Defence argues Bertrand’s rights breached during terrorism interview

A defence lawyer is arguing his client’s charter rights were breached during a 90-minute interview with the Royal Canadian Mounted Police.

Bobby Russon is cross-examining RCMP Sergeant Shelley Shedewitz in the ongoing trial of 21-year-old Seth Bertrand.

Bertrand has previously pleaded not guilty to a single charge of participating in a terrorist entity; in this case the Atomwaffen Division (AWD).

AWD was added to Canada’s list of known terrorist entities in February 2021.

Three weeks later, the prosecution alleged Bertrand filled out an online application via email to join the AWD.

Bertrand arrested in May 2022

Bertrand was arrested by the OPP in May 2022 and taken to Windsor police headquarters for Sgt. Shedewitz’s interview.

In direct examination, Shedewitz told the prosecution she offered Bertrand food and water, he was given a chance to speak to ‘duty counsel’, was told he was facing a charge of trying to join the AWD and he did not appear to be under duress.

Russon said, however, Bertrand was never told he did not have to speak with the investigator.

And even though he spoke with a lawyer on call, also called “duty counsel”, Russon was away on holidays.

Bertrand was never asked if he waived his right to the lawyer of his choice and was never asked if he was satisfied with the advice of the duty counsel lawyer, according to Russon.

Russon also questioned if Bertrand knew specifically what charge he was facing.

Shedewitz indicated to Bertrand it was due to his alleged involvement with the AWD, but she couldn’t recall if she warned Bertrand about admitting to his alleged involvement with another neo-Nazi group called the National Socialist Order (NSO).

Court will resume Tuesday morning with Russon replaying the entire 90-minute interview with Shedewitz to refresh her memory.

Timeline of events

Feb. 3, 2021: Public Safety Canada adds Atomwaffen Division to list of known terrorist entities

Feb. 21, 2021: During classtime, Bertrand uses school-issued computer to fill out an ‘application’ to join Atomwaffen Division

Feb. 22, 2021: WE Trans Support office vandalised

May 25, 2021: Bertrand charged with various acts of mischief against a local gay couple

May 6, 2022: Arrested & charged with “participating in or contributing to, directly or indirectly, any activity of a terrorist group”

Aug. 18, 2023: Bertrand pleads guilty to inciting hate and mischief against Windsor LGBTQ+ community, sentenced to five months house arrest

Oct. 1, 2024: Superior court trial begins

Nov. 18, 2024: Trial resumes