CBSA's lies regarding the existence of records/evidence critical to my criminal defense [Patrick Fox; CBSA Field Office Supervisor]

On 2019-08-14 Constable Kirsty Brown of the Burnaby RCMP sent an email to Shan-Marie Pereira of CBSA, stating in relevant part:

One last request … can you confirm that CBSA has no documented records or reports detailing any interaction with Fox/Riess on March 15 (in person, by phone anything)?

Pereira did not respond to that request. So then, on 2019-08-20, Constable Brown sent Pereira another email, stating in relevant part:

Are there any records relating to any CBSA interaction with Patrick Henry FOX (aka Richard/Ricky RIESS also spelled REISS) 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.

Then, on 2019-08-21 Pereira responded, by email, stating:

CBSA does not have any record of dealing with Mr. Fox on March 15/19. Furthermore, Mr. Fox could not be deported to the USA or denied entry to Canada due to he is a Canadian Citizen.

In Constable Brown's supplemental report to Crown Counsel, dated 2019-08-23, she stated:

Given that no official information or records from CBSA relating to Fox existed from March 15, 2019 … and no CBSA officers could be located with respect to an interaction with Fox from March 15, 2019 at or near the CBSA building, police cannot provide information to Crown to assist in regards to this matter.

Constable Brown later goes on to say:

Officer Pereira and Constable Brown spoke by telephone on August 21, 2019, regarding the email request, at which time Officer Pereira confirmed that were [sic] no CBSA records relating to Patrick Henry Fox from March 15, 2019, and had there been any she would have advised Burnaby RCMP during their initial contact.

On 2019-08-16, I submitted an ATIP request, as follows:

All records pertaining to myself, Patrick Henry Fox (aka Richard Riess) – DOB: 1973-11-24 – Client ID: 6002-8504, from persons employed at the Peace Arch border crossing in Surrey, BC on 2019-03-15...

...What I am looking for now is any record or information which would tend to confirm that I did present myself to, and interact with CBSA officers at Peace Arch on March 15, 2019.

On 2019-10-17, I received a response from Jamie Hoffman in the ATIP Section in Ottawa, stating only:

Does not exist.

I immediately (on 2019-10-17) sent the ATIP Section a letter asking them to confirm and clarify their response. They did not respond.

On 2019-10-18 I submitted another request to the ATIP Section, as follows:

All records originating on March 15, 2019 between 4:00pm and 6:00pm, by all persons who were stationed at, or working at, the west side counter of the secondary inspection area at the Douglas border crossing on March 15, 2019 between 4:00pm and 6:00pm, whether or not those records pertain to me.

On 2020-01-06 I received a response from Melissa Genier in the ATIP Section, falsely stating the requested records had already been provided under three previous requests. The requested records and information were not provided. I forwarded the matter to the Privacy Commissioner.

On 2019-10-18 I also submitted the following ATIP request:

The names or identifying information (e.g. badge numbers, employee numbers) of all CBSA officers who were stationed, posted, or working at the west side counter of the secondary inspection area at the Douglas border crossing in Surrey, BC, on March 15, 2019 between 4:00pm and 5:30pm.

I did not receive a response. I forwarded the matter to the Privacy Commissioner.

On 2019-09-06 I sent a letter to the Field Office Supervisor of the Douglas border crossing, requesting the names or other identifying information of the CBSA officers who were working at the west side counter of the secondary inspection area between 5:00pm and 5:30pm on March 15, 2019, for the purpose of seeking their testimony in my trial. I did not receive a response.

On 2019-10-10 I sent a second letter to the Field Office Supervisor of the Douglas border crossing, again requesting the identities of the officers who were working at the west side counter on March 15, 2019 between 4:30pm and 5:30pm, for the purpose of seeking their testimony at my trial. Again, I received no response.

Through all of this, Crown Counsel, Bernie Wolfe, has argued that the fact that CBSA has absolutely no record of me presenting myself to them at the Douglas border crossing on 2019-03-15 is compelling evidence that I did NOT present myself and I simply left Canada voluntarily, thereby violating my probation conditions. Wolfe also consistently argued in favor of proceeding with the trial immediately, rather than adjourning to allow me time to try to obtain the identity of the CBSA officer I presented myself to on 2019-03-15.

On 2020-01-28, after five months of CBSA refusing to disclose the name of the officer I interacted with on 2019-03-15 and insisting there are absolutely no records of me presenting myself to any officers at the Douglas border crossing on 2019-03-15, I pointed out in open court, in front of all the other lawyers, prosecutors, and the judge, that the fact that Wolfe has not even so much as asked CBSA for the names of the officers working at the secondary inspection counter when I claim I presented myself only proves that he doesn't actually believe what he's been claiming and arguing in court for the past five months. After all, if what he were saying were true then he would WANT the CBSA officer to testify that I did not present myself at that ate and time, so he could 1) prove I've been lying; and 2) put that disputed issue behind us and move forward with the trial.

And then, at the next status conference on 2020-02-11, Wolfe suddenly, out of the blue, announces in open court, that CBSA has recently informed him that I DID present myself to an officer at the Douglas border crossing on 2019-03-15; CBSA provided Wolfe the officer's name (Meagan Polisak), and Polisak's notes from the interaction. What an amazing coincidence that immediately after I publicly point out Wolfe's inaction essentially proves he's lying and he knows I'm innocent – which would put the liability on Wolfe – then suddenly Wolfe admits CBSA has been lying all along.

I believe Wolfe has known about Polisak and her notes all along.

On 2020-01-25, I received a copy of my GCMS record – from other sources, NOT from Crown Counsel or CBSA - and, as I'm sure you're well aware, it contains multiple entries from Polisak dated 2019-03-15, including her notes regarding her interaction with me!!! As you know, the GCMS is the primary, centralized computer information system used by CBSA. If you search my name in the GCMS that same information comes up. It is accessible to ALL CBSA officers, including Pereria, the Field Office Supervisor at the Douglas border crossing, and everyone at the ATIP Section – all the people who, for the past five months had been insisted there is absolutely no record of me presenting myself on 2019-03-15! We're not talking about an officer's hand written notes on a scrap of paper, which might have fallen into a drawer and been overlooked; we're talking about the first place every CBSA employee would look in response to my multitude of requests.

So how is it possible that completely unrelated employees of CBSA, at at least three different locations (the Douglas border crossing; the Vancouver office; the ATIP Section in Ottawa), literally thousands of miles apart, could ALL uphold the same lie? And it WAS a lie!!! The record and information they were all insisting didn't exist was right there in my GCMS record – the very first place they would have looked!!!

Obviously, the only way this could happen is if someone higher up within CBSA ordered them all to go along with the lie.