BLUE LINE CANADA’S LAW ENFORCEMENT MAGAZINE
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MAY 2021
COVER STORY
Betting on Crime
How organized crime thrived during the COVID-19 pandemic p.14 OUT OF THE COLD
PROJECT SWITCH
Peel’s Oldest Unsolved Homicide p. 8
A Taxi Fraud Investigation p. 18
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Contents
14 May 2021
Columns
Volume 33 Number 5
4 10 12 20 22 26 30
Features COVER STORY
Editor’s Commentary Q&A Behavioural Sciences Health & Wellness Holding the Line Case Law Back of the Book
Departments
14 Betting on Crime
As Canadians shifted online in response to the pandemic, organized crime groups saw an opening. How increased online activity, most notably virtual gambling, created a rich, new environment for organized crime groups to operate and thrive. By Brieanna Charlebois.
16 Stress Injuries, Stigma and Early Warning Signs
Police officers are often exposed to traumatic incidents through their work. The first of this two-part series focuses on the stigma around stress injuries as well as identifying warning signs and possible indicators of a stress injury. By Colleen Stevenson.
5 5 8 9 9 24 28 29 30
News By the Numbers Cold Case Dispatches Calendar Off the Shelf Product Showcase Marketplace Blue Links
COVER PHOTO: GBRUNDIN / ISTOCK/GETTY IMAGES PLUS / GETTY IMAGES
18 Project Switch
A profile of Project Switch, the GTA-wide fraud investigation that targeted taxi drivers who were defrauding customers across the region. This investigation involved a collaborative effort between Peel Regional Police, Toronto Police and various financial companies. By Brieanna Charlebois.
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16 18 May 2021 | BLUE LINE
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EDITOR’S COMMENTARY BY BRIEANNA CHARLEBOIS
www.BlueLine.ca
Organizing against crime
W
hile most crime rates have data on fraud-related crimes showed the dropped over the past rate of police-reported fraud increased for year, organized crime and the eighth year in a row, up 10 per cent in fraud thrived. This begs 2019 compared to 2018 and 64 per cent the question: Why? Most experts point to higher than a decade ago. While this data two main theme two main themes - dis- predates the onset of Covid, identifying this parity and desperation - and as we now trend, Statistics Canada is conducting a know, the pandemic amplified both. Un- special data collection to address information gaps. Researchers are foemployment rates peaked and cusing on data from March to inequality among Canada’s Unemployment most vulnerable communities rates peaked and December from a select number became more pronounced. inequality among of police services. The good news is, in the What resulted were new av- Canada’s most face of these troubling statisenues for criminals to capital- vulnerable communities tics, Canada’s law enforceize and flourish. While the pandemic may became more ment officers are on the job, have changed the way crime pronounced, working hard to combat the syndicates operate, they quick- resulting in new growing issues. Several sucly adapted to the “new normal”, avenues for cessful operations have reusing the online shift to their online crime, cently been made public and, advantage. As aptly stated on fraud and in this issue, we take a look at the federal government web- organized crime their successes. This includes site, “organized crime affects to capitalize and Operation Project Majestic, Canadians’ basic rights to flourish. which led to the recovery of peace, order and good govern73 stolen vehicles and Project ment. Although the effects of illicit activities Collecteur, an investigation into an interare not always obvious, all Canadians, national organized crime network that through one form or another, feel them offered a money transfer service to drug through victimization, higher insurance exporting countries. Investigators with rates, fewer tax dollars to support social Project Collecteur earned the CACP programs and the eventual undermining of Award of Excellence for Combatting Canadian institutions and consumers.” In Organized Crime for their efforts. effect, no community is immune to the efOne of this month’s feature stories also fects and consequences of organized crime. profiles Project Switch, an investigation This is showcased in this month’s cover into taxi fraud in the Greater Toronto Area. story, “Betting on Crime.” Investigators for this operation were also For years, gambling, specifically online recognized for their work, several earning gambling, has been one of the fastest grow- Investigative Partnership of the Year ing spaces for organized crime. Though this awards for their investigative prowess and is not a new phenomenon—technology has collaborate effort between four Divisions been used for organized crime operations of the Toronto Police Service (TPS) as well since the onset of the technological age—it as members of the Peel Regional Police and is becoming more prevalent in Canada each various financial companies. year. Covid has led to increased online acAs the “bad guys” adapt and pivot, so tivity, including gambling, ultimately creat- must law enforcement. Collaboration ing a rich, new environment for organized makes this easier. Most stories found crime operations. within this edition showcase joint police Fraud rates have also been steadily in- work and how working together, especialcreasing in recent years, even more so since ly through tough and trying times, yields the pandemic began. The latest national the greatest success.
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NEWS
One of the 73 stolen vehicles being shipped internationally that were seized by police in Project Majestic. CREDIT: YORK REGIONAL POLICE CANADA
Project Majestic
More than 70 stolen vehicles, valued at $4.5 million, were recovered in an investigation dubbed Project Majestic. The investigation focused on thefts of Lexus, Toyota and Honda sport utility vehicles that had been stolen from driveways throughout the Greater Toronto Area and exported overseas to Africa and the Middle East, specifically Nigeria, Ghana and the United Arab Emirates. Members of the York Regional Police Auto Cargo Theft Unit, in collaboration with Toronto Police Auto Theft Suppression Unit, the Peel Regional Police Commercial Auto Crime Unit and Peel Regional Police Criminal Investigations Bureaus, collaborated on the project and charged 18 people with more than 170 offences. “Project Majestic was initiated in December 2020 after a high number of vehicle thefts in the GTA. They would scout cars in the evening, then return in the early morning hours, force entry and then reprogram the car’s computer to recognize a brand-new key
fob to complete the theft,” said Detective Scott Cresswell, YRP Auto Cargo Theft Unit. “Essentially the group operated on a number of levels with a group of thieves who would bring cars to our traffickers.” After being taken, the vehicles were driven directly to the Port of Montreal or loaded into a sea container in Toronto and transported to Montreal by rail. The containers were then loaded onto ships and delivered to buyers in Africa or the United Arab Emirates. On March 16, following a two-month investigation, investigators executed eight search warrants across the GTA and Brossard, Que. This resulted in a total of 73 stolen vehicles, valued at more than $4.5 million, being seized by police. Charges laid included Conspiracy, Trafficking of Property Obtained by Crime and Theft of a Motor Vehicle. Cresswell said there were also several vehicles that had already been containerized and shipped but that police targeted them for inspection when they reach their port. “We feel we have made a significant dent in the criminal organization,” he said. In a March press release, investigators of the operation extended appreciation for the assistance of the Durham Regional Police Service, the Canadian Border Services Agency and the Insurance Bureau of Canada for their help in the investigation. CANADA
Memorial for officers who died by suicide
Canada Beyond the Blue is a peer-led, non-profit organization with chapters
across Canada dedicated to “strengthening and supporting” families of law enforcement officers. Since their launch in 2017, Toronto Beyond the Blue (TBTB) has been working to implement a sustainable, cultural shift in the areas of mental health/well-being for Toronto officers and their families. Their latest project is the creation of a permanent memorial on the grounds of the provincial legislature to recognize officers who have died by suicide. The Heroes in Life Memorial would be a separate momentum than the memorial in Queen’s Park that honours officers who died in the line of duty. Experts and unions say more officers die by suicide than in the line of duty. The force confirmed that three Toronto police officers died by suicide over the past year. The last time a Toronto officer died in the line of duty was in 2013. Dilnaz Garda is the president of TBTB. She said their efforts to construct a memorial for officers who died by suicide began more than two years ago. “One thing that’s come out of the pandemic is that everyone’s mental health has suffered, which has really expedited the collective understanding of mental health and the need for more mental health support,” said Garda. “There’s still a stigma around mental health but it’s provided the opportunity to spread awareness.” She noted that, while they still waiting for a response from various political leaders, the movement has received the support of police leaders and unions.
BY THE NUMBERS The COVID-19 outbreak has worsened the already deadly and ongoing public health crisis of opioid overdoses and deaths. In March, the Government of Canada released an update, which included data on deaths, hospitalization and Emergency Medical Services (EMS) responses involving opioids and/or stimulants between January 2016 and September 2020. The full report can be viewed at health-infobase.canada.ca.
1,705
apparent opioid toxicity deaths occurred between July and September 2020. This represents the highest quarterly count since national surveillance began in 2016. The number also represents a 120 per cent increase from the same time frame in 2019 (776 deaths).
@Blue_LineMag
85%
20,700+
of opioid-related deaths between January and September 2020 occurred in British Columbia, Alberta or Ontario. Several other jurisdictions across the country have also observed record-breaking numbers during the COVID-19 pandemic.
EMS responses to suspected opioid overdoses between January and Sepetmber 2020, based on available data from nine provinces/territories. From April to September 2020, 16,200 EMS responses to suspected opioid-related overdoses occurred, representing an 86 per cent increase from the six months prior.
82%
of apparent accidental opioid deaths from January to September 2020 involved fentanyl. The majority (99 per cent) of the fentanyl detected was non-pharmaceutical and 86 per cent of all accidental apparent opioid toxicity deaths involved a non-pharmaceutical opioid.
May 2021 | BLUE LINE
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NEWS Among them is Jason Tomlinson, president of Ontario Police Memorial Foundation, who told the Canadian Press the construction of a new memorial is a matter of when, not if. “It’s time,” he said. “I think by having the Heroes in Life Memorial and by continuously raising mental health awareness, we are going to be better prepared to deal with suicide, prevent it from happening and it won’t be this dark secret.” Garda said there are currently 20 families who have voiced interested and want their loved ones’ names on the memorial. Garda/TBTB was also featured on the September 2020 edition of Blue Line, The Podcast. To listen to the full episode, visit blueline.ca/podcast. CANADA
CACP Award of Excellence for Combatting Organized Crime
The Canadian Association of Chiefs of Police (CACP) announced the 2021 CACP Award of Excellence for Combatting Organized Crime on March 10. This year, it was awarded for the joint efforts of the Integrated Proceeds of Crime (IPOC) Unit of Division C of the RCMP and the Criminal Investigations Division of the Canada Revenue Agency’s Quebec region for the successful implementation of Project Collecteur. Project Collecteur was an investigation led by the Quebec RCMP IPOC Unit and the Canada Revenue Agency (CRA) from 2016 to 2019 as a result of information received from the Drug Enforcement Administration in the United States. Members of the network facilitated the collection of money from criminal groups in Montreal and then laundered the proceeds of their illicit trade. The network offered a money transfer service to narcotic drug exporting countries and disposed of the accumulated money in Montreal through various individuals and foreign exchange offices in Toronto. The network used an informal value transfer system (IVTS) with connections in Lebanon, the United Arab Emirates, Iran, the United States and China. The funds were then returned to drug-exporting countries such as Colombia and Mexico. On Feb. 11, 2019, the investigators arrested 17 individuals associated with the vast network, which was closely linked to several criminal organizations. The investigation, which fully meets one of the strategic priorities of the RCMP and the Canadian Integrated Response to Organized Crime, resulted in the seizure of 6
BLUE LINE | May 2021
CANADA
Research on risks of occupational stress injury among Canadian first responders CREDIT: CANADIAN ASSOCIATION OF CHIEFS OF POLICE
significant quantities of drugs valued at $2.2 million and the seizure/restraint of assets valued at nearly $30 million. “The investigators’ creativity in the use of innovative and high-tech investigative techniques uncovered a sophisticated national and international network in addition to the laying of charges in relation to money laundering, trafficking in property obtained by crime, participation in the activities of a criminal organization, as well as importations and exportations,” the CACP said in a press release. “The collaboration between IPOC Toronto, the Laval Police Service, the Montreal Police Service, the York City Police Service, the Toronto Police Service, FINTRAC and the Forensic Accounting Management group contributed to the success of this case. To date, this is one of the largest money laundering investigations in Canada.” The CACP said the impact of dismantling this international criminal organization resulted in strong partnerships with the United States, Lebanon and the five major Canadian banks, who “worked together to develop strategies to counter illicit practices and to study best practices to jointly improve the fight against this scourge which threatens the security and quality of life of Canadians and undermines the integrity and stability of our economy.” “Organized crime groups have tentacles in all regions of the country and their activities negatively impact the economy, health and public safety,” said Supt. Chris Renwick, co-chair of the CACP’s Organized Crime Committee. “Project Collecteur demonstrates that sustained collaborative efforts focused on disrupting criminal networks. Its positive impacts were not only felt in Canada but resulted in ripple effects felt around the world.” The investigation also had political impacts, being cited in the 2019 Federal Budget (page 240). It influenced the proposal to make legislative amendments to the Criminal Code in regards to trafficking property obtained by crime in order to provide law enforcement with tools that will aid in the fight against money laundering.
The Public Services Health & Safety Association (PSHSA), in partnership with Dr. Bill Howatt and the Conference Board of Canada, developed a non-diagnostic screening tool for assessing occupational stress injury (OSI) risks among first responders and frontline healthcare workers in Canada. First responders are exposed to significant events or critical incidents outside what can be considered normal. Many factors can contribute to an individual’s vulnerability to increased OSI risk, including moral conflict, physical fatigue and chronic work-related stress. A mental injury can result in lost time at work and decreased productivity, or increase the risk for disability and mental duress. If not dealt with properly, it can lead to mental illness such as depression, addictive behaviours and post-traumatic stress disorder. In 2020, 620 individuals in Canada (primarily first responders) completed the Occupational Stress Injury Resiliency (OSIR) Index screening tool. The OSIR Index generates a predictive resiliency score where individuals are grouped into four vulnerability profiles from high to low risk for OSI. The tool predicted important outcomes for mental health, physical health and the workplace, such as absenteeism. This study also found significant evidence that the OSIR Index is a reliable and valid tool that employers and employees can use to screen for occupational stress injury risk. While significant efforts have been made to understand the prevalence of PTSD and mental health disorders among first responders in Canada, a gap remains in understanding what preventative actions employers and workers can take to reduce the risk of mental harm. “To promote mental health and prevent mental harms in first responders, it’s beneficial to have an early detection strategy in place designed to detect cognitive and emotional vulnerabilities,” said Dr. Howatt in a press release. “PSHSA’s OSIR tool is designed to support first responders and employers with early detection that can facilitate proactive steps, and can be used by employers to evaluate current programs and policies.” This tool could help organizations reduce occupational stress injuries by targeting investments in more focused ways. Employers can select supports and provide tailored www.BlueLine.ca
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NEWS resources to employees based on their OSIR Index risk. Additionally, employees can use the tool to monitor risk and initiate services when needed. “We wanted to build a tool to help first responders and healthcare workers understand their vulnerability to occupational stress injuries and help workplaces identify specific actions to prevent OSI risk,” said Glenn Cullen, CEO and COO at PSHSA, in a news release. “Our collaboration with Dr. Howatt and the Conference Board of Canada has enabled us to develop a resource that has the potential to make a significant impact for first responders and healthcare workers in Ontario.” ONTARIO
Province expanding mental health supports for OPP
The Ontario government is investing $12.5 million over three years to strengthen the mental health services available to Ontario Provincial Police (OPP) and their families.
The funding will support the hiring of 20 additional mental-health support staff and enhance the OPP’s Healthy Workplace initiative to address issues of mental health and occupational stress injuries. This investment is part of the 2021 Budget, Ontario’s Action Plan: Protecting People’s Health and Our Economy. “Police personnel are among the professionals who are most likely to be exposed to occupational stress situations while protecting our communities,” said Sylvia Jones, Solicitor General. “They often put themselves in harm’s way and experience incidents that most of us will never have to face. This is why our government is stepping up to significantly enhance the mental health and well-being services and supports that are available to our valued officers, staff and their families.” The Healthy Workplace program is available to OPP officers and civilians, retired members and family members. The program’s enhancements will also allow
the OPP to provide consultation and support to its Indigenous and municipal police partners. This investment builds on recently announced initiatives to provide the OPP with the resources they need to better protect communities while safeguarding their mental health and well-being. These include the hiring of 200 new front-line OPP officers to alleviate work pressure on other staff, a $2.6-million investment to hire new OPP psychologists and other mental health clinicians, as well as the creation of a new integrated mental health support program launched in partnership with the Ontario Provincial Police Association (OPPA). Together, these initiatives respond to recommendations made by the OPP Independent Review Panel (IRP) in its final report released last year. The panel was established to examine the OPP’s workplace culture and how the force addressed staff mental health, occupational stress injuries and suicide among its members.
Peel Regional Police have not revealed the official cause of death in the region’s oldest cold case murder. Although Volpe is believed to have been shot in the head, the “holdback information” contains details only the killer or killers would have knowledge of. He was last seen alive on Nov. 13, 1983 in the company of his driver and bodyguard, Pietro Scarcella, who was classified as a “person of interest because he was one of the last people with Volpe prior to the homicide,” Supt. Marty Ottaway of Peel’s homicide bureau confirmed. The list of motives leading up to the hit are endless. He had lots of enemies and had often overstepped boundaries. Some of these indiscretions included real estate investments in Atlantic City in an area heavily controlled by the Philadelphia mob. Volpe also appeared in a CBC documentary and purchased a home from a judge, a move which made the mobster “look like he’s friendly with the wrong people” and made him “look kind of weak,” as Edwards put it. Mafia murders are steeped in symbolism. Volpe’s murder and the location his body was found may be fraught with underworld significance. “I think the symbolism of dumping the body at the airport was the mafia’s way of saying this is a foreign one,” said Edwards,
when asked about the possibility the American mob may have orchestrated the hit—another viable theory. The other barrier was that it was a high-profile mafia murder. “Right off the bat—witnesses. The cooperation from anybody is going to be very difficult, so you are going to rely on what is out there now,” said Peel homicide Insp. Todd Leach. The cold case is still being actively investigated, particularly with the advancements of forensic science and DNA “to see if there was any evidence seized back then that would be worthwhile putting forward again.” However, science alone may not solve this cold case. Investigators believe someone may have information about the underworld hit. “Maybe there were some people scared to talk before but are out of that life now and want to come forward,” added Supt. Ottaway. As for Scarcella: “There is a lot of stuff he could tell that he won’t tell,” concluded Edwards.
COLD CASE Blue Line’s Cold Case Series:
OUT OF THE COLD File #7: Volpe Case Peel’s Oldest Unsolved Homicide BY STEPHEN METELSKY
During the U.S. Senate’s 1963 McClellan Commission on organized crime, the star witness was the first prominent mobster to break the code of Omerta. Joseph Valachi, a soldier in New York’s Genovese family, revealed the two dominant figures in Canada’s mafia with links to Buffalo’s Magaddino clan: John Papalia from Hamilton and Paul Volpe from Toronto. “Papalia and Volpe did not get along at all. They were like two guys vying for one job,” said Peter Edwards, an organized crime writer with the Toronto Star who described Volpe as an “arrogant” guy with a short list of friends. Almost 20 years to the day from the 1963 senate hearings, Volpe’s tumultuous tenure in the mafia came to a violent end. On Nov. 14, 1983, police found the mobster’s fetal-positioned body stuffed in the trunk of his wife’s leased BMW. It had been abandoned in the terminal parking at Toronto’s Pearson airport. 8
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Anyone with information about this case can contact Insp. Todd Leach of the Peel Police Homicide Bureau at 905-453-2121 ext. 3200 or anonymously at Crime Stoppers: 1-800-222-TIPS (8477).
Stephen Metelsky, M.A., is a writer, (ret.) police sergeant and professor at Mohawk College. Find him on LinkedIn, follow him @StephenMetelsky or email Stephen.Metelsky@mohawkcollege.ca.
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NEWS DISPATCHES
CALENDAR
Deputy Chief Kevin Beaudoin of the LaSalle Police Service in Ontario retired after 35 years of service. Beaudoin joined the Windsor Police Service in 1986 before becoming a member of the Sandwich West Police Force in 1989, which then became the LaSalle Police Service in 1991. He was appointed deputy chief in January 2019. Throughout his career, Beaudoin served in several areas including community patrol, marine patrol, as a community liaison officer. He also worked in the criminal investigations division and in administration. Beaudoin is a graduate of St. Clair College, University of Toronto’s Rotman School of Management - Police Leadership Program and is the recipient of the Governor General’s 20-year and 30-year Exemplary Service Medals. He retired on March 26.
In March, Chief Constable Del Manak was officially sworn in as a member of the Canadian Association of Police Chiefs’ Board of Directors representing the province of British Columbia. Manak started his policing career with four years of service with the Vancouver Police Department. He joined the Victoria Police Department in 1993, where he has served in a variety of sections and roles. He was promoted to the rank of inspector in 2006 and served as the officer in charge of human resources for more than three years, where he hired more than 60 officers. Manak then oversaw the Patrol Division until he was promoted to deputy chief constable in 2010. He was promoted to chief constable on July 1, 2017.
On March 5, Cpl. Darryl Orr presented Thomas Peter Robinson, a Commissionaire, with a special plaque recognizing 16 years of dedicated professional service to the Royal Canadian Mounted Police in both Salmo and Nelson, B.C. Thomas served the local RCMP detachments in many capacities, including as the detachment cell block guard and even as a custodian. He is also celebrated for the variety of community work he performs in Salmo, B.C. Thomas is set to receive his Long Service Medal award for his 17th year of completed service.
Former Woodstock, Ont., Police Chief Ron Fraser passed away in April. Fraser began his career as an officer and retired as chief of police in 2009 after serving for 34 years with the Woodstock Police Service. He served as a city councillor from 2010 to 2014 and was again elected in 2018 after leaving the 2014 race with a cancer diagnosis. Fraser passed away on April 4 at the age of 71.
John Lo was promoted to chief constable of the West Vancouver Police Department in March. He brings over two decades of police experience to the role and is the first internal promotion to the top seat in 17 years. Lo has been a member of the WVPD since 1995 when he was hired as a reserve constable. He then moved into the role of patrol constable in 1996. Since then, he has worked in Patrol, Surveillance, Records, Major Crime Investigations, the Vancouver Police Homicide Team, Professional Standards, Operations and Administration. Lo holds a bachelor’s degree in psychology from Simon Fraser University and is currently pursuing a master’s degree of arts in conflict analysis and management through Royal Roads University. He assumed the role of chief constable on March 1 and will be leading the development of the department’s 2022–2026 strategic plan. @Blue_LineMag
The Nova Scotia RCMP announced Cpl. Chris Marshall as the new bilingual Provincial Public Information Officer (PIO) in April. He joined the RCMP in 2011 and, after graduating from “Depot” Division in Regina, Sask., was posted to general duty policing in Shelburne, N.S. He transferred to Cheticamp in 2013, then to Kingston in 2015. After having completed seven years of general duty policing, Marshall began a new role with the Valley Integrated Street Crime Enforcement Unit (VISCEU) in 2018. VISCEU includes members of the RCMP and Kentville Police Service and is based at the New Minas RCMP Detachment. The RCMP announced his new appointment on April 6.
PROMOTIONS, RETIREMENTS, RECOGNITION • If you have an officer in your agency recently promoted or retiring or an individual you wish to have recognized (major award or recently deceased) you can let Blue Line magazine know by emailing: bcharlebois@annexbusinessmedia.com.
NOTE TO READERS: check with all organizers as COVID-19 continues to affect events.
Tracking Domestic Violence Perpetrators Webinar May 5, 2021 Virtual blueline.ca Bi-weekly Laurier Webinar Series May 11- June 22, 2021 Virtual online.wlu.ca/webinars 12th Annual Law of Policing Conference (East Coast edition) May 6-7, 2021 Virtual canadianinstitute.com FutureCon: Toronto CyberSecurity Conference May 12, 2021 Toronto, Ont. futureconevents.com American Association of Police May 17 - 21, 2021 Cleveland, OH americanassociationofpolice polygraphists.org CANSEC 2021 June 2-3, 2021 Ottawa, Ont. defenceandsecurity.ca Canada’s 911 Ride – Atlantic 2021 June 12-13, 2021 Truro, N.S. canadas911ride.com International Association of Directors of Law Enforcement Standards and Training 2021 Conference June 13-16, 2021 Fort Worth, Texas www.iadlest.org Tenth National Conference on Critical Perspectives in Criminology and Social Justice: Responsibility June 17-18, 2021 Quebec City, Que. www.criticalcriminology.ca Find more calendar events online at blueline.ca/events.
May 2021 | BLUE LINE
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Q&A Amy Ramsay is the past president of the International Association of Women Police and the founding president of the Ontario Women in Law Enforcement. An advocate for increased education standards among law enforcement professionals, Ramsay retired on June 30, 2018 as a sergeant with the OPP. She holds various undergraduate, master’s and doctorate degrees in a wide-range of policing-related areas.
I
n a recent Blue Line, The Podcast, Ramsay joined editor Brieanna Charlebois for a conversation on the importance of education and diversity within the Canadian police service. The following is an excerpt from the podcast.
also shows how valuable the community can be in assisting them with investigations. Education also helps officers identify best practices and understand the reasons why practices either work or don’t work. Finally, education builds better leaders and there’s lots of research about that. Times have changed and education standards must change with it. It’s become increasingly clear: we need to hire officers with university undergraduate education and we need to hire more women.
Q: Why do you feel education among police officers is important?
I don’t think there’s anything more important in policing these days than the topic of education. It will be the key component to the necessary changes we’re going to see in policing, hopefully soon. I was reminded of an article that I read in the Toronto Star in March 2018. The author wrote, “The quality of policing is on the decline and a cultural shift is needed.” Three years later, those words bear more truth than ever before. Policing definitely needs a cultural change. I don’t think anyone will disagree with that, but that’s only going to come from higher educational standards. The other piece of this is the need to hire more women. We certainly know modern policing is founded on public trust and we need that public trust to be maintained. Unfortunately, that trust gets tested when police cause the death of a civilian or there is injury to a civilian, or the police behave in a manner that falls below the professional standards. Education is the key. We must realize that we’ll never change the culture in policing without changing the educational standards. If you look up policing standards for Ontario, you’ll see you only need a high school diploma or equivalent. That standard is far too low. It’s fair to say that many police departments 10
BLUE LINE | May 2021
Amy Ramsay
are hiring recruits with degrees, but we have to make it a standard. It has to be the starting point because, for too long, we’ve accepted people who simply don’t have the necessary skills to deal with what they are faced with out in the field and that’s what’s led to a lot of the problem facing police today.
Q: How do you think education can translate and help officers in the field?
In 2020, two American researchers suggested there are five reasons why police officers anywhere should have a university degree. They include things like educated officers are less likely to use violence. They’re also more likely to be problem-oriented, which means you are better equipped to identify the crime strategy within the community. Education also enables officers to relate better with community because, quite often, during their studies they were involved with the community. This gives them a better feel for what happens in the community, but it
Snapshot of Amy Ramsay career
1989
Ramsay joined the Peel Regional Police Service in Brampton, Ont.
1996
Ramsay founded the Ontario Women in Law Enforcement
This episode of Blue Line Podcast was sponsored by Wilfrid Laurier University. To listen to the full podcast, visit blueline.ca/podcast.
Q: Why is it necessary and what are the benefits of hiring more women?
Since the 1970s, women have entered policing with significantly higher education than men and they’re more likely to use communication rather than force to solve problems. They tend to be far better at communicating in de-escalation situations, which is so important in any confrontation with police today.
Q: If an officer is looking to get an education, where do you think they should start?
You need to have a mix of social sciences and police learning. Policing skills are necessary but psychology, sociology and related studies are essential to a well-rounded education. You have to master a lot of things when you’re in the field. A large part of that is knowing how to deal with and understand people and situations so you’re not getting in constant confrontations. The benefit of a well-rounded education is preparing officers for the difficult circumstances that are bound to arise. Editor’s Note: This interview has been edited for clarity.
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BEHAVIOURAL SCIENCES BY PETER COLLINS
The psychology of arson: Part one
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rofiling a fire setter is difficult because the characteristics of arsonists are often too general. Some arsonists are emotionally-based, others are goal-directed and some are a combination of the two. The size of the fire has little to do with the motivation of the arsonist. Perhaps the most challenging aspects of arson investigations is determining the arsonist’s intent and motive—the impulse, reason or incentive that causes this behaviour. In this two-part series we will examine the more common offender-based motives of the fire setter. According to the National Fire Protection Association (NFPA), arson is the crime of maliciously and intentionally or recklessly starting a fire or causing an explosion. An incendiary fire is when the fire is intentionally ignited in an area or under circumstances when/where there should not have been a fire. Mass arson involves an offender who sets three or four more fires at the same site or location within a limited time frame. Spree arson occurs when the three or more fires are set at separate locations with no emotional cooling-off period in between. Serial arson involves an offender who sets three or four more fires with a cooling-off period/delay between fires.
Excitement-motivated offenders
The excitement-motivated fire setter is excited by the actual fire setting and very often the activities surrounding the fire suppression efforts. The thrill could also include the pathological need for attention. Unlike other fire setters, these individuals may stay on the scene in order to be in a position to respond to the fire and become a “hero”. Some will mingle in the crowd to watch the fire and/or return later to assess the damage. Typically, vegetation, stacks of lumber, construction sites, dumpsters and abandoned properties are targeted, but occupied residential property may be as well. A match/cigarette delay device is often used especially for vegetation fires but simple incendiary devices can also be utilized. Typically, these offenders are adolescent or young adult males. They may already have a history of “nuisance” offences and are perceived by others as being socially inept. They are known to keep journals, notes, records and maps documenting the fires as well as newspaper articles about the 12
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fires. They often have police/fire scanner apps on their smart phone as well. I have been consulted on cases where the fire setter turns out to be a member of the volunteer fire department in their community. In the 2016 book, The Arsonist Profiles: Analyzing Arson Motives and Behavior, author Ed Nordskog writes that many firefighter arsonists are “well regarded, gung-ho types” who are peer group leaders and viewed as adrenaline junkies within their departments. They consider their job as a firefighter more like a religion than a profession. Another trait, Nordskog notes, is that some have a history of immature behaviour and aggressive driving histories.
Vandalism-motivated arson
Vandalism-motivated arson is malicious or mischievous fire-setting that results in damage to property. Sometimes the fire will be set whenever the opportunity arises, but most are set after school/work hours or on weekends. Typically, they will use available material to set fires with matches or cigarette lighters. Due to using available material, fingerprints and shoe prints are often left behind, as well as matches, cigarettes, fireworks and spray paint cans if “tagging” was involved. Vegetation, residential areas and schools are common targets. The vandalism-motivated arsonist may not just be a single offender; sometimes they are a group of juvenile males who likely still live at home with their parents. The offender(s) may already be known to the police. Typically, they live within 1.5 kilometres from the crime scene and walk or ride their bikes to the scene. Usually, they will leave the scene after setting the fire and often won’t return to watch the firefighting activities that generates. Authors of Kirk’s Fire Investigation -Eighth Edition, David J. Icove and Gerald A. Haynes, found that, on average, vandalism arsonists will be questioned twice before being arrested and charged. They tend to minimize their responsibility and externalize the blame.
Revenge-motivated arson
Revenge and spite motivated fires are set in retaliation for a real or imagined injustice perceived by the offender. Revenge can also be a component of vandalism fires and some researchers assert that revenge is a motive in all arsons to some degree.
The victim generally has a history of interpersonal or professional conflict with the offender (landlord/tenant dispute, employee/employer, lover’s triangle etc.). The fires can be set months or years after the precipitating incident. Former intimate offenders frequently burn clothing, bedding and/or personal effects. Female offenders often target something of significance to the victim, such as their vehicle or personal effects. Societal revenge fire setters often target institutions, government facilities, corporations and universities. Revenge arsonists tend to have below-average intelligence and often commit the crime in a highly-emotional state while under the influence of alcohol. According to Icove and Haynes, the offenders are predominantly adult males who live in a rental property. They are often considered “loners” and have a history of unstable relationships. Often, they have had previous law enforcement contact for break and enters, theft and vandalism. Revenge and spite motivated fires are some of the more serious arsons, typically due to the emotionality involved.
Pyromania
Pyromania is quite rare. The motivation for setting the fire is sexual—some even masturbate after setting the fire. In the past 35 years, I have only had one case involving an individual who was sexually aroused by setting fires and by calling 911 in order to see the response. After he was arrested, charged and paraded before the bookings sergeant, he was allowed a phone call. He called 911 to report a fire. Part two of this arson series will discuss crime concealment arson and profit-motivated arson.
References
Icove, D. & Haynes, G. (2018) Arson Crime Scene Analysis. Kirk’s Fire Investigation -Eighth Edition. New York: Pearson; National Fire Protection Association (2017) Fire and Explosion Investigations. Nordskog, E (2016) The Arson Profiles analysing arson motives and behavior. North Charleston, NC: Separate Space Independent Publishing; Sapp, A. et al (1996) A Report of Essential Findings from a Study of Serial Arsonists. National Center for the Analysis of Violent Crime, FBI Academy: Quantico, VA.
Dr. Peter Collins is the operational forensic psychiatrist with the Ontario Provincial Police’s Criminal Behaviour Analysis Section. He is also a member of the crisis/ hostage negotiation team of the Toronto Police Service Emergency Task Force. Dr. Collins’ opinions are his own. Contact him at peter.collins@utoronto.ca.
www.BlueLine.ca
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COVER STORY
Betting on Crime
How organized crime thrived during the COVID-19 pandemic By Brieanna Charlebois
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o n v i c te d m o b s te r Pasquale (Pat) Musitano was shot dead in broad daylight at a plaza in Burlington, Ont., last July. Musitano, 53, was a well-known fixture in Ontario’s organized crime scene for years, perhaps most famously recognized for being found guilty in the 1997 deaths of Hamilton mob boss Johnny Papalia and his underboss Carmen Barillaro. Though his death was unsurprising (there had been a string of violent murder attempts prior), it marked the end of an era in organized crime in Canada. His funeral, on the other hand, held in the midst of the global pandemic, almost went unnoticed. Such discrete (often virtual) mourning symbolized a shift in new realities and, in many cases, new opportunities for local and international organized criminals amid the COVID-19 crisis. With stay-at-home orders in effect, Statistics Canada reported online spending, social media usage, messaging and online streaming had significantly increased since the pandemic began. This migration online provided criminals more
access and opportunities for fraud and cybercrime than ever before. So, while the vast majority of crime rates declined in Canada last year, experts say organized crime groups displayed immense adaptability in the face of the pandemic, actively expanding activities and preying on the vulnerabilities of a scared and financially struggling population. “The internet, smartphones and social media are breeding grounds for crime,” said criminologist and organized crime author Stephen Schneider. “Covid definitely sped this up but even if covid didn’t emerge, the internet and social media would have still become an increasingly prominent platform for organized crime and fraud.”
The Rise of Online Gambling
For nearly a century, gambling has been considered one of the biggest “money-makers” for organized crime. Mafia expert Antonio Nicaso, an author of more than 30 books about organized crime, explained that the Temperance Act of 1878, which provided for a national framework for prohibition, was a springboard for organized crime.
Mobster Pat Musitano, 1996. CREDIT: HAMILTON POLICE SERVICE
While the vast majority of crime rates declined in Canada last year, experts say organized crime groups displayed immense adaptability in the face of the pandemic, actively expanding activities and preying on the vulnerabilities of a scared and financially-struggling population. 14
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“That was the moment when [criminals] were able to create a network and then, after the Temperance Act was repealed, they started focusing on gambling, which quickly became their main source of income,” Nicaso said. While the organized crime landscape looks much different today, gambling remains a major player for crime syndicates. Increasingly popular online gambling forums simply provide additional revenue streams. “The majority of mob violence, particularly in the last five to seven years, specifically in the GTA and golden horseshoe, can be linked to gambling,” said organized crime specialist Stephen Metelsky. He said online sports betting, specifically, provides a lucrative profit margin in the underworld. So, after shutdowns and major sports leagues faced schedule shrinking, gamblers began placing bets on virtually anything, even chess. “One of the main characteristics of organized crime is that it is always adapting,” said Nicaso. “The risk now is that organized crime groups can exploit the crisis for their own purposes.” To comply with public health measures, provinces and territories closed casinos, bingo halls, VLT networks and horse racing, creating an opening for underground casinos. www.BlueLine.ca
“If you compare gambling to drug trafficking, you can see that gambling is usually the second source of income for most organized crime networks,” said Nicaso. “Though drugs are still the most profitable, if you compare risk and reward, cost and benefit, gambling is probably their best source of income.”
IMAGE:RAWF8 / ISTOCK/GETTY IMAGES PLUS / GETTY IMAGES
Calls for Legislative Action
“If you’re working in the criminal underworld, you don’t necessarily abide by COVID-19 restrictions,” said Schneider. And so, several lavish, invite-only illegal casinos began popping up in the GTA. During an October press conference, after a team of 92 tactical officers from the York Regional Police (YRP), OPP and Durham forces shut down a Markham illegal gambling venue, YRP Supt. Mike Slack confirmed that illegal gambling spots had prospered after the province shut down legal casinos. He said the illegal gambling spots are run by a variety of crime groups including “old school mobsters” and biker gangs. Yet another incident confirming the continued persistence of illegal gambling rings occurred in February when Harry Lainas, a longtime Hells Angel biker with the Simcoe South charter, was shot to death in a parking garage in Toronto after an ongoing dispute over control of illegal gambling in the area.
The Role of Technology
Since the technological boom, online platforms have been one of the fastest growing spaces for organized crime. Confirming this, Schneider added that the use of technology by organized crime networks is not, by any means, a new concept. “Canada was always part of a transcontinental bookmaking net@Blue_LineMag
“One of the main characteristics of organized crime is that it is always adapting. The risk now is that organized crime groups can exploit the crisis for their own purposes.”
2%
of Canadians 15 years and older considered themselves problem gamblers, the 2018 Canadian Community Health Survey suggests.
work, which is what actually initially brought Canada into the American crime network,” he said. “Most of the illegal gambling in Canada is bookmaking, which has increasingly been done via encrypted text messages, emails and telephone calls. COVID-19 didn’t really affect that at all because it was largely being done virtually anyway.” Perhaps the most relevant example of technology being used by organized networks in Canada is the Rizzuto crime family in Montreal, who were some of the first to conduct business through encrypted messages on BlackBerry smartphones. In 2014, Quebec police used more than a million intercepted BlackBerry messages between alleged mobsters to break up two violent Mafia groups involved in drug trafficking and who engaged in arson and kidnappings to prevent rivals from treading on their territory.
Nicaso explained organized criminals “love Canada” because of lenient sentencing laws and because it is has some of the “most opaque” laws for identifying owners of private companies. This allows criminals to invest and launder money with more ease than in the United States or Europe. He said every major criminal organization has a branch in the country and emphasized the Mafia’s continued existence in Canada can be credited to their ability to create a “network of trust” among elite members of society. “They are people capable and willing to use violence, but the Mafia exists in the grey area. They use social capital by creating a vast network that connects the underworld to the outerworld,” he said, noting that, to combat organized crime in Canada, these connections must be severed. Organized criminals were affected by the pandemic, but it didn’t slow them down. It simply showcased their resilience, commitment and adaptability. While police have continued investigating networks and enforcing the law, increased online activity continues to present new and seemingly ever-changing challenges. When asked about this, Nicaso was clear: change will only occur through political will and legislative action. “Criminals benefit from a growing web-based society and we’ve seen that very clearly over the past year,” he said. “So, as long the pandemic persists, so will these issues because law enforcement can’t win the fight against organized crime without the help of the government and updated legislation.” May 2021 | BLUE LINE
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MENTAL HEALTH
Stress Injuries, Stigma and Early Warning Signs By Colleen Stevenson This is the first part of a two-part series on stress injuries and their warning signs. Part one focuses on the stigma surrounding stress injuries for law enforcement officers as well as the warning signs and possible indicators of a stress injury or PTSD. Part two will focus on defining what is and is not PTSD, as well as evidence-based treatment for stress injuries.
Terminology
Terminology is important. When discussing stress injuries, professionals often try avoid the word ‘disorder’. An injury originates outside of you (it happens to you), while a disorder is too often thought of as originating from within you. It is far too easy to take the next step in your thinking and blame yourself for being “weak” or 16
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“not strong enough” to handle the repeated exposures to traumatic incidents. This is not correct. It’s not about character. Post traumatic stress injuries happen to all sorts of people, including those who are strong, capable, driven, motivated and fierce. Put very simply, a stress injury is a cluster of symptoms that point to a stress response system stuck in overdrive, unable to relax. For example, when a car’s RPMs are too high, the engine will start to break down. In the same way, people with a stress injury are “revving too high”, which often impacts every aspect of their life. Just as you would want to take your car to the mechanic if the engine were revving too high, you need to seek treatment quickly for stress injuries. Stress injuries are treatable. Together with a mental health professional who specializes in PTSD, you can figure out where you are “stuck”, take steps to bring stress levels down and allow natural recovery to occur. This is not to suggest that it is simple or that it is not a profoundly painful struggle because neither of those is true. Post traumatic stress injuries can wreak absolute havoc on your life. The
point is that the symptoms are treatable and there are also tools you can use to protect yourself.
What to do
The first step is to educate yourself about post traumatic stress and become familiar with some of the early indicators. Pay attention to your body, thinking patterns, emotions and social life. Here are some examples of indicators and what they may look like: Physical indicators • You carry a lot of muscle tension, back pain or start grinding your teeth; • Your sleep patterns are changing significantly—waking frequently, struggling to fall or stay asleep, having disturbing or consistent nightmares, not feeling rested upon waking; • Your sex drive changes—low libido, hypersexuality or erectile dysfunction; • Your menstrual cycle changes for no obvious reason; • You experience significant changes in digestion; • You experience a marked change in your appetite (overeating or skipping meals). www.BlueLine.ca
PH0TO: © IPOPBA / ADOBE STOCK
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aw enforcement officers are often exposed to traumatic incidents through their work. In simple terms, an incident is traumatic if it was distressing, especially when the individual had no choice in the experience; if it was unexpected, overwhelming and/or if they felt powerless over the situation and were unable to stop or prevent it from occurring. So, does the very fact that your work requires you to put your life on the line and repeatedly expose yourself to traumatic incidents mean that you will be impacted? Yes and no. You will have some level of post traumatic stress but, this will not necessarily develop into a post traumatic stress injury like PTSD.
Mental indicators • Lose focus on your goals (and get down on yourself for your lack of motivation); • Imagining things you have been exposed to at work happening to the people you love (i.e. children or spouse); • Zoning out for hours on end; • Difficulty with focus, concentration or retention of information; • Struggling to let things go, endless rumination; • Begin taking more and more risks (e.g. reckless driving, instigating arguments, abusing substances, unprotected sex with strangers). Emotional indicators • Loss of enjoyment in things that used to be fun or pleasurable; • Easily overwhelmed by routine tasks; • Begin questioning people’s intentions/ words, even those closest to you; • Feeling separate from your loved ones, like you are on the outside looking in; • Loss of interest in your appearance, fitness health or wellness; • More irritable, angry or impatient than you used to be; • Feeling nervous in new settings and will actively scan for exits, threatening faces or suspicious behaviours; • Startling easily.
PH0TO: © LKESKINEN / ADOBE STOCK
Social indicators • Withdrawing from social circles—not returning messages, backing out of plans, missing family functions; • Find yourself increasingly saying “F*@? it - I’m out!!” when friends or potential friends disappoint you (when you would have cut them slack previously); • Wanting more and more time alone, which can often mean staying up late and compromising on sleep; • Seeking distractions (e.g. overworking, shopping, pornography, drugs or alcohol). Drop the idea that self-care is a negotiable. It isn’t. If you want to do this work, you have to be mindful, actively and consistently, and make a concerted effort to take care of your body, mind and spirit. Learn to rest when you need to. Cut yourself slack on at least one of your days off. Follow your body’s lead. Nap if you feel you need it, stretch if you feel stiff, go for a run if you feel want to move, eat peanut butter out of jar with a spoon if you don’t want to cook... just drop the push! @Blue_LineMag
“It’s not about character. Post traumatic stress injuries happen to all sorts of people, including those who are strong, capable, driven, motivated and fierce.” Work to build pressure releases into your life. How you release pressure is up to you and everyone will be different, but here are some ideas to start you thinking: • Cardio workouts; • Laughter—a really good, long belly laugh; • Physical affection with your partner, your children, your pets; • Saunas; • Cold water swims or showers, year round; • Mountain biking; • Motorcycling. Find a focus outside of your job where you can work toward mastery. Mastery is about goals, improvement and feeling a sense of accomplishment. It’s not about competition with others. It doesn’t have to be anything profound or time consuming and it certainly doesn’t have to make sense to anyone else. Hit that archery target, rebuild the engine on a collector’s car, bake a cheesecake, bench press 200lbs, learn to tango, play the electric bass, grow the best cherry tomatoes... master something, anything that you love. Then, once you’ve mastered that, try something new and do it all over again. Lastly—and most importantly—build your social life. Research suggests that this
is the most critical protective factor. Focus on your relationships from the most intimate to the most casual. Forget the immaculate house and yard and, instead, spend time with the people in your life. Take your partner on dates. Call your family. Visit a friend you haven’t seen in years. Take the time to chat with neighbours or clerks at your local shops. Bit by bit, all of these interactions weave you into a safety net of social affiliation. Humans need this. We are social animals, not solitary animals. Once you have that safety net of social affiliation, if/when things do go sideways, you’ll feel comforted knowing that people have your back in both small and significant ways. What you do for a living is honourable and difficult work. You will inevitably be exposed to horrible events and that will take a toll on you, but you can take steps to seek help early and manage the impacts. When things get challenging, always remember: it’s not about character. Colleen Stevenson is a clinical counsellor based in Victoria, B.C., specializing in the treatment of PTSD. Prior to counselling, she worked as an educator and graphic facilitator and worked in Ghana, Mexico and with Indigenous communities across North America. She was also the trauma counsellor at a maximum-security jail.
May 2021 | BLUE LINE
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INVESTIGATION
Project Switch
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ne Sunday in March, detectives from the 52 Division of the Toronto Police Service convened at a bus station and coordinated a plan. They had received intel that a taxi driver, who had been scamming patrons, would be parked at a local bus station, waiting for customers. Det. John Maciek, who has been a lead investigator since the scams became commonplace in Toronto, said the team quickly located and began tailing the suspect. Pretending to be a customer, D/ Const. Nicole Ozretic got in the his cab. “She had a non-functioning debit card and told him to drive her to a predetermined location and paid with the debit card. He switched her card for a fake one and, of course, he was then arrested,” said Maciek. “We also found quite a few cards inside the car along with the point of sale terminal.” This recent arrest is just one example of an ongoing investigation by Greater Toronto Area (GTA) police. The taxi scam, which seemingly originated in Montreal, migrated and began popping up in Toronto around 2015. Taxi drivers began using a payment machine to attain a customer’s PIN number
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and, once the number was captured using a rigged terminal, a fake debit card would be switched with the real one and given to the customer. The scammers, then armed with the real card and pin number, would deplete the victim’s bank account. Maciek said the first offender that really caught their attention and tipped them off to the scam had been “prolific”. Around 2015, several victims came forward explaining how they were bilked out of tens of thousands of dollars by a taxi driver. “The issue was he was always changing his appearance so whenever we’d get footage, he’d look different,” said Maciek. “We were lucky because we got a tip from a Peel officer, were eventually able to confirm all the information and obtain a search warrant.” In September 2017, police arrested the Scarborough man, Adnan Jahangir, then 44, and charged him with more than 180 counts of theft, fraud, unauthorized use of credit card data and property obtained by crime. At the time of his arrest, police confirmed they had begun investigating Jahangir’s taxi debit-card scam in 2015. In the years that followed, a trend emerged. A driver would be caught and
charged, the operation would seemingly die down and then, slowly, it would start up again. Maciek said scammers targeted Toronto’s Entertainment District initially. Most victims were young (20 and 30-yearolds) and often intoxicated. This meant they were less likely to notice their card had been switched and often found it more difficult to remember and describe drivers. Maciek also noted drivers often worked with a handler who would be given the stolen card as well as the downloaded data from the point of sale terminal so they could access the victim’s funds. Typically, the driver would be given a certain amount of money for every card he brought in. Soon, it turned into a long-term, collaborative investigation among officers from 14, 51, 52 and 55 Divisions of the Toronto Police Service (TPS) as well as members of the Peel Regional Police and various financial companies. The operation was dubbed Project Switch. “A few departments started comparing notes because we were running into the same issues,” said Maciek. “So this really became a team effort with officers from all the divisions using their investigative skills www.BlueLine.ca
PH0TO: © VINCENT / ADOBE STOCK
A taxi fraud investigation By Brieanna Charlebois
and training to net results. Officers gathered information and shared occurrences with each other. If we had something that was important, we called each other.” He said they “got lucky” in several cases, identifying scammers through fingerprints. “We were always cautious to approach the taxi company agents because we weren’t sure whether they were in on it, so we’d often only approach or ask them if we identified a car,” said Maciek. “Usually we’d ask the [victims] for the card they were given in place of their own or the receipt and we’d submit those for fingerprints.” The joint-investigation yielded widespread success. The group of Fraud and Financial Crimes investigators, including Maciek, D/Consts. Jas Chahal and Mickael Ferreira of 14 Division, Phillip Gayle of 52 Division, Francis Young of 55 Division and Elliott Lee of 51 Division, were even recognized with Investigative Partnership of the Year awards (presented by International Association of Financial Crimes Investigators) in March.
@Blue_LineMag
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The rise of ride apps resulted in the taxi industry suffering, likely resulting in desperation from taxi drivers, who then turned to fraud to compensate for their losses. Maciek said much of the officers from other divisions have since begun focusing on other projects, but the 52 Division, including Maciek and Gayle, with the help of Const. Ozretic and Const. David Byun, continued the work. He said that though the pandemic resulted in less people using car/ride services, it didn’t slow the scammers for long. They simply got creative. They began using a new approach: cab driver-passenger teams. “They started approaching people in parking lots and the passenger would ask people to help, saying they only had cash and
the driver refused it due to COVID-19. So, lots of people thought they were being a good Samaritan by using their card to pay the fare in exchange for cash, but the driver would switch the cards and they often wouldn’t notice until they tried using it later on.” He said he doesn’t see the scam going away any time soon. At the time of publication, his team was still actively pursuing five scammers. The rise of ride apps resulted in the taxi industry suffering, likely resulting in desperation from taxi drivers, who then turned to fraud to compensate for their losses. But, as Maciek was quick to point out, this isn’t all taxi drivers. “While Uber has taken over, people have continued taking taxis and I still encourage people to continue using taxi services. I feel for the guys who are just trying to make an honest living because these [fraudsters] are stealing that from them,” he said. “That said, we’ve been really trying to get the word out to the public and will continue telling people to be cautious and to not hand over their card.”
May 2021 | BLUE LINE
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2021-04-15 11:09 AM
HEALTH & WELLNESS
BY ISABELLE SAUVÉ AND BRUNO SEGUIN
Holding others accountable
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cessful work environments are built on best managerial techniques, strong leadership and trust that allows employees to thrive and adopt self-accountability. Accountability in the workplace is about ownership, commitment and initiative. At its best, it’s embedded as a core part of the culture, units and teams. It ought to enhance a strong sense of cohesiveness, teamwork and engagement. Accountable workplaces are organized around high performing teams with core values such as trust and respect that consistently demonstrate ownership and promote those values. The challenge is for the organizations that have subsisted with the competencies of “holding others accountable” at the center of their promotion process, rather than a process based on managerial competencies. Indeed, management is more about showing accountability than holding others accountable. It’s about working with others rather than making others work for you. Of course, managers must discipline at times, but as long as it’s done correctly, it should provide the support needed to re-engage, motivate and empower employees. Putting people first is critical. Difficult conversations must be had on occasion but “holding others accountable” cannot be interpreted. Actively looking for ways to demon-
There is a fundamental difference between asking individuals to be accountable and asking people to hold someone else accountable.
strate a competency and jumping at any opportunity to look good at the expense of others would only negatively impact the morale of a larger group. So, those in supervisory roles must receive training on how to properly and constructively manage others in a way that builds employee confidence and respect. Respected CEOs recommend leaders promote autonomy, relatedness and competence. For instance, reframing deadlines and goals as vital milestones rather than using techniques for “holding people accountable”. Helping people align their work with meaningful purpose and values promotes relatedness and is inherently rewarding. Develop competency by asking the right questions. Ask, “what will help you build on your skills?” or “what did you learn?” rather than “what did you get done?”. The most effective leaders develop an alliance with members. They have the ability to create relationships and cultivate an environment where members are highly committed, want to contribute and be productive. It also creates the framework that allows members to become internally motivated to work hard so they don’t let their leaders down. If we want our members to engage, be respectful of the organizations and their management, we must foster an environment that inspires employees to take ownership, learn, work better and achieve more.
Isabelle Sauvé is a 13-year veteran with the OPP, currently with the Lanark County Detachment. She has a MA in psychology and is a PhD candidate. She is also an ultramarathon/endurance athlete and the Racing the Planet/4 Deserts 2018 Series winner as well as a Guinness World record holder. She can be contacted at: isabelle.sauve@hotmail.com. Bruno Seguin is a senior executive manager and international business consultant with experience in global operations, international business development, strategic planning, leadership and corporate governance. He is also an ultra-runner, 9th place finisher at the Racing the Planet/4 Deserts 2018 Series and fellow Guinness World record holder.
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or years, law enforcement agencies have utilized a competency instrument for advancement opportunities that is dependent on “holding others accountable”. Unfortunately, this key performance indicator (KPI) reflects an organization that promotes individuals who prioritize their own career paths over those of their colleagues and the organization itself. This competency, perhaps misunderstood, has had a detrimental impact on morale and has fostered widespread distrust. The birth of this excessively used competency also reflects the inability for an organization to create an environment where people take ownership. There is a fundamental difference between asking individuals to be accountable and asking people to hold someone else accountable. This difference sits in the culture of the organization. Indeed, lack of accountability is a cultural problem. It’s unlikely that asking people to hold others accountable in order to climb the corporate ladder would change this. If anything, it is likely to exacerbate the fact that the more willing someone is to participate in this process, the less likely they are to have the right competencies and aptitude to lead and manage effectively. Accountability in a work environment means employees have a strong sense of responsibility for their actions and behaviours, and thus their decisions and performance. It is also correlated to heightened commitment and morale, which inevitably leads to greater performance. A “lack of accountability” is rarely intentional. More often, it stems from underlying issues such as unclear roles and responsibilities, inadequate resources, lack of communication, poor strategy or unrealistic goals—all factors related to management education, training and competencies. The most suc-
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HOLDING THE LINE BY MICHELLE VINCENT
I
n policing, we have various partners that support the delivery and execution of our mental health resources. We have peer support and critical incident stress management. We have a human resource team and some organizations and associations also have their own in-house psychological team. More recently, some have even added another component to their mental health team by hiring companies that support and aid in the process of assessing which mental health resources might be necessary and fit best within the organization and for their members. While many organizations have worked to implement mental health programs, gaps in connecting the appropriate resources to members persist. Recognizing these challenges, one organization has created a service platform that fills many of these existing gaps. Dalton Associates is a mental health group that has gone above and beyond in their goal of bringing greater accessibility to quality, safe and timely psychological and mental health services. The goal is to provide clients with a individualized, client-centric and culturally-attuned approach with the purpose and goal of supporting first responders in coping with complex mental health challenges that require longer-term interventions. Dalton has also customized their approach to program development, specifically with first responder groups in an effort to dissolve any limitations that may exist. The needs of the members, the organization and their communities are all considered. Their care navigation/management team is also implemented to ensure they don’t duplicate existing services and avoid “siloing” services further. Their care managers specialize in navigating and customizing plans of support specifically for first responders. So, to ensure optimal results, they work with the clients for the entirety of their time in the program. The care 22
BLUE LINE | May 2021
managing process becomes an intervention in and of itself, and the clients become part of that operational team of mental health supports. So, what does this type of team access mean for first responder organizations and associations? We know that navigating members to mental health supports when someone is struggling with various mental and social challenges often adds to the distress they are experiencing— actually, this is difficult to navigate even for those who are well. Care navigation is a unique, wraparound solution that takes the guesswork and legwork off the member’s shoulders to ensure they are being provided with the care they need, virtually eliminating barriers to service. From an organizational perspective, it means those organizations and associations are committed to delivering leading, cutting edge mental health care to their members. Through clear action, it shows their members they are valued. First responders who feel they are valued and supported from a social perspective have a much lower risk of experiencing Post Traumatic Stress Disorder (PTSD) than members who do not feel supported and/or valued. Providing this concierge approach speaks volumes and becomes an insurance
“Care navigation is a unique solution that takes that guesswork and legwork off the member’s shoulders to ensure they are going to get the care they need, virtually eliminating barriers to service.”
of sorts for if and/or when we need mental health care. Approaching mental health for first responders and uniform personnel takes a committed, collaborative team to be successful. That team should be comprised of first responders, mental health organizations (both inpatient and outpatient), psychoeducational trainers, licensed psychologists and psychotherapists who are culturally and occupationally trained to work with police. Outside agencies such as Dalton Associates are equipped to put the individual needs of the members together with a detailed plan and adequate/ suitable support team. “My hope is that our first responders get help that works for them, wherever that might be,” said Carl Dalton, registered social worker and CEO of Dalton Associates. “In response to the mental health crisis that our province and country are experiencing, a collective response is required. A centralized care management system that integrates and navigates to the very best mental health services available, customizes an approach for every individual and ensures against siloing services has proven to be an effective strategy to respond to this crisis. This strategy also ensures services work collectively, instead of in competition.” As a retired police officer and founder/director of The Haven, Ontario’s only non-profit, occupational-specific, inpatient treatment centre exclusive to first responders and uniform personnel, working day and night with my dedicated team, I echo Mr. Dalton’s inspired words. It’s not only important, it’s necessary as we work to learn, grow and serve together. Michelle Vincent is a retired York Regional Police officer and the founder of The Haven, Ontario’s first non-profit, inpatient treatment centre exclusive to first responders and uniform personnel. Contact her at michelle.vincent@@thehaven.cloud.
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Collaborative partners in mental health
OFF THE SHELF Cops, Cameras, and Crisis: The Potentials and the Pitfalls of Police Body-Worn Cameras By Michael D. White and Aili Malm; 2020, 183 pages ISBN: 9781479850150
Michael White and Aili Malm position Cops, Cameras, and Crisis: The Potentials and the Pitfalls of Police Body-Worn Cameras (2020) as a “go-to resource for those who are interested in police body-worn cameras”. In brief, the authors provide an account of the rise of body-worn cameras (BWCs), summarize documented benefits and drawbacks of the technology, present explanations for the rapid diffusion of these devices in policing and speculate about the future of BWCs (particularly the emerging challenges, such
as managing officer activation compliance, public expectations of the technology, technological advances that extend the current limits of how BWCs and the data they collect are used). The book begins by describing the socio-political climates in which BWCs first emerged and then flourished within. After laying this historical groundwork, the authors assess the extent to which existing evidence supports or refutes commonly held assumptions associated with BWC use. A central objective of the book is to review advocates’ and critics’ claims regarding BWCs while also evaluating empirical support for these claims to reach evidence-based conclusions about the varied (potential) effects of BWCs. In addition, White and Malm offer explanations for the relatively rapid diffusion of BWCs in policing, relying on diffusion of innovation and evidence-based policing as frameworks to both contextualize
the technology’s widescale adoption and serve as foundations upon which to make predictions about the technology’s continued dispersion. Drawing on the totality of the text, the authors conclude that “BWCs are here to stay” and advocate for an evidence-based approach to BWC adoption, arguing that “the benefits of BWCs can far outweigh the costs—if a BWC program is properly planned, implemented, and managed”. Connected to this argument, another central objective of the book, is to identify forthcoming challenges faced by BWC adopters and provide strategic advice intended to guide BWC program implementation. Across the text, the authors successfully build to their conclusion that BWCs are likely to remain central to the future of policing and develop their argument that leveraging BWCs for desirable outcomes requires attention to emerging research. The book starts with two quotes that illustrate the polarization in understandings of police use of BWCs—the first articulating
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common-sense expectations associated with BWC adoption and the second underscoring the need for the taken-for-granted expectations of BWCs to be recalibrated given a growing body of empirical evidence. Chapters two and three, respectively, present key optimistic and pessimistic assumptions associated with BWC adoption. Both chapters are organized by specific claims (e.g., BWCs produce a civilizing effect), with the authors summarizing research relevant to each specific claim. The authors also bolster their interpretations of the literature reviewed by incorporating standalone textboxes embedded within the larger narrative that present the reader with illustrative excerpts from interviews that the authors conducted with criminal justice practitioners. White and Malm’s stated intent is to “present a balanced review of the issues and the evidence”. Although the authors are admittedly optimistic in their interpretation of the existing evidence base, I believe that White and Malm’s summative conclusions are representative of the trends in the literature.
Having familiarized the reader with extent of BWC research, the authors move on to make a strong case for “diffusion of innovation” as a relevant framework for understanding the rapid adoption of BWCs in policing since 2014. White and Malm’s application of this theory is an aspect of this text that many surveillance studies scholars will find relevant to explaining the proliferation of all manner of data collection and management technologies. Similarly, the authors’ engagement with, and advocacy for, evidence-based policing—an offshoot of the concept of evidence-based policy more generally—is a framework that surveillance studies scholars could find broadly useful because it offers a vehicle through which to demand transparency and accountability from all variety of state-sanctioned data collection and management. Although the authors quickly characterize BWCs as a surveillance technology—a label that is no doubt obvious to Surveillance & Society readers, but is less commonplace in the policing-BWC literature—they do not
strongly engage with surveillance studies concepts or scholars. However, the text does provide a springboard from which scholars can more directly engage this topic from a surveillance studies perspective and, as noted previously, the text engages with frameworks that are highly relevant to surveillance studies scholars. The book is most ideal for scholars with interests in policing and/or criminal justice system practitioners interested in a broad and detailed evaluation of BWCs grounded in empirical evidence. The authors’ conclusion that “police BWCs are here to stay”—a position that I agree with—underscores the importance of surveillance studies scholars critically reflecting on the consequences of such a reality for the future of policing and the diffusion of BWCs in society more broadly. - ALANA SAULNIER, LAKEHEAD UNIVERSITY *ORIGINALLY PUBLISHED IN SURVEILLANCE & SOCIETY 18 (3): 426-427. HTTPS://OJS.LIBRARY.QUEENSU.CA/INDEX.PHP/ SURVEILLANCE-AND-SOCIETY/INDEX
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May 2021 | BLUE LINE
25
CASE LAW
BY MIKE NOVAKOWSKI
Mistaken information did not render arrest unlawful
T
he miscommunication of information relayed among officers did not invalidate an officer’s reasonable grounds for a warrantless arrest, so says the New Brunswick Court of Appeal. In R. v. Currie, 2021 NBCA 12, a 9mm Berretta semi-automatic handgun, among other items, was stolen from the residence of a licensed gun owner. The owner informed the police that he suspected the thief was his stepson. Within a week, the police received confidential information that the stepson sold the gun to the accused, Vincent Currie. Now wanting to recover the stolen gun, police shifted their investigation to Currie who, although a suspended driver, was known to be in possession of a black Toyota Tundra and the subject a firearms prohibition order. About eight days after the break-in, Currie’s Tundra was stopped for a tail light infraction. It also had an ATV in its bed.
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Currie, however, was not in the vehicle. A known associate of his was driving (Mr. Gratton), accompanied by a 16-year-old girl. The officer noticed a live 9mm round on the floor near the gas pedal. Gratton was arrested and the truck was searched. The stolen handgun was not found but more ammunition was; both 9mm and .22 calibre. The ATV was also found to be stolen. Gratton told police he was on his way to meet Currie on the Claudie Road to go four wheeling and drink some beer. The officer was familiar with the Claudie Road area as being somewhat remote and used for target shooting. The officer asked Gratton about target shooting but he did not answer. The officer let other officers know what he had learned, giving the impression that Currie was target shooting somewhere on the Claudie Road. One of these officers subsequently relayed the information to a
sergeant. Under the impression that Currie was target practicing and the stolen gun had not been found in the truck, the Sergeant gave the order that Currie was arrestable without a warrant for possessing the stolen handgun. An officer set up in the Claudie Road area and saw Currie driving a Mazda, leaving the area. Two passengers were in the vehicle. It was stopped and Currie was arrested. The Mazda was searched and the stolen (fully loaded) Beretta was found in a bag under the passenger seat. A green container left on the passenger seat was also searched, revealing 119 live rounds of 9mm ammunition. Currie’s hands had gunshot residue on them. Later, DNA testing established his DNA on the handgun’s grip (along with two other unidentified people). At Currie’s trial in Manitoba Provincial Court, the judge ruled that the sergeant had the necessary grounds to believe
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Currie was in possession of the stolen gun and to give the direction for his arrest to the other officers. The subsequent search was justified as an incident to arrest. “I’m satisfied beyond any doubt that the police, in arresting Mr. Currie, had the... required reasonable and probable grounds to do so, looked at both subjectively and objectively taking into account all of the indicia of … his being in possession of that gun,” said the judge. “I’m also satisfied the subsequent search of both vehicles, which occurred at the police station within an hour or so after the arrest of Mr. Currie and Mr. Grattan, was simply a continuation of the legal search incident to arrest that took place at the scene of the high-risk takedown for the purpose of collecting evidence related to the purpose of the arrest.” There were no Charter breaches, and Currie was convicted of six charges under the Criminal Code related to possessing the stolen handgun and ammunition. He
was sentenced to four years in prison, less time served on remand. Currie appealed his convictions to Manitoba’s highest court. In part, he argued that his warrantless arrest and the subsequent search were unlawful. Currie submitted that the information conveyed to the sergeant—that he was target practicing on the Claudie Road—was untrue; Gratton never said such a thing. Since this information was incorrect, the sergeant’s subjective belief was based on unreliable information and the objective element of his belief would have been unreasonable had the facts been properly conveyed to him. Thus, Currie asserted that the trial judge erred in determining that there were reasonable and probable grounds for his arrest. Justice Green, authoring the Court of Appeal’s unanimous decision, upheld the decision of the trial judge. Currie’s warrantless arrest was not rendered unconstitutional because the information conveyed was mistaken.
“There was no suggestion [the officer who stopped the Tundra] had deliberately attempted to mislead his fellow officers,” said Green. “What is under scrutiny is whether [the Sergeant] had the requisite subjective belief, based on the information actually provided to him. In my opinion, he did. The potential miscommunication of a critical piece of information between [the officers] has no impact on the analysis of what [the Sergeant] understood to be the situation and how he acted upon that understanding. In my opinion, the trial judge made findings of fact supported by the evidence and correctly applied the proper legal test.” The arrest was determined lawful, as was the subsequent search by police. Currie’s appeal was dismissed and his conviction was upheld.
Mike Novakowski is Blue Line’s case law columnist.
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29
BACK OF THE BOOK
BY MORLEY LYMBURNER
Time to rethink the jury system
E
xceptional times require excep- ging that the average juror would have a tional changes. One such great deal of difficulty understanding the change should be the elimina- evidence, or in cases where the crimes are tion of jury trials under excep- so horrendous it would be impossible to tional circumstances. form an unbiased jury. In these cases, the Years ago, a ruthless drug lord was trial venue must be moved to a jurisdiction convicted of the cold-blooded murder of where an untainted jury could be found. six people in an apartment in Surrey, B.C. In this day of mass media attention and Huge capital expenses for his trial includ- interpersonal connectivity, exactly how ed the construction of a courtroom to easy is it to find an untainted jurist? assist with security. Similarly, high profile There are no greater terrorists in contrials of organized criminals in Quebec temporary society than organized criminal required the construction of entire build- gangs. Their entire existence relies heavily ings. Even after conviction, however, the on intimidating average citizens and aubricks and mortar cannot provide suffi- thority figures alike. There is no way a jury cient reassurance to jurists who must re- should be put under the stress necessary to turn to their homes. come to a verdict in a mega-trial Lawmakers must remember In this day of of terrorists or gang members. that the reach of these organiza- mass media The ruthless individuals who tions go far beyond that of the attention and head these organizations possess individual incarcerated. Argu- interpersonal almost unlimited resources to ments in favour of the jury system connectivity, seek revenge. Their unseen (and point out that juries can find exactly how untaxed) financial resources, in someone not guilty by virtue of easy is it to many cases, would exceed the bad law, even if they agree the find an GDP of many small to mid-size person violated the law. An ex- untainted countries, let alone the judicial ample of this doctrine was is the jurist? system hearing their case. repeated not guilty verdicts in the It’s time some aspiring politMorgentaler trials. Morgentaler was tried icians pick up the cause. At a preliminary three times in Montreal for defying the hearing, the Crown should be permitted abortion law. Each jury determined the law to apply to have a trial by judge(s) alone. did not fit when stacked against a woman’s The Italian justice system found that it is right to determine what happens to her far easier to protect one judge for the rest own body. The bad law doctrine, however, of his/her life than thousands of average is not the issue in trying members of organ- citizens plucked from a jury pool. It’s also ized crime groups or terrorists. easier to get psychological help for one The legal system has become comfort- judge than for thousands of jurors. able with the jury system and changing it In 1215, when the Magna Carta first would challenge many lawyers who have granted trial by jury, most people spent grown accustomed to presenting emo- their entire life in one village. It made the tion-based defences, which taint facts or jury trial process manageable and the trivialize procedural mishaps, benefiting middle class felt secure. Today’s society is the accused. In short, the jury system is much more complex. We are much more their bread and butter, and the preserva- mobile, far more communicative and, of tion of the system is paramount. Ensuring course, far deadlier than at any other time that a sizeable number of lawyers populate in history so, how can we assure that jury political positions does help guarantee its trials are free from intimidation and that secure future. jurors are not otherwise traumatized? It’s time new laws were introduced to Jury trials can still work when dealing strip away jury trials under certain circum- with individual criminals. The organizastances. Cases in which jurors, judges and tions that come part and parcel with some witnesses could be exposed to a high level individual criminals, however, are far of anxiety or danger would include those more problematic than the pawns they accused of international, domestic or sacrifice. It is the organization that is the transnational terrorism. Other instances root of all fears. Long after an individual include crimes so complex and wide-ran- is squeezed between the pipes, the organ-
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BLUE LINE | May 2021
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ization can busy itself by “taking care of business”. If they don’t hesitate to kill correctional officers on the street, they won’t hesitate to intimidate or eliminate a stock broker, store merchant, homemaker...or maybe even a cop or two. This issue is deserving of political intervention. Society can no longer afford the luxury of juries in complex terrorist or trauma trial situations. It is time to rethink the entire process, get back to basics and really think about how much we are willing to sacrifice to prop up an almost 800-year-old legal tradition.
Morley Lymburner, M.S.M., is the former creator and publisher of Blue Line magazine.
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