Shan-Marie,
The Breach of Probation trial from Mr. Fox has been adjourned until October 8/10, 2019.
I have now received a request from Vancouver Crown Counsel specifically asking for information to be supplied by CBSA, to address the following:
1) Are there any records relating to any CBSA interaction with Patrick Henry FOX (aka Richard/Ricky RIESS also spelled REISS) on March 15, 2019? This includes any deportation from Canada, any escort to the USA border, or any denial of entry to Canada on March 15, 2019. ***In person or by telephone***.
If any CBSA records from that date exist, please advise. If no such records exist, please advise.
2) Crown has indicated that this request might result in you being subpoenaed to court to testify in this matter, and that if that were to occur it would not be as a Crown witness (i.e. as a defence witness).
I will be forwarding a supplemental report to Crown detailing our previous contact with you/CBSA for the purposes of our breach investigation, which will include:
-March 19, 2019 VPD Det. Fontana contacts CBSA to advise Fox is in the U.S. as of March 15th and to request he be "Flagged" with CBSA in case he returns to Canada. ***No indication that CBSA had any documented interaction with Fox in relation to this request for police assistance***;
-March 21, 2019/Burnaby RCMP HROU initial call with you regarding Fox being in the U.S. & receiving Christopher Shields contact information from you for our follow-up (breach investigation relating to leaving BC and being within 100 m of U.S.A. border now being investigated by Burnaby RCMP), and you providing generic details regarding the process of U.S. removals to Canada & CBSA involvement should that occur;
-May 7, 2019/email to you from Burnaby RCMP HROU Cst. Hawkins requesting CBSA CCTV Peace Arch crossing footage from March 15th (no response),
-July 31, 2019/my email to you (Burnaby RCMP HROU Cst. Brown), a second request for CCTV footage from March 15th, resulting in the call from your partner Chad Brown who confirmed the CCTV request was not completed in May & a subsequent email reply confirming footage now only went back to April 4th (so March 15th not available),
-August 7, 2019/my email to you requesting CCTV from April 4th (per Crown's request) and your response confirming it now was no longer available,
-August 14, 2019/email response from you and Harvey Gill clarifying the context of his involvement with Fox (none on March 15th/secondary officer & processed Fox as traveller returning from U.S. on April 4th i.e. when US CBP returned Fox to Canada).
Crown had already received the a/n information with respect to police contact with CBSA, except for the update from Harvey Gill, so most of this will be a repeat. I will also be including any response you provide relating to any CBSA records relating to Fox specific to any interaction which may have occurred on March 15, 2019.
Please call me if you have any questions or concerns.
Kirsty
Burnaby RCMP HROU
Cst. Kirsty Brown
High Risk Offender Unit
Burnaby RCMP / Government of Canada
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Gend. Kirsty Brown
Groupe des contrevenants à risque élevé
GRC de Burnaby / Gouvernment du Canada
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