Scientology leaders named in warrants
Rick Haliechuk
Toronto Star
Police have obtained arrest warrants for several leaders of the Church
of Scientology in Toronto, The Star has learned.
An Ontario Provincial Police spokesman refused to comment but sources revealed that the church officials sought by police were "highly placed"
and faced criminal charges arising from a 1983 raid on the church's Yonge St. headquarters.
But police would not say when the warrants would be executed. Police seized a quarter of a million documents in the spectacular 1983 raid. At that time, more than 100 policemen stormed the building, armed with battering rams, axes, and diagrams of the locations of halls and offices.
The first disclosure that criminal charges had been laid against church members was made in the Supreme Court of Ontario yesterday afternoon by Casey Hill, the crown attorney who has assisted the police in their 21-month investigation.
Church lawyers were clearly surprised by Hill's revelation that a Justice of the Peace had signed arrest warrants and summonses yesterday morning.
"It's quite unprecedented," church lawyer Clayton Ruby told The Star last night. "I've never seen this kind of thing announced in court before."
Ruby would not say who was named in the arrest warrants or what charges were laid.
In court yesterday, OPP Detective-Sergeant Al Ciampini testified before Mr. Justice John Osler that he swore out an information - a document alleging a crime - and delivered it to Justice of the Peace William Turtle at the Toronto (Don) Jail on Dec. 1.
The date is significant because detention orders issued under the Criminal Code authorizing the police to hold on to the church documents were to have expired Dec. 2.
But with the beginning of those new criminal proceedings, the police are automatically allowed to continue to hold the documents.
Instead of signing warrants immediately, Turtle decided to hear the evidence of witnesses over three days of hearings and reserved judgement on whether to issue the warrants and summonses on Dec. 10, Ciampini testified.
Yesterday afternoon, Hill argued that since the warrants had not been executed, the information containing the charges could not be made public.
Ruby was given a copy of the informtion only with his assurance he wouldn't disclose its details to anyone, including the church, until the first warrant was executed.
Afterwards, none of the participants would disclose any details about the charges to reporters.
Ruby has previously told The Star that the 1983 search warrant stated the police were looking for evidence of fraudulent practices, breaking and entering and theft.
The disclosure of charges was just one of a series of bizarre events before Osler yesterday.
Hill revealed that he is suing the church, lawyer Morris Manning, who has acted for the church, CBC, CFTO, CTV, and the Globe and Mail for libel, and is seeking a total of $1.6 million in damages.
Then Hill revealed that, because of the lawsuit, he has asked not to be assigned to any potential prosecution of the church.
But Hill maintained he could continue to act for the crown on the church's motion to have the original search warrant quashed, and Osler agreed, rejecting Ruby's motion to have Hill disqualified.
The lawsuit gives Hill "a pecuniary interest in the continued wellbeing or lack of wellbeing of the Church of Scientology," Ruby argued yesterday.
Impartiality raised hile Hill may claim he would be impartial, the appearance of impartiality required of crown prosecutors is called into question, Ruby said.
Hill's actions were "outrageous" and without legal precedent, he charged.
Bonnie Wein, another crown counsel, argued that the church's motion to remove Hill was simply a tactic designed to let it choose its own prosecutor.
In rejecting the church's motion, Osler said the "dilemma" Hill found himself in was caused by the church's unsuccessful prosecution of Hill and another government lawyer on contempt of court charges.
There was no conflict of interest that would make it appear justice wouldn't be done, Osler ruled.
The parties return to court tomorrow to continue arguments on the detention order which, now that charges have been laid, is largely academic.
Rosie