A-Infos (sup) Canadian Secret Police Raid Anarchist Activist's Home for U.S. Authorities

[David <otter@tao.ca>]

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Political police continue harassment campaign against Animal Liberation Front
spokesperson

By David Barbarash
North American A.L.F. Press Office
Aug. 18, 2002

On Tuesday July 30, 9 members of the RCMP, Canada's national police agency,
led by Cpl. Derrick Ross of the Integrated National Security Enforcement Team
(see sidebar article, "Insidious INSET" below), executed a Search Warrant and
raided my home and office in Courtenay, British Columbia. The search and
seizure was carried out on behalf of law enforcement from two counties in the
State of Maine, under the auspices of the Mutual Legal Assistance in Criminal
Matters Treaty.

Although no one was home at the time, and access to the house could easily
have been gained by breaking a window or picking a lock (the latter of which
they would normally do to install electronic eavesdropping devices), the RCMP
felt it somehow necessary to kick in the door. The wood was shattered, the
window was cracked, and the doorframe and wall were damaged, all of which made
the door completely unusable. When the police completed their search at 6:30
pm, ten and a half hours after they began, they screwed in a sheet of
chipboard over the doorway, leaving behind ransacked rooms, scattered files
and garbage, and probably a few more bugs in the walls and ceilings.

Seized from my home were both my computers, dozens of computer disks, hundreds
of videos, miscellaneous photos, files, and papers, four U.S. postal mail
bags, plus documents and files seized (and later returned) from previous RCMP
raids.

One might reasonably suspect that there was some recent ALF action of immense
and costly proportions in which I was suspected of having some involvement to
warrant such a cross-border raid, but in fact the incidents Kennebec and
Sagadahoc County Sheriffs are investigating took place three years ago in the
summer of 1999, and the damages from the relatively minor actions total no
more than $8700.

>From May through Sept. 1999 the Animal Liberation Front took credit for four
actions against hunting clubs and one action against a Food and Drug
Administration building in Maine. The actions essentially boil down to break
and enter, spray painted walls, broken windows and doors, and stolen stuffed
animal heads, which were returned to their natural environment to rest in
peace according to the Communique received by the Press Office.

Chronology

In July 1999 I took over the ALF Press Office and became the North American
spokesperson. The actions in Maine were some of the first I worked on in my
new role, giving interviews to Maine media outlets in Sept. 1999.

Four months later on Jan. 23, 2000 Kennebec County Sheriff Everett Flannery
made a request for a search to be conducted against my home. On Oct. 11, 2000
and on May 14, 2001 supplemental requests for a search were made by U.S.
authorities to the Canadian Minister of Justice.

Almost one year later, on May 07, 2002, the Canadian Justice Minister approved
the request, and two and a half months after that on June 25 RCMP Cpl. Derrick
Ross swore out an Information to Obtain a Search Warrant which was approved
and signed by Associate Chief Justice Patrick Dohm of the BC Supreme Court.

(Dohm was recently in the news regarding another search warrant he signed
against a former Premier of British Columbia. In that instance, RCMP officers
traveled to California where Dohm was vacationing at the time to obtain his
signature for the warrant, apparently wanting to ensure they got the warrant
signed. Dohm is known for being extremely conservative; perhaps another
Justice might have refused their request.)

(Perhaps not-so-coincidentally, Dohm was also the Justice who authorized
wiretaps to be placed in my home and vehicle back in 1996 in regard to an RCMP
investigation of mail bombs sent to fascists and razor-blade letters sent to
hunters. Charges of sending razor-blade letters to BC guide outfitters were
laid in 1998 but dropped in 2000 for lack of evidence and because the RCMP did
not want to disclose critical information as ordered to by a judge.)

On July 30, 2002 the Search Warrant was executed by four INSET members and
five Vancouver Island based RCMP members.

It must be noted that I am neither charged nor under investigation for any
actions or crimes in either country.

"I have no real interest in Barbarash at all," said Sheriff Flannery. (Comox
Valley Record, Aug. 09, 2002)

Information to Obtain

To secure a Search Warrant an officer must swear out an Information to Obtain,
upon which a judge will make the determination if he/she will authorize a
search and seizure. The Information will spell out the crimes being
investigated, the connection the person to be searched has to the
investigation, the list of items to be searched and seized, and all supporting
documentation.

Usually there must be fairly strong evidence to suggest the person to be
searched is connected in some way with the actual crime, and there must be
strong supporting documents and/or affidavits included, as the Information to
Obtain is the only report the judge looks at to make a decision. In this
situation there is only one document connecting me to the events in Maine: a
single newspaper article published by Blethen Maine Newspapers on Oct. 05,
1999 after I gave an interview to reporter Dennis Hoey.

That's all there is - one newspaper article, which quotes me as saying
basically the same things I've said hundreds of times in the past three years
in my role as ALF spokesperson. This was apparently enough to get an
authorization for a search warrant.

The Grounds for Belief in the Information to Obtain as presented by Cpl. Ross
consist of twelve paragraphs: eight lay out the minor offences being
investigated, two deal with my current address and phone numbers, and two read
as follows:

"In Sept. 1999, Dennis Hoey of the Blethen Newspapers in Brunswick, Maine
wrote a newspaper article about the attacks. Attached hereto and marked as
Exhibit "B" is a copy of Mr. Hoey's article. In that article, Mr. Hoey writes
that David Barbarash relies on Animal Liberation Front anonymous letters and
videotapes to publicize the groups activities.

"Furthermore, Mr. Hoey advised Detective Sergeant Turcotte that David
Barbarash had sent a press release claiming that Barbarash had received some
form of communication from the Animal Liberation Front activists in Maine
relating to the criminal activities that they had committed at the Rod & Gun
Clubs in Maine."

My role as spokesperson means that I will usually receive some form of
communication from ALF activists following an action or raid where a claim of
responsibility is made, which is what happened with these Maine incidents. I
then draft a press release, which would include the Communique, and send it
out to local media where the action took place. I am then available for media
interviews to discuss the tactics and philosophy of the ALF, and the animal
abuse being highlighted in the action. And that's it, end of story.

The newspaper article submitted as Exhibit "B" states, in part:

"David Barbarash, North American spokesman (sic) for the animal rights
organization, said Monday that acts of vandalism should be expected for groups
that harm or torture animals.

"'I think they will continue their activities, but not necessarily against
sportsmen's clubs,' said Barbarash, who lives in Vancouver, B.C. 'Sportsmen's
clubs are just one target of many.'

"Barbarash, who says he never communicates directly with activists, relies on
their anonymous letters and videotapes to publicize the groups activities.

"Barbarash said the Maine activists told him they stole stuffed animals from
one of the clubs so they could be 'returned to their natural environment to
rest in peace.'

"The group targeted the sportsmen's clubs because - as Barbarash said the
group told him in its recent communique - 'they are hangouts for killers and
must be destroyed.'"

It is an outrage that the type of invasion and harassment which I've been
subjected to can take place against a spokesperson, the messenger, who has
nothing at all to do with any illegal direct actions in the role as media
liaison. I am neither aware of any action prior to its occurrence, nor am I
aware of the identities of any ALF activist. The type of communication I
receive from activists is anonymous and one-way.

It is even more of an outrage that the actions warranting this type of
harassment are nothing more than minor property destruction offences, and it
is pouring salt deeper into the wound to discover that a solitary newspaper
article can stand alone as the sole supporting document giving a judge enough
of a basis to issue a search warrant.

Indeed, the apparent crimes in Maine are of a political nature and are more
appropriately classified as economic sabotage, a political strategy used by
social justice activists for centuries. In this era of "smoking out the
terrorists," economic sabotage, or non-violent property damage done for
political reasons, is now egregiously labeled "terrorism."

B.C. Civil Liberties Association spokesperson Murray Mollard commented, "It
raises the question what is terrorism? This would not be the kind of action we
consider terrorism. (The raid) appears to be using a criminal matter to permit
the United States to come into Canada. It's an expansion of authority on what
is essentially a criminal issue." (Comox Valley Echo, Aug. 09,2002)

Search Warrant

The Search Warrant called for a shopping list of items to be seized,
including:
- photos, negatives, videos, and cameras
- computers, computer disks, software and hardware
- paper files, address books, phone records, lists of names of ALF activists
- maps of past or future ALF targets and ALF members' residences
- records of disposition of funds between myself and ALF activists

The key to this list is that all items to be seized must be related to
"activities or members of the Animal Liberation Front in the State of Maine."
How then, one might ask, are the following seized items related to the
investigation or covered by the Warrant:
- notes from the kitchen table with instructions to friends on feeding our
cats and watering our garden while away on vacation
- an address book belonging to my housemate
- U.S. postal mail bags (received as "M Bag" mail)
- A.L.F. 2001 Direct Action Report, a publicly available document
- numerous videotapes of publicly available documentaries regarding animal
rights, environmental, and social justice issues
- videos, documents, and computer files seized by the RCMP in a previous raid
in 1997 and later returned after the conclusion of the previous campaign of
harassment
- a report I produced for my lawyer in 2000 documenting a covert RCMP/NSIS
(National Security Investigation Section) undercover operation used against me
from 1995 - 1997 (an operation documented by personal notes and videos, and
RCMP documents and reports, which attempted to set me up to burn down a
building)

In a Briefing Note filed by INSET member Sgt. Frank Martino on July 31, 2002,
he lists upfront some of the items seized, seemingly indifferent to their
apparent disassociation from the criteria listed in the Search Warrant. In
fact, the only item that might have any connection are phone bills from 1999
showing calls made to Maine. Now the RCMP have an extensive collection of fax
and phone numbers for Maine media outlets!

In addition to stealing items they didn't even have the authority to take by
their own rules, a callous and ruthless attitude was evident in the wake of
the raid. Aside from the unnecessary smashing of my front door, several rooms
were literally upturned. Files and garbage were strewn about my office and
personal letters were removed from files and placed open around the room. Our
friends were questioned, threatened, and harassed when they arrived to feed
the cats, and our indoor cats were let outside to fend for themselves.

The day following the raid the RCMP released my name and address to the media
even though I had not been charged with any crime, contrary to their own
policy. They did this knowing I had previously filed a complaint when I
received implied death threats (bullets left on my car) and verbal attacks and
threats from hunters in the Fall of 2000 after hunters invaded an animal
rights video night I was hosting in Courtenay. One of my biggest fears then,
and now, and which I made very clear in my complaint, was that these hunters
would discover my home address. It seems the RCMP are not concerned with
threats of violence against people they don't like, and are apparently willing
to help facilitate such violence.

There is little doubt in my mind that the real reasons behind this raid have
very little to do with minor actions in Maine three years ago. The RCMP, now
with the overt complicity of U.S. law enforcement, are continuing their
campaign of harassment against the ALF's most vocal and visible supporter.

The police know that I don't have any information to help identify ALF
activists; this is nothing more than a case of shooting the messenger.
Although the bullets being used are in the form of search and seizures, the
real damage is in the form of attempting to disrupt my life and my work, and
attempting to increase the stress in my life.

B.C. Supreme Court Hearing

On Sept. 24 a hearing will take place in B.C. Supreme Court in Vancouver to
discuss the Warrant and its execution. As well, an order will be sought by
U.S. authorities to send the seized items to Maine. Through my lawyer I will
be fighting back, and I will be seeking an order to quash the Warrant based on
flimsy and non-existent grounds for conducting the search, and also, an order
will be sought for the return of all my property.

In addition, I'll be making a formal complaint to the RCMP Public Complaints
Commission concerning the raid and its execution, the needless and
inappropriate damage to my residence, the seizure of items not listed in the
Warrant, the harassment of my friends, the release of my cats into the
outdoors, and the release of my name and address to the media.

In the meanwhile, the ALF Press Office is seeking monetary donations to help
cover our legal expenses, and to help cover the cost of replacing computers
and software.

Donations and requests for more information can be sent to P.O. Box 3673,
Courtenay, BC V9N 7P1 Canada, or write us at naalfpo@tao.ca or call
250-703-6312.

On a final note, there is one thing that we must be clear on. This raid was
not about animal rights issues or actions, this raid was about how we all have
lost a large chunk of basic civil liberties and human rights. It's about how
we really do live under the rule of a police state where it's no longer
allowable to speak your mind or express beliefs which oppose oppression, and
which challenge the corporate/military governments. To do so risks police
raids, possible arrest and lengthy jail terms.

For many of us, we've understood and watched the erosion of our freedoms for
many years, and we've become very alarmed at how this deterioration has
increased drastically since Sept. 11, 2001. And yet, still it takes a major
police action, like this latest raid, for the concept to really sink in. Our
"western civilization" is nothing more than a glorified prison.

This is it. The time is now. This is our life, and how events unfold in our
lifetime will be the difference between a life of freedom for all or a life
lived under the boot of fascism. The police state is here; do we live, and
fight, on our feet? Or do we die on our knees? Drastic words, perhaps, but
what kind of world do we really want to live in?

SIDEBAR: Insidious INSET

By David Barbarash

The RCMP used a post-Sept. 11 newly formed anti-terrorist team to raid the
home of Animal Liberation Front spokesperson David Barbarash on July 30, 2002.
Formed in June, less than two months before the raid, four multi-agency
Integrated National Security Enforcement Teams (INSETs) will use the premise
of "national security" to invade people's homes and attempt to disrupt lives
even when no crimes have been committed.

>From an RCMP Press Release issued June 18, 2002:

"(INSET) will help ensure early detection and prevention of any potential
threats to national security. The importance of greater integration of
resources and intelligence has been heightened by the reality of terrorism
since the tragic events of September 11th, 2001.

"Through shared federal, provincial and municipal resources - the INSET
members will be better able to track and put a stop to the criminal activities
(major or minor offences) of terrorist groups or individuals who pose a threat
to Canada's national security. This type of increased capacity will enable
INSET members to work with their partners nationally and internationally
towards the common goal of detection and disruption of potential terrorist
threats.

"The Integrated National Security Enforcement Teams (INSETs) will apply
Canada's laws, acts and regulations, and the new anti-terrorist legislation to
assist in the early detection and disruption of any actual or intended
terrorist acts. This integrated approach between intelligence and enforcement
groups at the early stages of criminal activity has proven to be a highly
effective model for successful prosecution."

INSET has field offices in Vancouver, Toronto, Montreal, and Ottawa, and
integrates law enforcement officers from the RCMP, provincial police in
Ontario and Quebec, and major metropolitan police forces. It will share
information with CSIS (Canadian Security and Intelligence Service),
immigration officials, and international police forces.

RCMP Superintendent Wayne Pilgrim says the new agency is also ready to use new
counter-terrorist laws, including the power to make preventive arrests to stop
terrorists from carrying out attacks.

"We basically operate on the premise of prevention, and that's either through
prosecution or disruption.... whatever means are provided to us within the
legal framework that we can operate," he said. (CBC, June 20,2002)


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