CBSA Caught Lying to the Court and Destroying Evidence

Shan-Marie Pereira
CBSA Intelligence Officer

On 2019-03-15, I was under a probation order which prohibited me from leaving the Province of British Columbia, Canada for three years Probation Order, conditions 9 and 10. This was imposed even though I am not a Canadian citizen and have no immigration status in Canada. I applied to have the condition removed, but the prosecutor (Mark Myhre) opposed it and the judge (Heather Holmes) denied it. Myhre did say, though, that if I am removed or told by IRCC/CBSA to leave Canada, then he would not consider that a violation of the probation condition.

So, on 2019-03-15, I turned myself in to CBSA at the Douglas port of entry (POE), with the expectation that they would find me inadmissible and deny me readmission to Canada - effectively removing from Canada. But Myhre then got a warrant for my arrest, for leaving BC without permission, and the US authorities sent me back to Canada.

I promptly submitted a formal request to CBSA for the video footage of me at the Douglas POE. That video would prove I was denied readmission by CBSA and so, did not violate the probation order. But CBSA destroyed the video, in violation of their own policies, before it could be obtained.

CBSA (and in particular, Intelligence Officer Shan-Marie Pereira) then insisted, to the RCMP, the BC prosecutors, and the judge, that there was absolutely no record of CBSA having any contact with me on 2019-03-15. The prosecutor (Bernie Wolfe) then used that as the basis to insist I must be lying and that, in reality, I DID NOT turn myself in to CBSA, I simply left BC of my own free will.

For seven months, all parties and departments within CBSA maintained the insistence that there was no record of me presenting myself to them on 2019-03-15. And Wolfe continued to insist the only explanation is that I must be lying.

From August 2019 through December 2019, I submitted numerous Access to Information and Privacy (ATIP) requests to CBSA and IRCC, as well as numerous letters to the relevant parties within CBSA, requesting any information which could help to prove I did turn myself in to them and was denied readmission. For the most part, they did not respond. The few responses I did receive, from CBSA's ATIP department, generally stated no such records exist, or they refused to admit or deny the existence of the records.

Then, in late November 2019, I received a response from CBSA's ATIP department, showing that my name was searched in their information system, from somebody at the Douglas POE, on 2019-03-15 between 4pm and 6pm, but that the records were being withheld.

Then, on 2020-01-25, I received a response from IRCC (not CBSA) to an ATIP request. That response included my Global Case Management System (GCMS) report, which is the primary information management system used by IRCC and CBSA. Any time a person requests information about themselves from IRCC or CBSA, this is the first and most obvious place they would look. And much to my shock, the GCMS report actually contained all of the CBSA officer's notes and information regarding her interaction with me on 2019-03-15! CBSA - including the staff at the Douglas POE, the Vancouver inland office, AND the ATIP office in Ottawa - had been lying all along about there being no record of any contact with me on 2019-03-15!!!

And as a result of those lies, I was arrested and prosecuted for violating my probation conditions, and spent eight months in jail.

In 2017 I was convicted of criminal harassment based on my email correspondence with my ex-wife (Desiree Capuano), and a website I created to expose all the horrible, despicable things she had done to me and our son for years. I was sentenced to three years and ten months in prison, followed by a three year probation order.

That probation order included a condition that I not leave British Columbia without the written permission of my probation officer condition 9; and a condition that I not be within 100 meters of the US border condition 10. During the trial, the prosecutor, Mark Myhre, had submitted as an exhibit, my US birth certificate Exhibit List; Exhibit 2 to show the jury that because I am a US citizen I could easily cross the border, return to the US, and possibly do unspeakably horrific things to my poor, innocent, helpless ex-wife. Based on that, both Myhre and the judge, Heather Holmes, knew I was a US citizen.

But somehow, once the guilty verdict came back, they both somehow completely forgot I was born in the US and suddenly insisted I am a Canadian citizen, born in Ontario. Obviously, they needed to claim to believe that in order to impose a condition requiring me to remain in BC. It would have been ridiculous to impose such a condition on a person who is a foreign national, essentially in the country illegally.

My prison sentence ended on 2018-12-30. I was released, and the probation order came into effect.

Following my release, I applied to the court to have the condition requiring me to remain in BC removed, based on the facts that I have no status in Canada; I'm not authorized to work in Canada and, therefore, have no way to support myself; am not eligible for any government assistance (not that I'd want any "assistance" from the Canadian or BC governments) Ministry of Social Services denial; and I'm not even elligible for medical insurance (in Canada, the only medical insurance is the socialist, government insurance).

I brought to the hearing, documents from IRCC confirming I was born in the US FOSS report, and recordings of telephone calls with IRCC recording and CBSA recording, wherein they both acknowledged I was born in the US and have no status in Canada. Myhre brought a prior court ruling wherein the judge "found" that I am not a US citizen Add citation, link to case. That ruling was not based on anything other than the judge saying it is so.

Holmes ruled against me, claiming the IRCC documents didn't prove anything and that the recordings of the phone conversations only proved I was manipulating those agencies just like I was trying to manipulate the court Reasons for Judgment.

I told Holmes and Myhre that regardless, I was going to turn myself in to CBSA with the intention of being deported.

The day after that hearing, I went to the Douglas port of entry (POE) and turned myself in to CBSA.

On 2019-07-26, having not heard back from CBSA regarding my ATIP request for the video footage from 2019-03-15, I made a formal disclosure request to Wolfe for it letter to Wolfe, requesting disclosure of CBSA video. It was unquestionably relevant to my defense and so they were legally required to disclose it.

On 2019-08-02, RCMP officer Kirsty Brown told Wolfe that their original request to CBSA, on 2019-05-07, for the video footage of me "was misplaced and not actioned" emails between Brown and Wolfe. Brown claimed the video from 2019-03-15 was no longer available because the retention period had passed. That is, of course, false because having submitted an ATIP request for it, CBSA was required to keep if for at least two years. Also, CBSA has no record of ever receiving that request.

Obviously, the video of me at the Douglas POE was the most important evidence for my defense. So, upon finding out it had been destroyed, I requested the trial be rescheduled to allow me more time to pursue other evidence. The judge said no.

The trial began on 2019-08-12. After the prosecution completed their case, I told the judge I'm not ready to proceed with my defense because CBSA had destroyed what was the most critical evidence and I needed more time to try to obtain other evidence. I requested an adjournment. Wolfe fervently opposed it. The judge agreed with me and granted the adjournment TR 2019-08-15 p11l18-23; p13l17-p17l33; p24l20-40.

On 2019-08-16, immediately following the court granting my adjournment so I could seek out evidence to prove I did turn myself in to CBSA and was removed, Wolfe sent a request to the RCMP to follow-up further with CBSA RCMP Occurrence Report. Interesting that Wolfe didn't do this sooner. That he waited until after that judge granted me more time to find evidence to prove my innocence.

I then began pursuing other evidence from CBSA, to prove I had turned myself in to them on 2019-03-15 and was denied readmission. I knew such records must exist.

On 2019-08-16, immediately following the adjournment of the trial, I submitted an ATIP request for any records from the Douglas POE which referred to myself, from 2019-03-15 ATIP request. On 2019-10-08, CBSA's ATIP department, which is in Ottawa and has nothing to do with the Douglas POE, responded saying only "Does not exist" ATIP response. Very peculiar, I thought.

On 2019-08-23, the RCMP (Kirsty Brown) sent a report to Wolfe, detailing their interactions with CBSA Occurrence Report - 16. In this report, the RCMP claims they first spoke with Shan-Marie Pereira on 2019-03-21.

Brown admitted Pereira was already aware of me, from her involvement in my prior matters. That being the case, Pereira must have already known I was born in the US and was, therefore, a US citizen.

Pereira also told Brown, at that time, that she had initiated an alert for me within CBSA's information management system. That information management system would the the Global Case Management System (or "GCMS"). So, Pereira acknowledged she had accessed my GCMS record some time between 2019-03-19 and 2019-03-21.

However, Pereira gave no indication that CBSA had any records relating to any interaction with me on 2019-03-15.

In her report to Wolfe, Brown also admitted that the RCMP's 2019-05-07 request to CBSA for any video of me was based on: 1) my statements during the interrogation, that I had turned myself in to CBSA before turning myself in to CBP; and 2) CBSA Officer Gill stating he had seen me at the POE on 2019-03-15. Both statements of which occurred on 2019-04-04, when I was returned to Canada. And yet, even though the RCMP became aware of both of those statements on 2019-04-04, they still chose to wait until 2019-05-07 to request the video from CBSA!

Pereira spoke to Brown on the phone, on 2019-08-20, at which time Pereira "confirmed that there were no CBSA records relating to Patrick Henry Fox from March 15, 2019, and had there been any she would have advised Burnaby RCMP during their initial contact." Pereira then sent an email to Brown, on 2019-08-21, stating:

CBSA does not have any record of dealing with Mr. Fox on March 15/19. Furthermore, Mr. Fox could not be deported to the USA or denied entry into Canada due to he is a Canadian Citizen.

email from Pereira to Brown

So, Pereira clearly, directly, and unequivocally insisted she knew who I was, she had been involved in my immigration related cases in the past, that I am a Canadian citizen, and that there was absolutely no record, no evidence, that CBSA had any contact with me on 2019-03-15.

Based on Pereira's asssertions, Brown told Wolfe the fact that CBSA has no official information or records relating to any interaction with me on 2019-03-15, there is no further action they can take.

On 2019-09-05, Wolfe sent me a letter, insisting that because CBSA claims there is no record of any contact with me, and becuase they claim no officers have any recollection of interacting with me, then I must not have done so. Wolfe said he is not going to request anyone from CBSA testify about that Letter from Wolfe to Fox.

Wolfe's refusal to request someone from CBSA testify about there being no record of me turning myself in on 2019-03-15 is very significant because if he believed it were true he would WANT someone from CBSA to testify about it! That would prove I am lying and can't be believed. Wolfe's refusal to have someone from CBSA testify proves he knew they were lying. And since he was going along with that lie, he too was lying.

Significantly, in Wolfe's letter to me, he said:

No records exist related to that date which record a claimed interaction or identify any Member Officer who supposedly interacted with you. It is clear there is no reasonable basis to notify a CBSA Member for court.

Letter from Wolfe to Fox

He did not say "CBSA claims no records exist...", he said "No records exist...". You might be thinking, "So what!" But remember, Wolfe is a lawyer. Specific wording is everything to a lawyer. Wolfe was not relaying what CBSA told him, he was making a statement of fact. He was insisting no records existed.

On 2019-09-06, I sent a letter to the Field Office Supervisor of the Douglas POE, requesting the identities of the officers I interacted with on 2019-03-15 Letter from Fox to CBSA Field Office Supervisor. I did not receive a response.

On 2019-09-08, I sent a letter to Pereira, requesting she inform me of on what basis she is insisting I am a Canadian citizen, and requesting her testimony at my trial Letter from Fox to Pereira.

Since she is the one who had told the RCMP there was no record of any contact with me on 2019-03-15, then she clearly had relevant information and it would clearly be in the prosecution's interest for her to testify to that. There is absolutely no reason she would not be able to take the witness stand and testify under oath that there is no record of any contact with me on that date. What's more, her office was only a few blocks from the courthouse.

I did not receive a response from Pereira, or from anyone else regarding my letter to Pereira.

On 2019-09-12, I submitted an ATIP request for all emails to and from Pereira, relating to myself ATIP request. On 2019-11-18, CBSA responded, refusing to confirm or deny the existence of the records ATIP response. They relied on section 16 of the Privacy Act to allow them to refuse to admit or deny the existence of the records. But guess what? There is no section 16 in the Privacy Act! Really, look for yourself: Privacy Act.

On 2019-10-18, I submitted an ATIP request for the identities of the officers I dealt with ATIP request. I did not receive a response.

On 2019-10-18, I also submitted an ATIP request for all log entries from CBSA's information system, which relate to searches of my name on 2019-03-15, between 4pm and 6pm, from the Douglas POE ATIP request. On 2019-11-28, CBSA responded "Nothing disclosed (exempted)", which means one or more matching records were found but are being withheld ATIP response. This was the first indication from CBSA that they must have had SOME contact with me at that place and time. There could not be any other reasonable explanation for why someone at the Douglas POE would do a search of my name at that exact time.

I also submitted an ATIP request [P-2019-19783] for all records from the Douglas POE, from 2019-03-15, between 4pm and 6pm, from all officers who were working at the west side counter ATIP request. On 2019-12-27, CBSA responded, falsely claiming the requested information had already been provided in three prior requests ATIP response.

However, the requests they claimed the information had already been provided in were as follows:

• P-2019-14979: All records from the Douglas POE, from 2019-03-15, relating to myself. CBSA had responded that the records didn't exist ATIP response.
• P-2019-19781: Log entries from CBSA's information management system, showing any queries of my name, from 2019-03-15. CBSA had responded, refusing to disclose the records ATIP response.
• P-2019-20439: All email messages to and from Alexander Lo, relating to myself. But as of 2019-12-27, CBSA hadn't yet provided a response to this request. They issued their response on 2020-01-13.

So as you can see, their response was total and complete bullshit!

On 2019-12-11, shortly after receiving the ATIP response showing that someone at the Douglas POE had searched my name at the exact time I insisted I turned myself in to them, we had another status conference TR 2019-12-11.

I showed the judge the ATIP response, arguing the fact that my name was searched proves that I must have had some interaction with CBSA at that time. The judge agreed with me.

Wolfe however, petty, vindictive, asshole that he is, tried to argue that it doesn't mean anything of the sort and that even if I did have some interaction with CBSA, so what, it has no relevance to the charges.

The judge couldn't believe that Wolfe would be so obtuse! At one point, there was the following exchange between Wolfe and the judge:

Wolfe: ...the allegation ... by Mr. Fox that he was either removed from Canada or denied entry into Canada or deported from Canada holds no water, and Crown's position is it's not relevant to any issue.

Judge: I'm struggling to understand that argument.

Wolfe: Yeah.

Judge: Yes.

TR 2019-12-11 p4l16-28

And then, later:

Judge: ... Well, this is just -- this has turned from the -- from the absurd to the -- to something worse than that.

TR 2019-12-11 p12l6-8

And then, a little later:

Judge: You know, this whole case has been a source of great annoyance to me, because it seems to me it would be so easy for somebody from Canada Border Services to come and just say they don't have any records of dealings with Mr. Fox, but nobody's able to say that, and in fact Brown lent some very -- muddies the waters by suggesting that yes, she actually spoke to somebody who suggested they did have dealings with Mr. Fox.

TR 2019-12-11 p12l32-43

On 2020-01-25, I received an email from IRCC, in response to an ATIP request I had submitted to them in October 2019, for all records relating to myself. Their response included my GCMS report. And the GCMS report included all of the notes and other information from the CBSA officer I dealt with on 2019-03-15 GCMS report!

Yes, I am saying official records of my interaction with CBSA on 2019-03-15, were in CBSA'a information system all along! And CBSA must have known about them because the GCMS is the first and most obvious place they would have looked in response to any requests about any dealings with me!

On 2020-01-28, I had a status conference in court TR 2020-01-28. I did not mention that I had received the GCMS report or that the GCMS report included the CBSA officer's notes from 2019-03-15.

I told the judge I am still pursuing evidence from CBSA and requested a further continuance. Wolfe became annoyed and expressed that he was anxious to move this case along. The judge agreed with Wolfe.

The following exchanges then occurred:

Fox: ...It is peculiar to me that, if Mr. Wolfe would like this matter to move forward, and if he believes that what I'm saying is not true, I don't understand why he couldn't just contact CBSA and say, "Look, can we please have this person testify, or at least get the identity" --

Judge: Well, I suggested that many times. It's easy to disprove your allegations.

Fox: ...Mr. Wolfe has had five months to simply make a single request to CBSA for the identity of those parties so they could be subpoenaed, but he hasn't.

TR 2020-01-28 p6l10-32

Fox: ...I'm just pointing out that Mr. Wolfe seems anxious for this to proceed. Mr. Wolfe, if what he's saying is true, if he sincerely believes his argument, he could easily have CBSA provide the identities of those people, so that he could subpoena them, so that they could come and testify that I'm lying.

TR 2020-01-28 p6l40-46

Fox: The thing is, I'm not asking Mr. Wolfe to get evidence in my favour.

Judge: Mm hmm.

Fox: I'm asking Mr. Wolfe to get evidence that he claims to believe would prove his case.

TR 2020-01-28 p9l27-31

In other words, if I was lying about turning myself in, and if Wolfe and CBSA were telling the truth about there being no record of it, then Wolfe would WANT somebody from CBSA to come and testify. It would completely destroy my credibility and my defense. There is absolutely NO chance that Wolfe would refuse to request someone from CBSA testify. The only reasonable explanation for his refusal is that he knows I'm telling the truth and CBSA is the one lying.

During these exchanges, Wolfe was visibly shaken and didn't know what to say or how to react. The miserable, lying bastard!

We adjourned to 2020-02-11, for another status conference.

On 2020-02-11, we had another status conference.

Without much introduction, Wolfe informed the judge that CBSA is now saying I DID turn myself in to them on 2019-03-15; that there ARE records of it; that they DO have the officer's notes from her interaction with me; and that they will allow the officer to testify. Let me just say: WHAT THE FUCK?!?!

I assume what happened was, after my comments at the 2020-01-28 appearance, Wolfe knew he was implicated in the conspiracy and he told CBSA he's not going down for this.

Now, in a proper system of justice, you would expect the judge to be livid and to throw the case out. Right? I mean, the government essentially just admitted they deliberately destroyed evidence and lied about the existence of official records for the past seven months, resulting in an innocent person spending nine months in jail. But no! Not in Canada! The judge just said "Okay, great, so we can proceed then." Again, I say: WHAT THE FUCK?!?!

On 2020-02-13, I submitted an ATIP request for the video monitoring logs from the Douglas POE, for any video footage relating to me from 2019-03-15 ATIP request.

The video monitoring logs are the logs of every time anyone has reviewed any of the overt video footage. CBSA's policy requires that any time anyone accessing or views any of the video footage, the information about who accessed it and why must be recorded in the video monitoring log CBSA Directives on the Overt Use of Audio-Video Monitoring and Recording Technology, paragraph 44, pages 7-8. For example, if someone from the RCMP went to the POE to review the footage before deciding whether or not to take a copy as evidence, that would be in the log.

I did not receive a response from CBSA.

On 2020-03-04, the trial continued with CBSA Border Services Officer (BSO) Meagan Polisak testifying TR 2020-03-04. Polisak was the officer I dealt with on 2019-03-15. In her testimony she told all manner of outrageous lies. We won't go into those here because they're not really relevant to this article (which is about CBSA lying to the court about there being no record I presented myself to them on 2019-03-15).

If you want more on Polisak's testimony, see the transcript page, which includes all of my delightful commentary.

On 2020-03-06, I testified in order to rebut the ridiculous nonsense Polisak had claimed TR 2020-03-06. There were some great moments during my testomony, like when Wolfe kept trying to provoke me, and when I admitted I was using these prosecutions as a means of obtaining proof of the corruption and bullshit going on in the justice system so I could publish it. But again, none of that is relevant to the subject of this article.

If you want more on my testimony, see the transcript page, which of course, includes all of my insightful commentary.

On 2020-03-06, the judge found me guilty Reasons for Judgment and subsequently sentenced me to 12 months in prison followed by 18 months of probationReasons for Sentence.

On 2020-04-01, I sent a letter to John Ossowski, the President of CBSA, informing him of the outrageous bullshit that went on in this case Letter from Fox to John Ossowski. I did not receive a response.

On 2020-06-17, I submitted a second ATIP request to CBSA for a copy of all of the video footage of me at the Douglas POE from 2019-03-15 ATIP request.

Just because the trial was over and I had been sentenced and my sentence was almost over doesn't mean I'm going to drop it. Ah, hell no! Sorry, that's not my style.

I did not receive a response from CBSA.

On 2020-07-02, I sent another stern letter to Shan-Marie Pereira, this time about her insistent claims that there were no records of me presenting myself to CBSA on 2019-03-15 Letter to Shan-Marie Pereira. By that point, it was unquestionably proven that I had presented myself; that Pereira must have known about the GCMS report; and that she had been lying. I asked her to inform me of why she would lie about that and who ordered her to lie about it.

I did not receive a response.

Indeed!

But I believe the answer to that question is actually quite simple. You see, in 2008, when ICE was trying to prove I was an illegal alien from Canada, they contacted CBSA and CBSA Intelligence Officer Steve Jacob provided them a sworn declaration stating that a person named Ricky Riess was born in Sudbury, Ontario on 1973-11-24, and that a Canadian passport was issued in the name Ricky Riess. He then "concluded", without doing any investigation, that I was that person Declaration of Steve Jacob.

Then, based on that declaration, I was prosecuted in the US for perjury 18 USC § 1621 (for testifying in the Immigration Court that I was a US citizen) and false claim of US citizenship 18 USC § 911, then later deported to Canada. At the time of my deportation, CBSA again refused to do anything to determine whether I was that person or I had assumed his identity and obtained the passport under false pretenses.

So, in 2013, CBSA allowed DHS to deport me to Canada, even though it hadn't been proven I was actually a Canadian citizen.

Then, in 2015, it was proven through a DNA maternity test that I'm not related to Ricky Riess's mother - and therefore, I'm very likely not Ricky Riess from Ontario.

So, CBSA (and IRCC) screwed up hugely by allowing me to be deported to Canada based on nothing more than ICE telling them I'm a Canadian citizen.

And so, they can't have one of their people on the witness stand, potentially being asked questions about that stuff while under oath. Instead of simply admitting they screwed up, and letting me go home (to the US), they'll tell more and more lies, sending me to prison and forcing me to stay in this hell-hole of a country.

For a more thorough discussion of why CBSA, IRCC, the BCPS, the RCMP, the BC Courts, and DHS would all insist so adamantly that I'm a Canadian citizen, see the article Why the Canadian Authorities Insist I Am a Canadian Citizen.

So there you have it. I turned myself in to CBSA to be removed/deported from Canada, because I had no legal immigration or citizenship status in Canada. And they actually did remove me (or, more technically, denied me readmission; but the end result is the same). There were records of it - which they knew about.

But CBSA lied to the court, for seven months, claiming there was no record of any contact with me. Even though that lie resulted in me being arrested and imprisoned for eight months. And, the only reason they stopped lying about it was because IRCC inadvertently gave me a copy of those records, proving CBSA was lying.

And even still, even after all that, I was STILL convicted and sentenced to 12 months in prison!

And that is what's considered fair "justice" in Canada!