Since some of the materials which describe the $cientology cult could be
considered to be copywritten materials, I have censored myself and The
Skeptic Tank by deleting any and all possible text files which describes
the cult's hidden mythologies. I have elected to quote just a bit of the
questionable text according to the "Fair Use" legal findings afforded to
those who report. - Fredric L. Rice, The Skeptic Tank, 09/Sep/95
From news.interserv.net!news.sprintlink.net!howland.reston.ans.net!agate!news.mindlink.net!vanbc.wimsey.com!io.org!nobody Wed Jul 12 09:51:09 1995
From: firstname.lastname@example.org (x)
Subject: Scientology in Toronto  [Repost]
Date: 12 Jul 1995 04:30:26 -0400
Organization: Internex Online (Data: 363-3783/Telnet: io.org)
SCIENTOLOGY HISTORY IN TORONTO, PART TEN
(The Trial, 1992)
[This is the last in the series]
As was seen in part 9, Ontario Court Judge James Southey ruled on
December 2nd, 1991 that the prosecution could not present any of the
documents seized from the church offices in 1983 as evidence, due to the
manner in which the search warrant was executed. Following on this
ruling, Scientology lawyers applied to extend this exclusion to all
evidence obtained by the Crown subsequent to this search and seizure,
characterized as "secondary" evidence. The _Canadian Charter of Rights
and Freedoms_ allows for the exclusion of evidence which is not
derivative or causally connected to "primary" evidence which was
collected unlawfully. For this reason, the term "secondary" evidence is
used as being more inclusive.
The Scientology claim was for the exclusion of:
"(1) the evidence of five former Scientologists who were discovered by
and gave statements to the Crown after the search and seizure.
Their names are Kathy Smith (formerly, in succession, Kathy
Wilkens and Kathy Gilbert), Emile Gilbert, Marion Evoy, Dianne
Fairfield, and Bryan Levman; and
(2) all evidence derived from the statements of those five persons
and of other former Scientologists interviewed after the search
and seizure, as, for example, the evidence of "target"
organizations whose documents are alleged to have been stolen by
Among the documents seized by police was a "suppressive persons
declare", dated February 16, 1983, issued by the International Chief
Justice and approved by the Church of Scientology International,
declaring eight persons to be suppressive, and expelling them from the
church. Among those were six people who had held high positions in the
church during the period when the alleged offences occured: Kathy
Gilbert, Emile Gilbert, Bryan Levman, Rosi Levman, Gary Jepson and Donna
Jepson. None of these people had been approached by police before the
search -- it was the S.P. declare that identified them to police as
potential sources of information.
Also included in the seized documents was an undated memorandum signed
by Bill O'Meara, a senior member of the guardian office, requesting
advice on criminal and civil actions which might be taken against Emile
Gilbert. Another document dated February 14th, 1983, contained advice
from a church attorney for action against Emile Gilbert, and remarks
that one proceeding would have the added benefit of "getting Gary Jepson
and Katie Gilbert".  Despite the fact that both these documents are
privileged solicitor-client communications, they were apparently used by
The seized "Combat Information" files revealed four additional
Scientology targets which were unknown at the time of the raid: The
Ontario Medical Association, the law firm of Goodman & Goodman, the
Royal Canadian Mounted Police, and the Metropolitan Toronto Police
The judge found that there was a causal connection between the primary
evidence and the secondary evidence, in that the seized documents
identified potential witnesses, and they were used by police to persuade
the witnesses to be forthcoming.
He then had to rule on the exclusion of the secondary evidence. Section
24(2) of the _Charter_ states:
"Where ... a court concludes that evidence was obtained in a manner
that infringed or denied any rights or freedoms guaranteed by this
Charter, the evidence shall be excluded if it is established that,
having regard to all the circumstances, the admission of it in the
proceedings would bring the administration of justice into
The breach of the defendant's _Charter_ rights was a serious one,
commented the judge, and the charges of theft or possession of stolen
property of a value under $200 were not serious. In this case, the
secondary evidence should be excluded, as to include it would bring the
administration of justice into disrepute.
On the other hand, the judge had to weigh the disrepute which would
arise from the exclusion of evidence. He commented:
"The most reprehensible aspect of the alleged conduct, in my opinion,
was the attempt to impair the effectiveness of the law enforcement
agencies that were targeted, namely the Ontario Provincial Police,
Metropolitan Toronto Police, Ministry of the Attorney General for the
Province of Ontario, and the Royal Canadian Mounted Police. This
aspect of the conduct of the accused is expressly dealt with in the
counts of breach of trust. These are very serious charges, in my
As to the trial of the more serious charges of breach of trust, I
dismiss the application because to exclude the secondary evidence in
the trial of those charges would, in my judgement, bring the
administration of justice into disrepute, in the eyes of the
reasonable man, dispassionate and fully apprised of the circumstances
of the case." 
So the application for exclusion was allowed in part, and dismissed in
part. There was a directed verdict of "not guilty" on the theft
Lawyers for Scientology objected, unsuccessfully, that too much time had
elapsed since the charges were first laid. They then challenged the
array of the jury panel, contending that it was unrepresentative because
the _Juries Act_ requires jurors to be Canadian Citizens. According to
Scientology lawyers, any permanent resident should be eligible. The
court ruled that citizenship was a reasonable requirement. Scientology
also made some other rather silly objections, based on occupational
categories and the use of a computer to select jurors. They accused the
Sheriff, who administers the jury, of "wilful misconduct", because he
used a computer. All of these objections were dismissed by the trial
On April 21, 1992, the prosecution and defense outlined their evidence.
James Stewart, acting for the Crown, told the jury that former
Scientologist Bryan Levman would be the prosecution's main witness.
Levman had become interested in Scientology as a 20-year-old student,
and rose quickly through the ranks to become Deputy Guardian for Canada.
Mr. Stewart also said he planned to call police officer Barbara Taylor,
to describe her undercover work within Scientology, and other former
Scientologists who had knowledge of the crimes.
Defence lawyer Clayton Ruby did not deny that crimes had been committed,
but he maintained that the wrong people were at trial. He used
organization charts to underline his assertions that "the Guardian's
Office could give orders to the Church of Scientology, Toronto, but the
Church of Scientology, Toronto, could never give an order to anyone in
the Guardian's Office".  Ruby said the prosecution witnesses could
not be believed, because they had all taken special training in how to
Bryan Levman testified for five days. After his promotion to the
position of Deputy Guardian Canada by Mary Sue Hubbard, Levman travelled
to England in 1973 for a briefing from Jane Kember, head of the Guardian
Office Worldwide. He testified that he was shown a secret policy
directive from L. Ron Hubbard outlining how members of the Guardian's
Office Worldwide should "deal with Scientology's enemies". These
techniques included "ripoffs", described as a "break and enter", and the
use of "agents" -- having Scientologists get a job within a targeted
organization. According to the policy, information was to be used to
get enemies of Scientology removed from their jobs. He was told to get
the information "any way you can".  "Jane Kember ... knew the
attorney general, the OPP and Metro Police were investigating us and she
wanted the files -- that was my mandate, to get those files."  He
said he was given a list of 12 agencies that he was expected to
infiltrate.  As the operation proceeded, the target list grew to
"probably a few dozen" agencies and individuals, he said.  Levman
testified that after every successful operation, the Guardian's Office
in England would be informed by telex through an elaborate code system.
Levman said no money was ever taken in the "ripoffs", only photocopies.
Former Scientologist intelligence bureau chief Dianne Fairfield told the
court that she had recruited three people -- "two plants and one agent"
-- to work in the Royal Canadian Mounted Police headquarters and Revenue
Canada taxation offices. The agent developed a cover, befriending
people in certain agencies and groups. The plants tried to get
secretarial or janitorial jobs in target organizations. 
Marion Envoy, formerly Canada's top official with Scientology, said
[Ron] Hubbard believed there was a world-wide conspiracy against his
church run by a band of former Nazis who had overtaken Interpol -- the
European-based International police organization. She said that Hubbard
ordered a world-wide spy operation, code-named "Snow White". Envoy said
that as part of her spy training she was put in a closet with a set of
lock picks and told to unlock the door. Defense council Ruby showed
Envoy a document he suggested was the basis for the Snow White program
and pointed out it specified using only legal means. She said it
appeared to be a version of the program intended for the legal
Former Scientology agent Kathy Smith testified about safe houses
referred to as "the garden", where secret information was amassed and
filed. She said she wrote a letter to Hubbard outlining all the illegal
activity she was involved in and received a note of congratulations
back, signed Ron. 
A number of witnesses testified about being planted in police offices
and stealing or memorizing information from confidential files. Many of
the witnesses said they had been on Hubbard's yacht, or in his place in
England or Florida during their years with the church.
The defence called Jane Kember as a witness. Mrs. Kember, then 55, said
that as Scientology's "Guardian", she authorized break-ins and "plants"
in governments and police forces "despite" orders from L. Ron Hubbard to
avoid illegal means of gathering information. She said the Guardian's
Office had no direct links with the Church of Scientology. She told the
jury her actions led to her spending two years in a U.S. federal prison.
Defence witness Caroline Taylor testified that during the period she
served as secretary to Ron Hubbard she screened mail to him, but saw no
letters alleging crimes were being committed by the Guardian's Office.
The defence called David Miscavige, the head of the Church of
Scientology. Miscavige said that when he first saw a document outlining
dirty tricks and harassment in a project called "Operation Freakout" in
1981, "I was shocked". He said that in July, 1981, when he and other
top officials investigated the dirty tricks, they discovered that
Scientologists in the Guardian's Office were committing crimes. The
Guardian's Office was set up in 1966 by L. Ron Hubbard to gather
information and deal with external matters, he said.
Miscavige said that although he lived for a time in the complex with
Mary Sue Hubbard and her staff, he knew nothing about their covert
activities. After learning about the crimes committed by the Guardian's
Office, Miscavige and colleagues decided they would have to bring it
under the control of the main church, he said. They devised a plan in
which trusted teams of Scientologists would fan out to various
Guardian's offices worldwide, poised to await word that Mary Sue Hubbard
had resigned as head of that branch.
Miscavige told the court that his mission was to get Hubbard's wife to
quit. When they confronted each other in a Los Angeles hotel room, Mary
Sue Hubbard called him "some pretty nasty names" and held a large
ashtray close to his face. But he persuaded her it was futile to hang
on to power.
The church tried unsuccessfully to reform the Guardian's Office and
finally disbanded it in 1983, he said. 
The trial continued for two months, until June 25th, 1992. In his
summation, Crown attorney J. Stewart told the jury that the Church of
Scientology was trying to hide behind its members, but that it must take
full responsibility for the spy activities of its agents. Mr. Stewart
said secrecy is "just a function of intelligence operations. It can't
be used as an argument that there was no authority to conduct" spy
The jury deliberated for a day and a half, and returned the verdicts noted
in part 4 of this series. On September 11th, 1992, the Church of
Scientology of Toronto was found guilty on two counts of breach of trust
of a public officer. Jaqueline Matz, Janice Wheeler and Donald Bryan
Whitmore were also found guilty of breach of trust. The church was
fined a total of $250,000 and the others were fined $2000 to $2500 per
Judge Southey said that he was satisfied the Guardian's Office was
"subject to the control of founder L. Ron Hubbard and his wife, Mary Sue
Hubbard". He noted that the Guardian's Office was only disbanded after
incriminating documents had been seized by the U.S. FBI, and he
described the large fine as required for general deterrence.
On September 14th, 1992, the Church of Scientology of Toronto announced
that it had filed suit against the Ontario Provincial Police and the
Attorney General of Ontario for illegal and unconstitutional search and
seizure, in connection with the March 1983 raid on its headquarters.
The church is seeking $18 million in compensatory damages and $1 million
in punitive damages.
1. "R. v. Church of Scientology of Toronto", Canadian Rights Reporter
(2d), vol. 9, p. 223.
2. Ibid., p. 226.
3. p. 230-231.
4. "R. v. Church of Scientology of Toronto", Canadian Criminal Cases
(3d), vol. 74, p. 341-353.
5. "R. v. Church of Scientology of Toronto et al.", Canadian Rights
Reporter (2d), vol. 9, p. 232.
6. "Ruby outlines case for Scientologists", Globe & Mail, April 22,
1992, p. A13.
7. "Church wanted files, trial told". Globe & Mail, April 23, 1992,
8. "Scientologists infiltrated RCMP, Ontario government, trial told",
Winnipeg Free Press, April 23, 1992, p. A9.
9. "Scientology trial hears of intrigue and 'plants'", Toronto Star,
May 16, 1992, p. A19.
10. "Scientology spies had many targets", Halifax Chronicle Herald,
May 2, 1992, p. D27.
11. "Scientologists planted moles in RCMP, trial told", Globe & Mail,
May 5, 1992, p. A15.
12. "Scientologist takes responsibility", Globe & Mail, May 28, 1992,
13. "Allegations outrageous, court told", Globe & Mail, 29 May 1992,
14. "Crimes outraged church trial told", Toronto Star, May 29, 1992,
15. "Organization hiding behind members, court told", Globe & Mail,
June 20, 1992, p. A17.
16. "Church of Scientology fined $250,000 for espionage", Globe & Mail,
Sept. 12, 1992, page 1.