Missing Women Commission of Inquiry: Rossmo Vindicated 1

Posted by admin - March 1st, 2011

It was gratifying indeed to read former Vancouver mayor Philip Owen’s written apology to Dr. Kim Rossmo, acknowledging that his criticisms of this courageous and principled criminologist were “unfounded, inaccurate and misleading”.

During the years when an inordinate number of sex trade workers were disappearing from the grimy streets of the Downtown Eastside, then VPD Inspector Kim Rossmo stated that he had concluded that a serial killer was responsible for the bulk of these disappearances. He had, over many years as a VPD constable, completed his post graduate studies in SFU’s renowned Faculty of Criminology, delivering a doctoral thesis on geographic profiling. I remember how unwelcome his views were at the time, and I also remember thinking that I’d love to work with a guy like that… a big picture thinker who has the guts to take an unpopular position in a room full of timid conformists. Rossmo was vilified by his superiors and, apparently, City Hall, as a result of his opinions.

Now the Chair of Criminology at Texas State University, Rossmo’s practice can be described as analysis which links crime locations to identify hubs of offender activity. This has proven to be a useful tool in prioritizing investigative leads, particularly in the case of serial offenders.

Policing organizations are, with few exceptions, managed by fear and led by the wrong people. Vancouver Police Department is currently one of those exceptions. If public safety is not the ultimate priority of those entrusted to lead these organizations, people like Kim Rossmo will be marginalized. I remember the hostility and resentment expressed toward him during this period, primarily by his senior management. There were a number of reasons for this.

  • By virtue of his academic achievement and status as the inventor of geographic profiling, he was awarded the rank of Detective Inspector, rather than ascending through the ranks like everyone else.
  • He was a highly educated non-conformist; a deviation from the norm.
  • His work was costly, and often required supplementary funding.

These three factors were guaranteed to equip Rossmo with horns, hooves and a pitchfork in the eyes of those above him in rank.

Since he left policing, Dr. Rossmo has worked with law enforcement agencies world-wide on over 200 serial crime cases, representing approximately 3000 criminal offences. I’m sure that he wishes his former bosses a long and happy retirement.

Lions Gate Investigations Group includes geographic profiling among its offerings, on behalf of law enforcement agencies in many jurisdictions.

FP

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Quebec Leads the Way on Corruption… In More Ways Than one. 2

Posted by admin - February 24th, 2011

A welcome announcement by the Charest government, with its recent introduction of the first multi-disciplinary anti-corruption squad in Canada.  It’s about time.

The public is generally unaware of the dominance of the Quebec Mafia on the world stage. The Rizzuto family, originally from Sicily before becoming established in Canada several generations ago, has been the most powerful criminal organization in Canada for many years. The tentacles and influence of this organization extends far beyond our Canadian borders and, some experts would argue, its impact rivals any of the mob families headquartered in New York. Italian organized crime, in concert with affiliated crews including the West End Gang, have made Montreal the hub of corruption in Canada for decades.

As a young police detective in drug enforcement in the 80s, the conventional wisdom had always been to avoid disclosing any information to law enforcement authorities in Quebec. Bad things inevitably occurred, including the compromise of numerous informants and sensitive investigations. Thankfully, things have improved significantly over the past twenty years in Quebec policing.

Years earlier, it was a poorly kept secret that Expo 67′s enormous cost overruns were attributable to corruption in the construction industry under the watch of then mayor Jean Drapeau. Olympic Stadium stands as a monument to the economic impact of organized crime, felt to this day by the citizens of Quebec.

The budget allotted to this 189 person unit is $31.5M per annum. A diverse assortment of professionals are assigned to this unit, including police, prosecutors, provincial revenue investigators, as well as construction and building code specialists. When one considers the long term consequences resulting from corruption throughout the province, it would appear to money very well spent.

While it would be naive in the extreme to assert that British Columbia is immune to the  sinister forces that have prevailed in Quebec for so many years, I would suggest that the Mafia’s modest presence here has kept institutional and government corruption to a manageable level. The strategic alliance between the West Coast Hell’s Angels and the eastern Mafia was established ten years ago, so we’ll see if this continues. With the bulk of biker gang recruitment coming from within B.C.’s Italian community, it bears watching.

FP

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Encouraging Signs on the Mental Illness Front 1

Posted by admin - February 14th, 2011

There is cause for renewed hope this week, led by Bell Canada’s “Let’s Talk” campaign and our indomitable Olympian Clara Hughes. As a close observer of the societal impact of mental illness over a thirty year policing career, I am thrilled to support these efforts by our community, corporate and political leaders to de-stigmatize what has become a medical epidemic of catastrophic proportions.

The shame and embarrassment traditionally attached to mental illness has caused it to go largely undiagnosed, to the detriment of us all. Few of us can claim to be unaffected, whether it’s in the family, our social or professional networks, or staring back at us from a mirror.

A recent report from The Mood Disorders Society of Canada provides us a sense of the magnitude of this phenomenon:

  • 30% of police response calls are related to mental illness.
  • 15% of children are dealing with a life-altering mental illness.
  • depression is the number 2 cause of lost productivity in industry in Canada, costing $50 billion annually.
  • the mentally ill are the largest demographic in our prison populations.
  • 400-500 suicides in British Columbia alone, with 1/4 of these deaths in the 15-24 age group.
  • 1/6 of children between the ages of 7 to 12 have attempted suicide.
  • 95% of people suffering from schizophrenia smoke.
  • the average lifespan of people with mental illness is 25 years less than those without.
  • odds of death after heart attack with depression is four times that of those without.
  • 80% of gambling addicts use gambling to modulate their moods (walk through a casino’s slot machine area sometime).
  • 86% of homeless are suffering from addiction, mental illness and often both.
    (Source: Quick Facts 3rd Edition)

So much needs to be done in response. We have demonstrated our capacity to aggressively attack other forms of illness in the past. We need a provincial management process which operates from an aerial perspective, with sufficient funding for research and resources capable of supporting a patient’s journey through diagnosis, treatment and aftercare. The social and financial cost associated with a failure to do this exceeds the cost of implementation many times over.

FP

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William Elliott: A Failed Experiment 1

Posted by admin - February 9th, 2011

A predictable outcome I suppose, with the first civilian RCMP Commissioner falling flat on his face in full view of the Canadian public in recent months. It would appear to me that the fact he was a civilian had far less to do with this result than his deep personal issues with people in general. I know both Raf Souccar and Mike McDonell from our respective journeys in the Force, and I also know that both had expressed a sincere willingness to work with this man regardless of his professional history. He must have been an absolute treat to be around, for these two devoted police leaders to go public with their criticisms.

In his February 7th column, the Vancouver Sun’s Ian Mulgrew raises some very valid points in his analysis on changes needed within Canada’s national police force. I, too, applaud the federal government’s decision to have the House of Commons Committee on Public Safety establish the selection criteria for the next commissioner. Mr. Mulgrew’s colourful depiction of the Force as “organizationally a 19th century military relic” is, I’m sad to say, an accurate one. He is also on solid ground when he identifies the need to abandon the reliance upon its wild west traditions of yesteryear to attract public favour. The RCMP  rank structure could also use some work, needing six or seven fewer levels than its current eleven. The old fashioned cavalry-style layering within the RCMP causes its less committed personnel to focus more upon ladder climbing than on public safety. Some of the behaviours I have observed from those attempting a rapid ascent would make Mr. Elliott resemble a latter-day Gandhi.

The “babies and bathwater” tenor of Mr. Mulgrew’s commentary, however, makes no reference to the very fine work being done by the vast majority of the membership. It is no secret that the deep deficiencies within the organization have more to do with its woeful leadership culture and its unprecedented politicization (see previous posts: Feb 11, 2010, Jan 20, 2011 and Feb 2, 2011) than the day to day performance of the membership at large.

I don’t care who is selected to replace Elliott, as long as he or she has the moral courage to lead. Rod Knecht is a fine choice. He has the operational credibility and depth of conviction necessary for such a role. Deputy Commissioner Bob Paulson, a highly skilled warrior during his time spent policing in British Columbia, is a strong dark horse candidate. This man would terrify those meek and timid souls under him who are purely driven by self interest.  Committed and principled officers would thrive under his leadership.

As Mr. Mulgrew suggests, it may well be time to re-examine the mandate of the Force, within the context of urban and rural policing. Many observers, myself included, have supported the notion that our iconic federal policing agency should confine itself to a model similar to the FBI, with provincial police forces replacing the RCMP in front line roles.  I would expect that the majority of first responders, for example, would convert to wear the uniform of the new agencies. For real cops, the colour of the stripe down your leg matters far less than the character of those with whom you work, and the service you can provide to the public.

FP

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Hell’s Angels Infiltrator Comments on B.C.’s Organized Crime Scene

Posted by admin - February 7th, 2011

Special Agent Jay Dobyns had everyone’s attention in the room at an Anti-Gang Conference held in Vancouver last week. An investigator for the U.S. Dept of Alcohol, Tobacco, Firearms and Explosives (ATFE), Dobyns lived the life of a Hell’s Angel for two years while gathering evidence against both the organization and the membership within.

Most Canadians don’t understand the difference between plainclothes detectives and undercover agents. The former don’t pretend that they are anything but police officers, while the latter are trained to misrepresent themselves as criminals. The purpose of an undercover operation is to use these skilled operatives to infiltrate criminal targets with the objective of gaining their confidence. Once this is achieved, scenarios are carefully designed to elicit covertly taped admissions of criminal wrongdoing with a view to prosecution.

Having operated in both roles for many years, I have a particular place in my heart for the people who sacrifice so much in undercover operations. The personal toll exacted upon these men and women can be profound and often extends to their families. With prolonged absences comes the reality that, when they are home, these agents are often only partially there as a result of the stress that comes with these duties.

In recounting his story, it was clear that Dobyns was a highly advanced operative. He found his credibility with these thugs was challenged to the extent that he had to stage a homicide to deflect suspicion that he was an undercover cop. This is a tactic that is utilized only in exceptional circumstances, when the stakes are enormously high.

I truly appreciated Dobyns’ observations as set out within Kim Bolan’s article in the February 4th edition of the Vancouver Sun, where he expressed surprise upon learning that in B.C., the Hell’s Angels are not declared a criminal organization (see previous posts from Dec 7th, 2009 and Jan 26th, 2011).  It is no secret that the wealthiest chapters in the world are located here in British Columbia, in part due to their close working relationship with the Toronto Mafia which was officially forged in 2001. Referring to the Hell’s Angels as an international crime syndicate, Dobyns goes on to say:  “… their history and their track record and the crimes they have committed and the viciousness of them and the proliferation of their crimes… they don’t get to step away from that.” This guy has it right.

FP

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Cameras in Courtrooms – Yes or No?

Posted by admin - February 4th, 2011

It’s not that simple.

In this information age, society needs to carefully consider a number of possible outcomes before taking a position on the issue of cameras in courtrooms. As the digital revolution continues to grow and information is delivered in real time, the media demand for public education, openness and transparency becomes more intense by the day.  A week ago, the Supreme Court of Canada upheld a Quebec court regulation which limits the use of cameras and recording devices inside courthouses.  In describing these regulations as constitutional, Mme Justice Marie Deschamps referred to the need for a reasonable balance between freedom of the press and ensuring integrity and fairness within the administration of justice.

If cameras are permitted to capture the delivery of evidence from witnesses, arguments from counsel and direction from the bench, one could reasonably expect a shift in courtroom behaviours in favour of the more theatrical, as seen during the OJ Simpson trial a few years ago.  I’m not sure we want to go there.  A deeper concern, well articulated by the learned Justice Deschamps is as follows:  “the possibility that a statement could be broadcast could have a negative effect on the search for truth, but it could also have a salutory effect on the voluntariness of the statement and, consequently, on the administration of justice.”

I wholeheartedly agree with this analysis, particularly with regard to the conduct of criminal trials.  Two scenarios immediately occur to me.

  • Witnesses at Risk -  The prosecution of criminal organizations as a government priority is on the rise.  People who cooperate with law enforcement by giving evidence for the prosecution are exposed to dangers that the average citizen or journalist cannot realistically contemplate.  If a witness at risk faces the prospect of his or her face being splashed all over the evening news, bad things can happen, including a curious inability to recall facts which are necessary to obtain these difficult convictions.  This frequently occurs in organized crime trials, where a terrified witness provides evidence which is so diluted or different from their original observations that the prosecution can become derailed. Furthermore, efforts to recruit these vital witnesses will be made even more challenging as a result.
  • Witness Embarrassment -  Many victims and witnesses are in possession of evidence which is uncomfortable to deliver. Testimony of this nature, when it reveals explicit or sensitive details relating to the experience of a witness, is made much more difficult with a broader audience.  The impact upon the administration of justice could be very significant if a witness, in an effort to avoid embarrassment, modifies his or her evidence to somehow appear more virtuous, as one example.

A competing reality is that there are many types of courtroom proceedings where these scenarios do not come into play.  There is no benefit in  preventing the public from observing legal arguments being made in the absence of witnesses who fall into the two categories described above.  Constitutional arguments, while exceedingly restful at times, generally pose no risk to the public interest.  Similarly, matters being heard at the Court of Appeal level rarely hear from witnesses.  In these instances, I feel that an argument can be made in support of cameras in the courtroom, on the condition that care is taken to eliminate any discourse which contributes to the vulnerability of a witness or victim.

I was responsible for managing the Witness Protection Program late in my policing career.  I’ve seen terror up close more times than one can imagine, and it’s not pretty. The bottom line is that public confidence in a justice system which demonstrates regard for all participants trumps freedom of the press.

FP.

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Dubious Assertions by RCMP Commissioner Elliott 1

Posted by admin - February 2nd, 2011

There was more of the same repetitive gruel served up by Commissioner William Elliott in an interview held on January 7th, in Ottawa.

While he may well be correct in his assertion that “there are far more things that are right about the RCMP than are wrong“, he vehemently rejects the suggestion by SFU Criminology professor Robert Gordon that the RCMP’s primary allegiance to its Ottawa HQ-based nerve centre significantly impacts its ability to deliver policing services to municipalities within British Columbia.  I happen to support Professor Gordon’s view that a regional policing model would be optimal for the citizens of Greater Vancouver, and that the RCMP should confine itself to its federal policing mandate similar to the FBI.

This is in no way a criticism of the fine work currently being done by men and women in law enforcement within the current model, but it’s been proven time and time again that patchwork quilt policing doesn’t work.

The Bernardo / Homolka case was an example of this, and I anticipate that the inquiry into the Pickton case will reinforce the risks associated with trying to protect the public using a potpourri of policing jurisdictions in a large metropolitan area.  The current model is untenable, and it is only a matter of time before the right thing is done.  My hope is that government acts with courage and principle on this file, and sooner rather than later on behalf of British Columbians.

As stated earlier in this space, the core difficulty within the RCMP is its extraordinarily weak leadership culture.  If senior RCMP managers could be convinced to focus on public safety as their first priority, rather than meek and positional “how can I look good to those above me” behaviour, this ship might turn around.  I’ve seen it up close for many years, and it’s not pretty.  I wish I could say I was optimistic.

FP

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Basi and Virk: Payment of Legal Fees 2

Posted by admin - January 31st, 2011

The Public Needs to Know.

In his opinion piece in the January 11th edition of The Province, Michael Smyth hits it out of the park.  As B.C. Liberal leadership hopefuls George Abbott and Mike de Jong square off on the issue of the $6 million plea bargain deal that put a sudden stop to the B.C. Rail corruption trial, taxpayers deserve a full explanation.  Mr. de Jong, before he declared his candidacy, was Attorney General when his Ministry made the decision to pay defence counsel for these two defrocked public servants the $6 million in legal fees.  This review of the indemnity policy was ordered by Mr. de Jong in the wake of public concern over the circumstances behind this expenditure.  The current policy is intended to protect public servants when they act within the scope of their duties on behalf of government.  As Mr. Smyth asserts, the policy also requires that the money must be repaid in the event that the employees are determined to be guilty of wrongdoing.  This policy has been ignored in this case.

Mr. Abbott, on the other hand, has asked that an independent review be conducted, with broader terms of reference than those called for within Mr. de Jong’s internal review.  I support this plea for transparency. Mr. Abbott and Mr. Smyth share my view that there are a number of questions which must be answered including the following:

  1. Why did government agree to pay these significant sums of money to defence counsel for these two public servants who pleaded guilty to corruption charges, including the acceptance of bribes?
  2. Who negotiated the plea bargain, and what considerations were behind the decision?


Mr. Smyth is absolutely correct in his suggestion that an independent review must be conducted, and not by the government ministry whose actions will be scrutinized.  The analogy of “the police investigating the police” is a fair one, and a situation best avoided in the public interest.  Both Mr Abbott and Mr. Smyth are to be commended for their analyses, and their insistence that this deal be carefully examined.  The cost resulting from such an exercise is money very well spent, in that it directly relates to public confidence in our government institutions.  The internal review ordered by Mr. de Jong has no hope of unearthing this critical information.

FP

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Reyat Gets Nine Years for Perjury

Posted by admin - January 28th, 2011

Finally! A sentence reflective of the impact perjury has on our criminal justice system.

In my previous post on July 8, 2010, I lamented the fact that judges seem overly accepting that perjury is just par for the course during litigation.  I commented on the need for it to be vigorously investigated in each instance.

B.C. Supreme Court Justice Mark McEwan has stepped up to the plate.  He took the opportunity to throw the book at Inderjit Singh Reyat, the Air India bomb maker. He expressed his contempt for a man whose lies under oath and who continued to inflict pain on the families of the fallen.  331 people died at Reyat’s hand 26 years ago. I applaud Justice McEwan for his decision to make an example of Reyat, not only to deter those who would consider becoming involved in acts of terrorism, but also to those who might be inclined to mock victims through acts of perjury.  People who do this need to be incarcerated.  One can only imagine a justice system where everyone told the truth.

A couple of closing thoughts.

Deputy Commissioner Gary Bass also deserves to be recognized for his leadership in resurrecting this unsolved mass homicide case from idling on the shelves on Heather Street back in the 90s.  Without him, this complex and massive case would not have been brought before the courts at all.

The other is this:

And according to the Vancouver Sun’s Kim Bolan in her January 7th article, a witness vital to the Air India case had volunteered to come forward, but was dissuaded by his legal counsel on the basis that it would be “bad for business”.  This is a shocking indictment.  Surjan Singh Gill was a participant in the plot, and he expressed a willingness to the RCMP to give evidence against his co-conspirators.  His counsel, David Gibbons (now deceased), put the earning power of his law practice before the public interest in the most extreme fashion.   I cannot understand the lack of public outrage over such a revelation.  Where was the Law Society of British Columbia in all of this?  Why were our public officials of the day mute on the subject?  Was no remedy available to ensure that the right thing was done?  Has our moral compass shifted to the point where we find this practice by the defence bar tolerable?

It is appropriate that specific protections are afforded the relationship between lawyers and their clients, but I can’t believe that this was permitted to happen.  Have we forgotten about the 331 victims, their families and the greater good?

FP

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Great Leadership Shown by B.C. Court of Appeal

Posted by admin - January 26th, 2011

There were some very encouraging signals from B.C.’s highest court last week.  Readers may recall my Dec 7, 2009 post regarding the “Smiling Judge” Peter Leask, announcing that Hell’s Angels members Randy Potts and John Punko did not meet the definition of “working on behalf of or in association with a criminal organization”.  That decision is under appeal by the Federal Department of Justice.

One can only hope that the appeal of Leask’s findings on what are generally referred to as “crim-org” charges will match the rationale found in a recent Kelowna B.C. Supreme Court decision.  The police and prosecutorial communities are breathing a huge sigh of relief when, for the first time in British Columbia, convictions under this law were realized.  The accused were a number of Okanagan-based cocaine distributors, couriers and masterminds whose sentences under this new legislation will be served consecutive to terms they receive for convictions on any other substantive offences.

One of the driving forces behind this legislation is to ensure those who direct the conspiracies to traffick in these commodities are susceptible to prosecution, whether they actually came into contact with it or not.
A further indication that sanity is beginning to prevail within the courts’ response to organized criminal activity was the successful appeal of Leask’s lenient sentencing behaviours for Potts and Punko.  Numerous errors were attributed to Leask by B.C. Court of Appeal Justice Anne Rowles in her Reasons for Judgment, which increased the sentence for Potts to five years (from one) and Punko to over five years (from fourteen months).

Both Crown and police involved in the ambitious Project “E-Pandora” must be very pleased with this turn of events.  They deserve to feel good about the job they did on this complex and demanding file.

I can’t help but wonder… who’s smiling now?    FP

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