The attached Statement of Claim issued today addresses the dangers to Canada of destroying the reputation of the Witness Protection Program. “As a result of Project Forseti, and Noel Harder is Project Forseti”, said Tony Merchant, “over one hundred charges were laid, over 200 illegal firearms were confiscated and $8 Million in illegal drugs was seized. These drugs included fentanyl, methamphetamine, cocaine, counterfeit OxyContin, hashish, and heroin. Harder was and continues to be a key witness for many trials conducted with the investigations. The cost of Project Forseti was estimated by one Crown official to be over $50 Million.” “Atrociously, after befitting the safety of Canadians by placing himself and his family at the greatest risk, when Mr. Harder complained that he was endangered by RCMP promises being broken, the reaction of Canada’s Witness Protection Program was to threaten that he would be removed from Witness Protection’, said Tony Merchant. “Canada's Witness Protection Program is an important part of addressing what we call organized crime”, said E.F. Anthony Merchant. “Mr. Harder and his endangered family are only some of those who have found government dishonesty has devastating consequences for their lives.” Note particularly paragraphs 8, 20, 49, 65, 66, 79, and 89 of the Claim. “The purpose of Witness Protection, just as Canadians imagine it from television, is to obtain evidence that cannot be obtained without individuals putting themselves in danger. As the Witness Protection personnel destroy the reputation of Witness Protection through saving minuscule amounts of money while endangering lives, this sends a message to Canadians: Do not trust the promises made to you. Put no faith in your safety once your testimony has. put you in jeopardy. Witness Protection is not reliable”, Tony Merchant said. Merchant Law Group LLP has ten offices across Canada, from Quebec to British Columbia. Merchant Law Group and E.F. Anthony Merchant, Q.C. are well known for involvement in mass tort and class action cases in Canada. E.F. Anthony Merchant QC. is a former member of the Saskatchewan Legislature. Tony Merchant and Merchant Law Group LLP have a 40 year history of working with and for indigenous peoples and addressing historic injustices. For media seeking actuality or comment, call Tony Merchant, Q.C. at 1-306-539-7777 For French media inquiries, please contact our Montréal office at 1-514-248-7777, -30-COURT FILE NUMBER " 84 COURT OF QUEEN'S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE REGINA NOEL HARDER, ROBBIN FOGA and KAREN PLAINTIFF(S) FOGA in her own capacity and as the representatives for the infants Tia and Treyden DEFENDANT ATTORNEY GENERAL OF CANADA NOTICE TO CROWN 41 The plaintiff may enter judgment in accordance with this Statement of Claim or the judgment that may be granted pursuant to The Queen's Bench Rules unless, in accordance with paragraph 2, you (2) serve a Statement of Defence on the plaintiff; and (b) file @ copy of it in the office of the local registrar of the Court for the judicial centre named above, 2 The Statement of Defence must be served and filed within the following period of days after you are served with the Statement of Claim (excluding the day of service): (2) 20 days if you were served in Saskatchewan; (b) 30 days if you were served elsewhere in Canada or in the United States of America: (0) 40 days if you were served outside Canada and the United States of America 3 In many cases a Crown may have the trial of the action held at a judicial centre other than the one at which the Statement of Claim is issued, Every defendant should consult a lawyer as to his or her rights. 4 This Statement of Claim is to be served within 6 months from the date on which itis issued 5 This Statement of Ciaim is issued at the above-named judicial centre on the ale, of March, 2018. B.LEZON Ores DY. LOCAL REGISTRAR: VY Local RegistrarSTATEMENT OF CLAIM THE PARTIES 1. The Plaintiff, Noel Harder,("Harder’) is normally a resident of Saskatoon, Saskatchewan. 2. The Plaintiff, Robbin Foga (‘Foga") is normally a resident of Saskatoon, Saskatchewan. Foga is married to Harder. Harder and Foga have two children, Tia and Treyden 3. The Plaintif, Karen Foga, (“KF”) is a resident of Saskatoon, Saskatchewan, the grandmother of Tia and Treyden, and also acts in a representative capacity for Harder and Foga's children, Tia and Treyden. 4, The Defendant, the Attorney General of Canada iss the representative of the Government of Canada (‘the Crown"). Under Section 3 of the Crown Liability and Proceedings Act (R.S.C., 1985, c. C-50) the Crown is liable for any tort or breach of duty attaching to the possession or control of property committed by a servant of the Crown, Members of the Royal Canadian Mounted Police (‘RCMP’) are servants of the Crown, and as such, the Crown is liable for their tortious, wrongful, and malicious acts as well as breach of duty attaching to the possession or control of property. 5. The RCMP is responsible for the Federal Witness Protection Program ('WPP") in Canada pursuant to the Witness Protection Program Act, (S.C. 1996 c. 15) and the Crown is vicariously liable for the actions of the many RCMP officers who made commitments and promises to Harder and Foga in exchange for the services and help of Harder and in compensation for the risk to the Plaintiffs.THE PLAINTIFFS CIRCUMSTANCES 6. Harder and Foga owned an acreage with a large house and a cabin. They had possessions in both homes and numerous vehicles. Harder owned two businesses. He also was a member of the Fallen Saints Motorcycle Club. 7. Harder knew some of the police. The RCMP suggested that he provide evidence against members of criminal organizations including but not limited to the Fallen Saints Motorcycle Club and the Hells Angels Motorcycle Club, who were selling illegal drugs and weapons. Harder ultimately agreed with the Crown to participate in providing evidence on the understanding that he be put into WPP. The undercover operation was titled “Project Forseti,” named after the Norse God for Justice. 8. Over the course of many months in 2014, Harder obtained information and provided undercover intelligence on the criminal operations of many people within organized crime in the Saskatoon area. 9. As a result of Project Forseti, over one hundred charges were laid, over 200 illegal firearms were confiscated and $8 Million in illegal drugs was seized These drugs included fentanyl, methamphetamine, cocaine, counterfeit OxyContin, hashish, and heroin. Harder was and continues to be a key witness for many trials conducted with the investigations. The cost of Project Forseti was estimated by one Crown official to be over $50 Million. 10.Prior to agreeing to participate in this endeavour, Harder and members of the RCMP engaged in discussions as to what would be done for him and his family if he were to participate. His concern was for his and his family's safety. The RCMP promised that in exchange for his information and his testimony that he was not to worry about anything, and that he should focus ‘on building the Project Forseti case.11.By agreement with the Crown's representatives, Harder was to be protected from loss and directly and indirectly compensated by the RCMP for his work and the risk to him and his family 12.An issue developed about money alleged to be owing by Harder to Canada Revenue Agency ("CRA") and the potential liability for that CRA debt by another person. Harder was told by the RCMP that his focus was to be on the investigation during the undercover period, which lead to the many arrests as a part of Project Forseti. He was not to modify his actions to create suspicions in the people he was attempting to include in Project Forseti. This meant he was not able to protect and preserve his property and pursue legal avenues that were needed to be pressed during this period. Harder followed the RCMP’s instructions, He did not devote the normal time to his CRA debt or to his businesses and thereby lost income as a result. He sometimes spent six or seven days per week working on the investigation. The Crown's representatives assured Harder that he would be financially compensated for these losses. 13.Harder was assured that his and his family's safety and needs were to be protected during the course of his work in and testifying for Project Forseti and when it was over. Harder was assured they would not be left “high and dry” 14.Foga was involved in the discussions with the Crown's representatives. She had the possibility of staying on the acreage and continuing on with her life and the children’s lives. She also was assured that the family would end up with a comparable standard of living and that their lives could carry on. She and Harder asked if there was any possibility they were going to lose any of what they had. The Crown’s representatives convinced them that it was in the best interests of their family not to remain on the acreage and that the family would be maintained with a comparable but safe standard of living elsewhere.15. The RCMP officers involved were acting on behalf of the Crown in negotiating terms for Harder’s involvement with the Witness Protection Program. ("‘WPP”). 16.Harder and his family were to leave the Saskatoon area, and be relocated to another location within Canada, where they would be re-established. They would be given new identities. They would be assisted setting up a new business, getting job training, and finding doctors and medical caregivers. Their children would be enrolled in new schools. They were told it was an opportunity to start fresh in a new life and that they would maintain the same standard of living. At alll times Harder negotiated in good faith with the Crown's representatives 17.Harder and Foga were assured their possessions would be safeguarded. Where necessary, the items would be sold and the funds provided to them. 18. There was also to be a lump sum financial compensation provided. 19.When the Project Forseti arrests were made in or about January 2015, Harder and his family were immediately moved out of the province into temporary emergency quarters with WPP. 20. Harder has testified at all trials required of him, providing lengthy evidence on all the details of the criminal activities involved, which have resulted in multiple convictions. He is the key witness in the trials. He has worked with the investigators and prosecutors to prepare his testimony. He travels to Saskatchewan to testify as required. His ongoing obligations to testify continue to the present day.21.The purpose behind WPP is to sustain collaboration with witnesses who would not otherwise choose to give assistance to law enforcement and it provides protection to those witnesses against the intimidation, violence and reprisals for their cooperation. ‘The intimidation of informants and witnesses are defining characteristics of criminal organizations 22, Harder and Foga had valid reasons to fear for their family's safety. The many people who Harder had built cases against were members of Motorcycle Clubs reputed for violence and worse. He was and is a marked man. He needed to be in a secure environment where his identity was hidden and protected, Similarly, Foga, as Harder's spouse was known to those in the criminal world. The potential for repercussions against the family was to intimidate Harder from providing evidence in the Project Forset trials 23.The Crown's representatives did not manage the Plaintiffs’, Harder and Foga's properties as promised. It fell to KF to attempt to manage the properties. At the time of entry into WPP, Harder and Foga were in the middle of a large scale renovation to their home on the acreage. KF attempted to assist with coordinating the renovations which was contrary to the promises made by the Crown's representatives. 24, The Crown's representatives promised that Harder and Foga and the children would have paid family visits twice per year. This was changed later to be one paid visit a year. This has not occurred at all 25.The Crown's representatives promised Harder and Foga that they could receive mail directly. They were not able to receive their mail including receive bank statements, bill or income tax documents, among other things. Their mail was finally provided very recently26.The Crown's representatives promised Harder and Foga that they would receive temporary name changes so that children could go to school. This did not occur on the timeline as promised. The Crown's representatives said it was up to Harder and Foga to enrol the children in school under their real names. This was a significant risk for the family as the influences of criminal organizations are spread across Canada. It could have resulted in the identification of Harder, Foga, and the children 27.The Crown's representatives promised Harder that he could only have a temporary name change when he satisfied all his debts with CRA. However, the debt was erroneous and inflated and was a result of improper accounting conducted by Harder's former accountant, Don Stewart. The move, mail cutoff, and failure by the RCMP to provide what was promised caused the improper debt to go unchallenged, and in any event any debt was to be handled by the Crown's representatives, 28. There were small daily problems that Harder and Foga encountered, like how to call 1-800 numbers, which was not permitted on their restricted phones. They had no assistance on a timely basis. Their handlers would not pass along messages for days or weeks or months, which made it difficult for to communicate with KF who was, by default, attempting to assist Harder and Foga with their affairs in Saskatchewan. 29. The Crown's representative, or “handler” said that he did not wish to do much of the work managing the affairs of Harder or Foga as it was a security issue for him. He left much of the responsibility of the work to KF. That was a security risk for her as the Harder and Foga properties and possessions were well known to the members of the criminal society associated with Project Forseti. KF has spent hundreds of hours doing work that should have been done by the Crown's representatives. She seeks compensation for that work30.Harder and Foga attempted to communicate with the Crown's representatives who made promises to them. They were advised by the handler, Craig, that they were not permitted to speak to these people. They were not permitted access to make a complaint about the behaviour of their handlers to the RCMP Civilian Review and Complaint Committee “(CRCC"). They were told by the RCMP that it would be a breach of the WPP to leave an email for the CRC, which was required in their CRCC complaint about the treatment they were suffering from their handlers. There was no recourse for them to deal with their concerns. 31.Harder and Foga once commented with their handler, Craig, that it was difficult to get answers from him about their concerns. He then immediately stopped responding to their texts for a period of time after that. He stopped picking up and sending mail from the families in a reasonable time. Where they were getting mail within a week or two of it being sent, started taking a month or more. Harder and Foga were too frightened to ask Craig what was happening with the family visit that was supposed to happen. They had no ability to effect any change to the situation. They were completely in the control and at the discretion of their handlers. 32. The Crown's representatives promised they would provide professionals to pack Harder and Foga’s belongings, furniture, and contents of their properties since they were required by the Crown's representatives to leave quickly with minimal personal possessions upon entering WPP. The RCMP promised that their possessions would be ‘well taken care of.” None of this was done. As a result, a great deal of the possessions were lost, thereby causing a financial loss for Harder and Foga to replace.33. The Crown's representatives promised they would provide professionals to pack and move Harder’s business equipment. This did not occur and the Crown's representatives allowed members of the Fallen Angels Motorcycle Club to go through the office unsupervised and remove what they wished. As a result a great deal of the equipment and possessions were lost or stolen, thereby causing a financial loss for Harder and Foga. 34, The Crown's representatives promised they would provide important financial documents to Harder and Foga’s accountant. This was not done. As a result a crucial financial information was lost, thereby causing a financial losses for Harder and Foga and the improper tax debt noted previously. 36.The Crown's representatives promised that Harder could not spend time during his period of undercover work to clean and work on his vehicles to ready them for sale. Certain vehicles simply needed to be cleaned or a new battery installed. This would have allowed them to be sold for a reasonable amount of money at Fair Market Value. The Crown's representatives said it was not possible for him to wash the cars or put in batteries. The RCMP also said they would sell the vehicles. They did not do so. Vandalism occurred which was needed to be repaired. The Crown's representatives failed to adequately secure and protect Harder and Foga's property, thereby causing a financial loss for Harder and Foga 36.KF attempted to sell ten vehicles, several motorcycles, nine trailers, a boat and motor, a skid steer, a camper, and various sporting equipment all owned by Harder. KF was concerned about selling the articles, as the members of the Motorcycle Clubs knew these were Harder’s vehicles. She was concerned for her own safety. KF was not experienced with the sale of these items and did not maximize the sales prices for the vehicles at Fair Market Value, thereby causing a financial loss for Harder and Foga.37.There were other expenses incurred related to the vehicles which were caused by the false representations of the Crown's representatives, thereby causing a financial loss for Harder and Foga. None of these expenses would have been incurred if Harder was not in WPP. 38.The Crown's representatives promised they would provide professionals to maintain and sell the acreage and the cabin. They said that Harder should not worry as “they had it covered." This was not done. KF attempted as best she could to manage the renovations to the acreage and sell them. She was not a professional and received no assistance from property professionals as promised by the Crown's representatives. Vandalism occurred to the acreage and cabin, which needed to be repaired. The Crown's representatives failed to adequately secure and protect Harder and Foga’s property. As a result money was lost, thereby causing a financial loss for Harder and Foga. 39.Due to the fact they were in WPP, their access to others was difficult. However, initially, they were given telephone cards to call their family. When they used the cards, the members of their family could identify their home phone number, and even what city they were calling from, which put Harder, Foga, and their children at great personal risk. 40.Harder had a number of cases involving civil litigation that were needed to be pursued. The Crown's representatives did not wish him to pursue those cases while he was working undercover or afterward as it would involve him being in Saskatchewan, which put him at risk. As a result, those actions were lost, causing financial loss for Harder and Foga. These cases and the resulting financial loss exceeded $54,000.10 41.Harder and Foga had a separate case against their accountant, Don Stewart This complex litigation was not able to be pursued against Don Stewart, which is related to the issue of the large debt with CRA due to Accounting Errors, extortion amounts, and other issues. This was to be pursued with a lawsuit against Don Stewart. Due to the passage of time these claims cannot now be made, and Harder allegedly owes CRA $800,000. This was apparently reduced to $185,000. Even this amount is a serious financial loss to Harder and is not the actual amount he owes. 42.Harder owed money to Harley Davidson on a motorcycle. He had additional interest charged on that loan due to the failure of the Crown's representatives to make his regular payments on the due date, thereby causing a loss to him, contrary to what was promised to him by the Crown’s representatives. Harder and Foga's credit rating has been ruined by participating in the WPP. 43.Had the RCMP told Harder and Foga that they would lose everything they owned and would never be able to live a normal life, or own anything else for many years, and possibly the rest of their lives, they would not have entered into WPP. 44.Harder's businesses had value, which was not compensated. The businesses were owed monies. Harder was not able to attend to the collection of the business’ accounts receivable, thereby losing money. 45. The RCMP has refused to provide his prescribed medication to Harder. The medication will run out and the RCMP will not pick up and send the medication to him on a timely basis. Consequently, Harder who needs steady medication to control pain he has with a back injury from ten years ago, is in pain. He also takes medication for severe anxiety to prevent panic attacksul 46,When the Harder and Foga were initially relocated, they wished to enrol their children in school. They were informed by their handlers that this was not possible. They were not able to enrol theii children for an extended period of time, approximately 540 days. Harder and Foga attempted to home school the children, As they could not have their real names used, the children’s missed more than an entire school year. As a result, the two children, Tia and Treyden have fallen behind their peers. They will graduate later and as a result will earn less money than their peers. This loss of income opportunity will occur in the future. The Plaintiff KF claims on behalf of the children for all losses related to their loss of income opportunity. 47.Foga had to have emergency dental surgery while she was in emergency care. The cost of this was not reimbursed by the Crown's representatives, as was promised to her. 48.Both Harder and Foga’s privacy related to their medical information has been breached by their handlers. One handler insisted on sitting in a medical appointment to make sure Harder ‘was telling the truth” about his medical condition to the physician. On another occasion, the handler, Josica shared confidential medical information with a member of Foga's family without authorization. 49. Harder was also promised that he would be paid $50,000 if he helped secure a conviction of Terry Eide, a “full patch” Hell's Angel Member. Mr. Eide pled guilty on December 2, 2015 and was sentenced to eight years for trafficking cocaine. Those funds have not been paid. 50.Harder and Foga requested an Alarm or a Panic Button at the home where they were living. This was denied by the Crown’s representatives.12 51.The accused in Project Forseti posted Harder’s picture on Facebook asking for help tracking him down. Harder and Foga both needed to be able to get efficient, responsive help since at times they could not reach their handlers for long stretches at a time. They were not allowed the opportunity to have the normal additional security that any citizen of Canada enjoys. They are at more risk than an average person and security should have been a primary concern for the Crown's representatives. 52.Harder and Foga have become completely dependent upon the WPP by taking away an ability to support themselves. 53.Harder and Foga and their children have been subject to psychological torture while under the Crown's care in WPP. They have been subjected to threats and intimidation for an extended period of time. Threats to their security and safety while in the program or failing for follow sometimes arbitrary orders, or asking questions, led to their psychological dependence on their handlers. They felt dehumanized in making reasonable requests and were punished for attempting to protect themselves. 54.They were cut off from any support systems, other than the Crown's representatives. They feel like they are in a prison that has been created by the Crown's representatives. 55.Recently Harder and Foga have been subjected to criminal harassment by the RCMP where they are residing. They have been repeatedly stopped and threatened to be charged1B 56.While enroute to testifying at one of the Project Forseti trials, Harder’s suitcase was lost. His medication was in the bag, along with his clothing, toiletries and other articles. He requested the opportunity to replace the articles, or to have his handler replace the articles. This was refused by Harder's handler. As a consequence, he was not even able to brush his teeth. He wore soiled clothing to testify at the trial. This inhumane treatment was something that Harder endured, but was humiliating for him 57.Harder and Foga believed they had no recourse in WPP if they did not like their situation. f they wished to leave WPP, they would be out on the street with their original names and without any protection. It was essentially a death sentence. Every threat to terminate WPP by the Crown's representatives was the threat of a death sentence. There were threats by the Crown's representatives to terminate WPP on an ongoing basis 58.Harder and Foga have been diagnosed as having experienced psychological trauma and damage after participating in WPP. 59.When Harder appeared to testify in court in Saskatoon on one occasion, he was taken to a hotel room in a nearby city. He was left in the hotel for two days without security. He had to leave the room for food, or would order in room service. When he discussed this with his handler, Craig, he was told the handler was responsible for transportation only, not for security. Harder was left for days in the city unprotected. It compromised his security. The RCMP in Saskatoon advised Harder that the threat assessment for staying in this hotel was “very high.” The handler, Craig, put Harder's safety at risk. Harder was incredibly afraid for the entire time he stayed in the hotel, that a member of the criminal organization that he was testifying against would locate him and kill him,14 60.Harder and Foga have been prevented from getting a new acreage or cabin, as they did not have a credit history or tax returns with their role in WPP. Harder especially had worked at rebuilding his credit. Harder was assured their lack of credit history would be addressed by the Crown's representatives. Even getting insurance is so much higher without a prior history. The costs of automobile insurance are much more significant as Harder and Foga could not use their prior driving histories. These are financial losses for them that have occurred in the past, but will continue in the future. They were promised that they would be helped to get a mortgage but this has not occurred. 61. There was to be a lump sum paid to Harder for his involvement in Project Forseti. Without his knowledge or consent monies were withheld. Harder seeks return of those monies as damages. The deductions were made but some payments that were to be made on his behalf were never received. 62. The Crown's representatives told Harder and Foga that it was not safe to go to a doctor. The Crown's representatives arranged health cards for the Harder/Foga family in their own names. This put them at risk. They were then permitted to see physicians, which would constitute and even bigger risk to their personal safety. The physician's office contacted Harder’s pharmacy in Saskatoon to get his medical records forwarded. This was allowed to occur by the Crown's representatives. This was a further risk to the family's safety, as it clearly identified their location while under their real names. 63. The Crown's representatives had other breaches to the safety of the family, including but not limited to allowing Harder to fly under his own name.15 64.Additionally Harder and Foga were concemed about the safety in their apartment. When Harder and Foga requested to stay in a hotel room for the night due to their safety concerns due to a potential breach, they were told by the handler that it was “after work hours” and this was refused. They offered to pay for the room themselves. This was refused. During office hours when their belongings were to be retrieved, Harder and Foga were not allowed to back to the apartment themselves due to a perceived security risk. Convenience for the handlers took precedence over security for the Harder/Foga family. It is fortunate that the compromises to their safety have not resulted in injury or death 65.In or about November 2017, Harder was present in an establishment when there were approximately 100 Hells Angels and Associates. He had to pretend he had a weapon under his shirt to make his escape. The RCMP suggested they would do a risk assessment. The results of this was not conveyed to Harder for three weeks. During that period of time, he was afraid to stay at home for fear or being discovered by people who wished to kill him. 66.Since the incident set out in paragraph 62, the RCMP have renewed the protection agreement for three months and have also provided Harder and Foga with a “Non-Voluntary Termination” (‘NVT") of the Witness Protection Agreement. This will mean Harder, Foga and the children will be on the streets with no protection or assistance from the RCMP or the Crown at any time, at the sole decision of the Crown and the RCMP. 67.The NVT also coincides with a notice that the Plaintiff's counsel provided to the Department of Justice, Counsel for the Crown, in an effort to resolve the case without litigation. Notice to the Crown is also required under the Crown Liability and Proceedings Act. The documentation outlined the complaints of the Plaintiffs with the WPP. If people in the WPP are abused and complain, the Crown takes this as a justification to terminate their protection. Harder16 and Foga have been prevented from effectively communicating with their lawyer over the period of the lawyer client relationship. The act of seeking relief from their abuse through legal representation will cause the WPP contract, which has been breached repeatedly by the RCMP, to be ended entirely. Harder has cooperated with the Crown to assist the justice system in testifying about Project Forseti for the benefit of society. 68.Harder and Foga have been prevented from appealing the NVT on a timely basis because all of their electronic devices and technology has been taken by the RCMP. Further they have taken all ID, passports, health cards, debit cards, cell phones, and keys from Harder and Foga. They are provided with a hotel room to live in and money to purchase food. The children are again, not in school. There is not date anticipated for their return to school 69. This conduct, even without the other wrongdoings demands the opprobrium of this Honourable Court to the award of punitive and exemplary damages. 70.Since Harder and Foga could not qualify for a mortgage, as their new identities did not have a credit history, they found a piece of land that they could purchase under a “Rent to Own,” situation. Unfortunately issues arose with the owner of the property. He commenced a legal action against Harder, which Harder was not able to defend within the required time, due to the actions of the RCMP. They moved him on two hours’ notice with threats that he would be dead by moming and his children kidnapped and killed unless they moved. The RCMP provided the family with basic necessities and promised to retrieve the personal property on the land, Harder was not able to respond to the case without his laptop and information, which was withheld by the RCMP. The family will suffer losses of all the personal property they have acquired since they moved from Saskatoon7 74. The family had a number of animals, some of which were extremely important to the children. The RCMP promised that they would retrieve at least two of the animals and take them to the new location where the Harder/Foga family would move. The rest of the animals were to either be adopted out to good homes or go to a Petsmart so they could be adopted by members of the public. Pets are not euthanized at Petsmart. Alternatively Harder and Foga asked that the pets be sent to their extended families to be cared for. When Harder and Foga checked, all animals had been sent to the SPCA, which could result in the animals being euthanized. 72.The Plaintiffs are given certain rights under the Canadian Charter of Rights and Freedoms, including the rights for life, liberty and security of the person, pursuant to Section 7 and the right to equal treatment before and under the law without discrimination pursuant to Section 15. The Crown and the RCMP have violated these rights. CAUSES OF ACTION Vicarious Liability, Contract, and Negligence 73.The actions, representations and promises made by the Crown's representatives are binding upon the Crown. The Crown is vicariously liable for the acts of his employees and agents of the RCMP and vicariously liable for the actions and failures to act of its officers, agents, handlers, and employees for failing to protect the Plaintiffs and the infant children and the contracts undertaken on behalf of the Crown, and the negligent performance of the obligations of the activities undertaken regarding WPP. 74.At all materials times the employees were acting within the scope of their ‘employment and the Crown is legally responsible for their actions.18 75.At all materials times all employees, agents, and staff involved with the Plaintiffs and the infant children were under a duty to care for the Plaintiffs and the infant children. Damages for Breaches of the Plaintiff's rights guaranteed under the Charter 76.All Canadians, including the Plaintiffs, are guaranteed certain rights under the Canadian Charter of Rights and Freedoms, including the right to life, liberty and security of the person, pursuant to Section 7 and the right to equal treatment before and under the law without discrimination pursuant to Section 15. The Crown and the RCMP have violated these rights in their treatment of the Plaintiffs and infant children. 77.All actions of the Crown and the RCMP indicate their inability to treat those families in and involved with the WPP as having rights that are guaranteed to all Canadians. This failure is deserving of sanction. Punitive and Exemplary Damages 78.As a result of all circumstances the Plaintiffs and the infant children are entitled to pecuniary and non-pecuniary damages. 79.The people of Canada generally consider the sale of illegal narcotics and firearms to be criminal behaviour worthy of lengthy prison terms. To effect a successful prosecution of these criminals, at times law enforcement uses witnesses with connections to the criminals. These people jeopardize themselves and their families to aid the law enforcement officers to successfully prosecute the offenders. 80.The Federal Government has set up WPP to ensure the witnesses are safeguarded while they are assisting with the court cases. WPP also does not wish the witnesses and their families to be in a worse financial state than they were before offering to assist law enforcement. It is recognized around the world that these basic tenets are fundamental.19 81. The Crown is in control of WPP. That program has totally and entirely failed the Plaintiffs and the infant children. They have lost all their worldly goods and possessions, They had no opportunity to make arrangements to have their property and lands secured and sold for fair market value. The promised assistance with those objectives was not done by the Crown's representatives. They have been ignored, placated, threatened, lied to, and treated with indignity. 82.Finally when the Plaintiffs were in ultimate danger of being killed, after complying with requests of the RCMP, and when they tried to provide details of their complaints to their lawyers, they were terminated from the program. 83,The Plaintiffs are in a much worse state than when they entered WPP, financially, psychologically, and emotionally. When they reached out for assistance, they were rebuffed. 84, Harder has fulfilled and continues to fulfil his end of the bargain. The Crown has failed to do hers. At every tum, Harder and Foga were threatened with expulsion from WPP, which meant a death sentence for them. 85. The Crown did not keep the commitments made by the RCMP representatives but once Harder, Foga, and their children were in WPP, based on promises that were not kept, the reality of the danger of leaving WPP allows the Crown to fail to keep the commitments made on his behalf but Harder, Foga, and their family are locked by the realities that the alternative of danger makes leaving WPP in effect impossible. This issue of the ability of the Crown's representatives to lie about what they will do, or altematively, and in any event, not do what they commit to do, is an issue for consideration by this Honourable Court on the issue of exemplary and punitive damages.20 86.Disclosure by the Crown of others in WPP who were treated similarly will establish that their wrongful conduct of the Crown's representatives as regards the Plaintiffs is a consistent pattern of wrongdoing putting WPP into disrepute. The importance of WPP to Canadian society should result in this Honourable Court sustaining the WPP by an award of punitive and exemplary damages so that the Crown's conduct will not further tamish the reputation of wep. 87.Canadian citizens should expect that people trying to assist putting away serious criminals should not be threatened with their lives or maltreated in an effort to maintain the Rule of Law in Canada. 88. The wrongs, the actions, the lack of action, pled in this Claim constituted such an egregious breach of WPP and the standard of care required of the Crown’s representatives and such an egregious breach of the contractual obligations of the Crown to Harder, Foga, and their infant children that it would be an affront to the sense of justice of Canadian people if damages awarded against the Crown were limited only to out of pocket losses and damages for pain and suffering. 89.Among individuals cooperating with the police and justice authorities, while putting themselves in harm's way to help with maintaining the public's safety, it is well understood by members of the media and the public that they will be fully protected. If Canadians, and indeed people generally, regardless of whether they are in Canada, come to suspect that promises by law enforcement officials regarding Witness Protection are not reliable, the loss to society of people like Harder making Canada and the world a safer place, has an incalculable value. This Honourable Court should, through its resources of mandating document disclosure and responses to questioning about other cases and this case, treat the issues at large as pled in this claim with the21 profound seriousness merited by the impact on protection of Canadians and resolution of the kinds of major crimes involved in Harder's testimony. 90.In so public a display of wrongdoing, Saskatchewan and Canadian people will look to the third arm of governance, Canada’s judiciary, to send a meaningful message to the Crown that a high level of care and concern for people in the circumstance of the Plaintiffs is required and that where, as here, the conduct was atrocious, exemplary and punitive damages will be awarded. 91.The exemplary and punitive damages that should be awarded by this Honourable Court should be very large taking into account that Harder assisted in Project Forseti resulted in convictions and federal penitentiary time for some of Saskatchewan's worst drug and firearms criminals. Only a very large award of punitive and exemplary damages will carry the message to the Crown that appropriate care must be its primary mandate. 92.As a result of the negligence of the Crown, her employees, and agents, the Plaintiffs have suffered harm, including but not limited to: a. b. ©. Psychological damage and distress for their treatment in WPP; Loss of the Lump Sum payments as negotiated; Losses to Harder and Foga of their real estate due to failure of the Crown's representatives to manage and sell at fair market value on two occasions; Losses to Harder and Foga of their personal assets and vehicles on two occasions due to the failure of the Crown's representatives to manage and sell them at fair market value, including additional costs that were incurred; Failing to honour their commitments to have semi-annual family visits; Breaches of Harder and Foga's privacy for their medical records;2 Failure to provide medicine to Harder as required, thereby causing him severe back pain and severe anxiety on multiple occasions; The time that KF spent to manage the properties and assets of Harder and Foga; Loss of personal and financial records intellectual property that is imreplaceable, which caused Harder to be assessed taxes at a much higher amount than he should have been required to pay; Losses to and of the value of Harder’s businesses due to failure of the Crown's representatives to manage and sell them at fair market value; Losses related to inability to pursue multiple civil litigation cases; Losses related to failure to pay loans or debts of Harder and Foga on a timely basis; Losses related to litigation with Don Stewart, which indirectly cost Harder tens of thousands of dollars in increased costs and losses with respect to CRA; Damage and nervous upset with respect to failure to keep the family secure and safe at al times; Failure to assist with setting up identities for the family which would have allowed them to have an ability to build credit and buy a home, obtain vehicle insurance at a reasonable rate, acquire other assets; Destruction of Harder and Foga's credit rating; Failure to enroll the children in school for over 530 days, which has resulted in a loss of employment opportunity for the infant children; Cost of Foga’s emergency dental surgery; Shock and nervous upset of the loss of pets, which were to be adopted, and instead were taken to the SPCA; Punitive and exemplary damages;23 s. __Prejudgment interest at the appropriate rate. PRAYER FOR RELIEF 73. The Plaintiffs request the following relief: a. _Non-Pecuniary Damages in an amount to be determined at tral; b. Pecuniary Damages in an amount to be determined at trial, including but not limited to loss of income or loss of income opportunity of Harder, Foga, and their infant children, loss of business opportunity, loss of assets and possessions, and numerous other out of pocket losses; c. Damages for breach of the Canadian Charter of Rights and Freedoms; d. Exemplary or Punitive Damages in an amount to be determined at trial; fe. __Prejudgment interest; and f Taxable Legal Costs DATED at Regina, Saskatchewan, this 26 day of March, 2018. MERCHANT LAW GROUP LLP e-7 Solicitor for the Plaintifs24 CONTACT INFORMATION AND ADDRESS FOR SERVICE If prepared by a lawyer for the party: Name of firm: Merchant Law Group LLP Name of lawyer in charge of fle: E. F. Anthony Merchant, Q. C Address of legal firm: #100 - 2401 Saskatchewan Drive, Regina, SK S4P 4H8 Telephone number: 306-359-7777 Fax number: 306-522-3299 E-mail address: kzawislak@merchantlaw.com