fleishman-Hillard Canada Inc.'s lobbying activity for Chantier Davie ended on January 11, 2016. Hill*Knowiton Strategies Canada: Lobbyist firm hired by and representing Chantier Davie to assist them with the AOR project. Hill*Knowiton Strategies Canada remains listed as active on the website of the Office of the Commissioner of Losbying of Canada. Catherine McKenna: Environment and Climate Change Minister _ Eee Scott Brison: President of the Treasury Board of Canada Secretariat (TBS) Melissa Burke: Analyst at the Foreign and Defence Policy Secretariat at PCO Siobhan Harty: Director of Operations, Economic & Regional Development Policy (ERDP) PCO. lan Burney: Assistant Secretary to the Cabinet, ERDP PCO. Les Linklater: Deputy Secretary to the Cabinet Operations, PCO. Brian Mersereau: Lobbyist at Hill+Knowiton Strategies Canada (Ottawa office) representing Chantier Davie. John Schmidt: Vice-President Commercial at Chantier Davi ‘Spencer Fraser: CEO of Federal Fleet Services, formerly Project Resolve Inc. Kevin Macintosh: ‘Lobbyist at Fleishman-Hillard Canada Inc. (Ottawa office) James Cudmore: Reporter at the Canadian Broadcasting Corporation (CBC) during the time of the leak of information. Page 10 of 97 xvii xix. xxii xxi xxiv. |. Mark Normat George Da Pont: Retired Deputy Minister of Public Services and Procurement Canada (PSPC). Gavin Liddy: Associate Deputy Minister at Public Services and Procurement Canada Alex Vicefield: CEO of Inocea, parent company of Chantier Davie. Vice-Admiral and former Commander of the RCN (at the time of the leak), recently promoted to Vice Chief of Defence Staff of the Canadian Armed Forces. Norman is suspected of having committed a Criminal Code section 122 breach of trust offence. The search warrant sought with this application is for a search of Norman’s residence located at 825 Adencliffe Drive, Ottawa, Ontario. Jon Mack: Former Director General of Procurement Services at the Department of National Defence (DND). Kevin McCoy: Presi :nt of Irving Shipbuilding Inc. Ken Hansen: Former navy officer and maritime security analyst at Dalhousie University . Alain Garceau: Employee of Project Resolve Inc. ¢. Investigator's Comment: Investigator's comments - Throughout this Information to Obtain | have added comments to explain or link information and to state my belief. Where these comments are added, | have defined them with square brackets and an italic font, [as such]. i. Verbatim quotes — In the Grounds to Believe section of this Information to Obtain | have added verbatim quotes used during email communication. Where these quotes are used, | have written them as they appear on the seized data/document and highlighted them using a bold and an italic font, as such. SOURCES OF INFORMATION 19. Throughout this Information to Obtain, various sources of information have been used to formulate my reasonable grounds of belief. These include: Page 11 of 97 a. Package of documents prepared by the Privy Council Office (PCO) and provided to the RCMP: i A document titled “Internal Investigation Into the Unauthorized Disclosure of Cabinet Confidence Information Relating to the Interim Auxiliary Replenishment Capability” dated November, 2015, prepared by Gerry Deneault and Louise Lacelle of Security Operations at PCO. This package includes documents such as Memoranda to Cabinet, emails and other documents obtained by PCO while conducting their internal investigation. When sourcing my grounds using the PCO package, | will refer to the specific document contained in the package. b. Audio recorded interviews: vi Interview of Minister Catherine McKenna, Minister of Environment and Climate Change, conducted by Sgt. Denis Beaudoin and Supt. Denis Desnoyers, both members of the RCMP, on January 19, 2016. i. Interview of Melissa Burke, Analyst at the Foreign and Defence Policy Secretariat at PCO conducted by Cpl. Joss Duhaime and Cpl. Benjamin Bertrand, both members of the RCMP, on January 20, 2016. Interview of Minister Scott Brison, President of the Treasury Board, conducted by Sgt. Beaudoin and Supt. Desnoyers, on January 29, 2016. Interview of George Da Pont, Deputy Minister (retired) of Public Services and Procurement Canada conducted by Cpl. Bertrand and Insp. Mike MacLean of the RCMP on February 8, 2016 Interview of Kevin Macintosh, Senior Vice-President at Fleishman- Hillard Canada Inc.'s Ottawa office conducted by Cpl. Bertrand on March 31, 2016. Interview of Spencer Fraser, CEO of Project Resolve, conducted by Cpl. Duhaime and myself on May 11, 2016. ‘When sourcing information from one of the above noted interviews in the Information to Obtain, | acquired the knowledge by listening to a recording of the interview in question. Page 12 of 97 cc. Documents and data seized during the execution of a search warrant at the office of Fleishman-Hillard Canada Inc., located at 45 O'Connor Street, Suite 1200, Ottawa, Ontario. d. Documents and data seized during the execution of a search warrant at the office of Hill+Knowlton Strategies Canada, located at 55 Metcalfe Street, Suite 1100, Ottawa, Ontario. e. Data seized during the execution of a search warrant at the office of Chantier Davie Canada Inc, located at 22 rue George-D. Davie, Lévis, Québec. f. Data seized as a result of production orders served on Shaw Cable Systems G.P._for the email contents of the email address g. Data seized as a result of the execution of the general warrant from Fraser's email address is INVESTIGATIVE STEPS LEADING UP TO THIS SEARCH WARRANT BEING SOUGHT 20. As a result of the documents received from PCO titled “Internal Investigation into the Unauthorized Disclosure of Cabinet Confidence Information Relating to the Interim Auxiliary Replenishment Capability’, along with interviews of officials involved in the AOR contract, it was determined that Kevin Macintosh, a lobbyist working for Fleishman-Hillard Canada Inc. and representing Chantier Davie at the time of the leak, was in possession of information protected by cabinet confidence. 21.On March 29, 2016, Ontario Court of Justice Judge D. Lahaie authorized a search warrant (including an assistance order and a sealing order) to be executed at Fleishman-Hillard Canada Inc.'s office located at 45 O'Connor Street, Suite 1200, Ottawa, Ontario. The search warrant was executed on March 31, 2016, and various documents and data pertaining to the unauthorized disclosure of the information pertaining to the AOR project were seized. RNA #235 2 cr a atthe ring note containing information protected by cabinet confidence to Minister Brison’s assistant, Tisha Ashton, The ‘email and included POF document are attached In Appencli A” of this Information to Obtain, Page 13 of 97 22. During an interview, Macintosh was asked what he knew regarding the Ad Hoc ‘Committee and answered: “All | know is what | was told, that there was a, ! guess a meeting. That's what someone, | guess they [Chantier Davie] knew, but certainly no one told me about it, except them [Chantier Davie].” Macintosh also stated he received a briefing note from someone at Davie, most likely from John ‘Schmidt. 23. Resulting from the analysis of the emails seized at Fleishman-Hillard Canada Inc., it was determined that Macintosh received the information subject to cabinet confidence via emails sent by Schmit. 24, On May 9, 2016, Ontario Court of Justice Judge J. Brunet authorized two search warrants (including assistance orders and sealing orders), the first to be executed at Hill+Knowlton Strategies Canada’s office located at 55 Metcalfe ‘Street, Suite 1100, Ottawa, Ontario, and the other at Chantier Davie Canada Inc.'s office located at 22 rue George-D. Davie, Lévis, Québec. On May 11, 2016, the two search warrants were executed, during which various documents and data pertaining to the unauthorized disclosure of the information related to the AOR project were seized. 25. As a result of the analysis of the data seized at Chantier Davie, it was discovered that Spencer Fraser was supplying information subject to cabinet confidence to Schmidt, to Alex Vicefield, CEO of Inocea, parent company of Chantier Davie, and to various lobbyists working on behalf of Chantier Davie. Fraser sent multiple emails to the above mentioned group, in full or in part, in which Fraser sources the information contained in his emails to a person he referred to as “our friend” Additionally, one of the emails sent by Fraser contained the subject heading “From Mark". The information Fraser sourced to ‘our friend” included: P| * 1 earned this by listening to an audio recording of Macintosh’s interview, conducted by Cpl. Bertrand on March 31, 2016, * 1 learned this by reading the email and attachment Schmidt sent to Macintosh et al on November 18, 2015, at 7:17 pm. This email was seized during the execution of @ search warrant at Fleishman-Hijlard Canada Inc. on March 31, 2016. The email and attachment are attached in Appendix “B" ofthis Information to Obtain. | Jearned this by reading the email Fraser sent to Schmit and Vicefield on November 19, 2015, at 9:02 am. This email was seized during the execution of a search warrant at Chantier Davie on May 11, 2016. The email Is attached in Appendix “C’ ofthis Information to Obtain. Page 14 of 97 [All this information was information subject to cabinet confidence. 26. Although Fraser mostly used hic TIT cmail address to communicate with the Chantier Davie / PRI team, some emails were sent from his II email address. 27.On July 26, 2016, Ontario Court of Justice Judge M. Hoffman authorized a production order (including a non-disclosure order and a sealing order) to be served on Shaw Cable Systems G.P. to obtain the data preserved subsequent to a preservation demand dated July 12, 2016, including the email contents and contacts for email address i. 28.On July 27, 2016, Ontario Court of Justice Judge M. Hoffman authorized a production order, non-disclosure order and a sealing order to be served on Shaw Cable Systems G.P. to obtain the subscriber information, system notes along with the content of any other email accounts associated to the Shaw Cable Systems G.P. customer account to which EEE is associated, 29. Pursuant to these production orders, email content and contacts were seized from Shaw Cable Systems G.P. Through the analysis of these emails, it was determined that Fraser was receiving information subject to cabinet confidence from the email address GES, which | believe to be used by Mark Norman. A third email address believed to be used by Fraser was also discovered, a 30. Also included with the content of the NNN emails, was a contact created for “Mark Norman", which included a home phone number, a cell phone number and the email address One of the two phone numbers under Norman's contact is listed as| 31.1 conducted an intemet search on the www.whitepages.ca website, which identified that the [JENN phone number is associated to M. Norman at 825 Adencliffe Dr., Orleans, ON. learned this by reading the email Fraser sent to Schmidt and Vicefield on November 15, 2015, at 6:42 pm, This email was seized during the execution of a search warrant at Chantier Davie on May 11, 2016. The email is attached in Appendix “D" of this Information to Obtain * | learned this by reading the email Fraser sent to Vicefield on November 19, 2015, at 4:13 pm. This email was seized during the execution of a search warrant at Chantier Davie on May 11, 2016, The emal is attached in ‘Appendix “E” of this Information to Obtain. Page 15 of 97 32. On October 11, 2016, Ontario Court of Justice Judge A. Alder authorized a general warrant and sealing order to covertly and/or remotely or otherwise gain access to the mobile devices, copy and/or seize, by any means, data including email authentication details and any electronic communication, sent, received, or saved, between May 21, 2014, and July 31, 2016, stored within the mobile devices, copy and/or seize electronic communications by using collected authentication details to __ remotely access email accounts. and/or any other email account for which authentication details have been collected, for Mark Norman's iPad and/or cellular phone (associated to phone number ) and Sparc’ were soe’ hee rool rere ar 33. As a result of the execution of the general warrant, email authentication details, were obtained from Fraser's cellular phone for the email address (ERE. No data, including email authentication details, was obtained from any of Norman's devices 34. On November 5, 2016, Ontario Court of Justice Judge A. Alder authorized a general warrant and sealing order allowing for continuation of the technique authorized with the October 11, 2016, general warrant. This November 5, 2016, general warrant provided greater detail into the technique being utilized 35. As a result of the execution of this latest general warrant, emails from the email address GEN were seized. One email in particular was sent from Fraser to Norman on March 30, 2016, demonstrating that the two were still in communication despite the AOR contract being awarded to Davie / PRI on November 30, 2015. GROUNDS FOR BELIEF Background on HERE 2": the Auxiliary Oiler Replenishment contract 36. The Royal Canadian Navy (RCN) operated two Auxiliary Qiler Replenishment (AOR) ships from the 1960s until 2014, at which point both were decommissioned earlier than anticipated. The RCN ordered two new AUR vessels to replace the retired ships, but these are only scheduled to be delivered Page 16 of 97 to the RCN in 2020 and 2021. This resulted in the RCN having an AOR capability gap of 4-5 years. 37. On July 31, 2015, the Government of Canada signed a Letter of Intent with Chantier Davie and Project Resolve Inc. (Chantier Davie) to start negotiations for the procurement of services agreement for an interim AOR ship."? The relevant clauses of the Letter of Intent are set out as follows: i, The Government of Canada will enter into a non-competitive contract with Chantier Davie to retrofit an AOR for approximately $667M. li, Should the Government of Canada decide to not award the contract. to Chantier Davie by November 30, 2015, the Government of Canada is to reimburse Chantier Davie's costs up to $89M. 38. On October 7, 2015, the commercial ship “Asterix” arrived at Chantier Davie in Lévis, Québec. Upon the ship's arrival at the shipyard, work began to refurbish it according to the Letter of intent." 39. 4% At the time the Letter of Intent was signed, the Canadian government was headed by Prime Minister Stephen Harper and the Conservative Party Page 17 of 97 1g of November 20, 2015, a news article written by James Cudmore was published on CBC's website. The article stated “CBC News has learned that on Thursday [November 19, 2015], the commit 12: 2.2700 cecn5 on the deal [with Chantier Davie] for at least two months”. "® 42. [The content of the Committee meeting was protected by confidence of the Queen's Privy Council (cabinet confidence) and should not have been public knowledge. Cudmore's article clearly demonstrates a source privy to the discussions held during the Committee meeting disclosed the confidential information to an unauthorized person after the Committee meeting.] % | learned this by listening to an audio recording of the interview of Melisa Burke, Analyst at the Foreign and Defence Policy Secretariat at PCO conducted by Cpl J. Duhaime and Cpl. 8. Bertrand, both members ofthe RCMP, ‘on January 20, 2016. | earned this by listening to an audio recording of Burke's interview conducted by Cpl. J. Duhaime and Cpl. 8, Bertrand on tanuary 20, 2016. 2 Learned this by listening to an audio recording of Minister McKenna's interview, conducted by Sgt. D. Beaudoin ‘and Supt. D. Desnoyers, both members ofthe RCMP, on January 19, 2016. | learned this by reading Cudmore's news article titled “Davie interim supply ship $700M deal delayed by Uberals" dated November 20, 2015, posted on htto:/www.che.ca/news/politics/davie-supply-ship-iberals-halt: 41,3327039. The article is attached in Appendix “F” of this information to Obtain, Page 18 of 97 43. As government procurement is part of the mandate of Public Services and Procurement Canada, this ministrys then Deputy Minister George Da Pont played a significant role in the orchestration of the AOR project. During his interview, Deputy Minister George Da Pont stated he believes the information included in Cudmore's November 20, 2015, article originated from someone who vos preset To ion someone to whom the information had been relayed by someone present during the meeting. ‘According to Minister believes, however, that trust and confidence in officials was clearly put into disrepute.° Minister Brison, on the other hand, stated: ‘On the twentieth [November 20, 2015] when that article [Cudmore’s CBC news article titled Davie interim supply ship $700M deal delayed by Liberals] came out, it made our jobs much more difficult.” Minister Brison further stated he cannot remember a breach of cabinet confidence such as this [referring to the information published in Cudmore’s November 20, 2015, news article], and the unauthorized disclosure of classified information denied members of the Committee the opportunity to thoughtfully do their jobs. Additionally, Minister Brison said: “It [the leak of classified information] impacted our ability to do our work. We have cabinet confidence [so] that we can speak openly and honestly with each other, and discuss information and that was blown out of the water by this [leak of classified information)". Minister Brison went on to say: “The rendering of this [classified information] into the public domain did an awful lot to limit our ability to really do | learned this by listening to an audio recording of Deputy Minister Da Pont’s interview, conducted by Cpl. 8. Bertrand and Insp. M. MacLean on February 8, 2016, and comparing its contents to Cudmore’s November 20, 2015, news article. 2 | Jearned this by listening to an audio recording of Minister McKenna’s interview, conducted by Sgt. 0. Beaudoin ‘and Supt. D. Desnoyers on January 19, 2036. Page 19 of 97 what we'd [the Committee] intended to do, and that is more due diligence on this."2" Exchange of emails between Norman and Fraser 45. [The following grounds will ilustrate the relationship between Spencer Fraser and Vice-Admiral Mark Norman, and demonstrate why | believe Fraser received information subject to cabinet confidence from Norman. These grounds will also demonstrate why | believe data that will provide evidence into the commission of the offences under investigation exists in Norman's iPad, cellular phone and computer.] 46. [When I refer to the email address | believe this email address to be used by Vice-Admiral Mark A. Norman as the name and title would suggest in the email address. As mentioned in paragraph 30, email content associated to (ZEN was seized from Shaw Cable Systems G-P., including a contact card for Mark Norman which listed his phone number as |. According to an October 29, 2010, record in the Ottawa Police Service record management system, this same phone number is linked to Mark A. Norman (bom residing at 825 Adencliffe Drive, Ottawa, Ontario.22 47.On October 8, 2015, at 9:13 pm, Fraser, using his email address sent__an email to Norman’s email address , with the subject: “Status”. In this email, Fraser related to Norman various frustrations and challenges he was having along with various costs associated to the AOR contract. The following morning, Norman replied to Fraser and wrote: “Ack. hang in there. Feedback at my end is near- consistently supportive. lots of hurdles but nobody is throwing stones or ready to walk away...steady as she goes. Arrival of ship is a great, visible step forward. pickup in the media is positive...my sense is that we continue % | learned this by listening to an audio recording of Minister Brison’s interview, conducted by Sgt. 0. Beaudoin ‘and Supt. D. Desnoyers on January 29, 2016 2 | earned this by reading Ottawa Police Service's report for fle #6O Page 20 of 97 to be on the curve...no doubt painful and unnecessarily difficult, but tracking in the right direction." 48. [Since the new government wasn't voted-in until October 19, 2016, | believe that Norman and Fraser had been communicating since before the introduction of the new government. | also believe that due to the content of the email sent by Norman to Fraser on October 8, 2015, Norman was providing Fraser with updates related to the prevailing sentiments within government regarding the AOR contract.) 49.On October 22, 2015, at 9:38 am, Fraser, using his email address |. sent an email to Norman's email address |, once again with the subject: "Status". In this email Fraser wrote: “Mark, -Good news is that the contract terms and conditions as well as pricing are agreed. We are told LOI expansion is being staffed for early next week. ~Bad news is that there are more delay Sent from my iPhone’. Less than two hours later, Norman replied: Agree with your assessment. | think things are pretty solid and iAOR is unquestionably a priority in terms Good news is that the financial risk to the crown as in essence been capped. IUFB! My sense is that there is little risk of the contract not being supported/signed...the issue will be what potential baggage there might be with a decision to go forward. Any further delays and everyone agrees it starts to look less appealing...we need to avoid a self-fulfilling “I told you so” scenario. M Sent from my iPad’. 50. [1 believe that once again, Norman was sharing with Fraser information relating to the government's concerns and issues regarding the AUR contract. Norman provided Fraser with intricate details related to issues and concerns surrounding ® | learned this by reading the emails sent between Fraser and Norman from October 8, 2015, at 9:13 pm to October 9, 2015, at 11:27 am. These emails were seized from Shaw Cable Systems G.P. pursuant to the production ‘orders authorized on July 26 and 27, 2016. The emails are attached in Appendix “G" ofthis Information to Obtain. | learned this by reading the emails sent between Fraser and Norman from October 22, 2015, at 9:38 am to October 22, 2015, at 11:23 am. These emails were seized from Shaw Cable Systems G.P. pursuant to the production orders authorized on July 26 and 27, 2016. The emails are attached in Appendix “H” of this information to Obtain. Page 21 of 97 the AOR contract within government. By doing so, Norman gave Fraser and Chantier Davie / PRI an insight on how to mitigate potential concerns expressed by the government. This exchange of emails also demonstrates that the relationship between Norman and Fraser was more than simply professional. The way in which Fraser began his email to the then Commander of the RCN, “Mark,” and the way in which Norman signed his reply “M", demonstrates an established and personal relationship rather than a rank-oriented professional ‘one. The signature ending Norman's omail demonstrates that it was sent from his iPad.] 51.On November 9, 2015, at 6:23 am, Norman, using his email address , sent an email to Fraser's email address |. with the subject: “Vimy’. In this email Norman wrote: “Great to see you out the other night. Went looking for afterward — wanted to chat ref RESOLVE. Passed the message to Al

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