Rawdon 2.0 Forums, Carnet / Blogs, Nouvelles et plus

Very interesting, but disturbing.

I'm not sure many people realized that the municipality of Rawdon used an Anton Pillar order in their Cyberintimadation case againt the rawdon-qc forum members. All the documents are available to the public at the Palais de Justice in Joliette. the case number is: 705-17-002451-084

Executing Anton Piller orders is far from a routine and easy task. The documentation to be prepared and filed is usually extensive and requires careful drafting. When used the Anton Pillar order is generally issued in cases of alleged trademark, copyright or patent infringements. Analysing evidence can be a costly process and is perhaps best left until sensible arrangements can be made with the defendants.

The rarely used court order allows a private search as part of a civil action as a means of seizing evidence without prior warning to prevent the destruction of incriminating evidence. Anton Piller orders are often inappropriate and not necessary. There are a number of effective alternative processes to enable the preservation of evidence.

Anton Piller orders should be no wider than is necessary to secure and preserve the relevant evidence . In the minutes of the Bailiff Jean-Francois Tremblay from the firm Belanger & Associes taken at the defendants homes, he states; " Le Technicien en informatique M. Denis Coulombe a procede a une copie conforme et integrale du disque du du systeme informatique sue les lieux et les donnees ainsi saisie ont ete enregistrees sur un autre disque dur lequel aete conserve et remis a M. Denis Coulombe, technicien en informatique pour analyse ulterieur". -Read the first line again about the order be no wider than is necessary-. The computer technician not only copied the information that could lead to the identities of the pseunonymes using the forum, but also took all the personal information such as banking accounts, financial information, photos, e-mails, music and various programs and material that have no relation to the rawdon-qc forum.

This is what makes Anton Pillar orders so dangerous. The service of the order and it's execution is overseen by an idependant supervising lawyer. A capable independant supervising lawyer may be the difference between a successful execution and a costly failure. A representative of the plaintiff is a key member of the search team. The representative must be capable of identifying relevant evidence that is covered by the order. There where no officers of the court or any independant solicitors at the time of the execution to explain information in respect of authorities executing the search and seizure order, or to explain the presence of a police officer to the defendants.

Because of legal issues regarding the manner of the execution of the Anton Piller at the defedants homes, Judge Sylvie Devito ruled in favour of the defendants lawyers to have the information on their clients hard-drives sealed until their next court apparence to take place again in Joliette in May.