Statements to police admissible in Windsor terrorism trial

Seth Bertrand seen outside the Windsor Superior Court of Justice in Windsor, Ont. on Oct. 1, 2024. (Chris Campbell/CTV News Windsor)

A Windsor judge has ruled that an accused statements to the Windsor police are admissible in an ongoing terrorism trial.

Seth Bertrand, 21, is charged with participating in a known terrorist organization by applying to join the Atomwaffen Division (AWD) in 2021.

In a recent ruling, Justice Maria Carroccia decided two statements to the RCMP by Bertrand would be admissible.

She also rejected two defence motions that Bertrand’s charter rights were breached in how he was arrested and his right to a lawyer of his choice.

‘Mr. Big’ Sting Operation

When the RCMP first launched its investigation into Bertrand, court learned they used a tactic known as a ‘Mr. Big’ sting operation.

It involves undercover officers posing as members of a fictious criminal organization.

Over the course of multiple meetings, they offer the accused employment in exchange for providing incriminating evidence.

In this case, undercover officer (UCO) Alex paid Bertrand to do odd jobs for him like moving boxes and promised to help Bertrand secure a passport.

At the time, Bertrand was facing mischief charges, and he knew it would be difficult to go on vacation in the U.S.

It was during one of those meeting with UCO Eric that Bertrand explained how he applied online to join the AWD.

“I tried to join them at one point,” Bertrand told UCO Eric.

“I really had contact with a few of their recruiters.”

Justice Carroccia ruled the use of a ‘Mr. Big’ was acceptable because the RCMP never asked Bertrand to commit serious criminal offences, and they never used intimation tactics to get Bertrand to talk.

Bertrand told the RCMP he used his school-issued tablet to send the email during school hours in the middle of the pandemic.

He also explained how he used his offences against a same-sex couple and the local transgender support office as examples of what he was willing to do for their “cause.”

RCMP videotaped statement

After his arrest by Windsor police, Bertrand was interviewed by another RCMP investigation at WPS headquarters.

In that 90-minute interview, Bertrand also admitted to filling out an email application to join the AWD.

Here is an excerpt of his exchange with RCMP Sergeant Shelley Shedewitz:

Shedewitz: Okay, so I know this is probably going to be very uncomfortable for you, but I have to ask you this, did you, back when you were speaking to the Atomwaffen Division, did you submit an application or did you submit information about your skills, your abilities, and your knowledge to the Atomwaffen Division when you were trying to join?

Bertrand: I have nothing to say on the advice of my lawyer.

Shedewitz: Okay, fair enough and your lawyer has given you some fantastic advice. Absolutely, and 100 per cent listen to the advice of your lawyer. So, the investigators have stated that you did submit an application.

Bertrand: Hm.

Shedewitz: So, if you’re saying that you don’t want a solicited, I’m wondering if you can provide me some contacts so I can tell them. Did you do it or didn’t you do it?

Bertrand: I did.

Shedewitz: Excuse me?

Bertrand: I did.

Shedewitz: Okay, so you submitted an application.

Bertrand: Because at that point in time, they weren’t really registered as a terrorist organization. It was still the newly beginning para-military group.

Shedewitz: Okay. So, your application, what did that look like? Was it a piece of paper that you filled out or…?

Bertrand: It was a little form. Just had my name and where I’ve been, what I’ve done, what organizations I’ve been with, what were my expertise. I’m very good with weapons.

Over the course of that same interview, Bertrand also indicated his actions in 2021 were a long time ago, that he was in a bad place, struggling with a breakup and his substance abuse.

Defence motions rejected

Defence lawyer Bobby Russon argued two charter breaches; against his right to the lawyer of his choosing and his right to know exactly what offence he was under arrest for.

Russon argued the officer who arrested Bertrand didn’t specifically indicate the charge was for the email to an alleged AWD recruiter more than a year earlier.

And he argued the interview with Sgt. Shedewitz should not have happened until Russon returned from vacation.

Justice Carroccia dismissed both. She ruled while it would have been “preferable” for the arresting officer to say it was the AWD email specifically, Justice Carroccia noted it was not necessary to clearly spell out the results of their investigation.

Justice Carroccia also ruled Russon failed to establish that Bertrand’s rights to a counsel of his choice were breached.

The judge noted police let Bertrand call Russon’s office and leave a message.

They also gave him access to duty counsel – an on-call lawyer for newly arrested suspects.

Finally, Sgt. Shedewitz asked Bertrand if he was satisfied with the legal advice, and he agreed to continue.

“This isn’t my first rodeo,” Bertrand told Sgt. Shedewitz.

Crown case closed

With both statements deemed admissible, the prosecutors closed their case against Bertrand.

Russon has indicated he does not expect to call evidence.

A date for the trial to resume will be scheduled on Jan. 10.