Crime
Despite recent bail reform flip-flops, Canada is still more dangerous than we’d prefer
Our Criminal Justice System Is Changing
58 percent of individuals sentenced to community supervision had at least one prior conviction for a violent offence. 68 percent of those given custodial sentences were similarly repeat offenders. In fact, 59 percent of offenders serving custodial sentences had previously been convicted at least 10 times.
Back in 2019, the federal Liberals passed Bill C-75, “An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts”. Among other things, the law established a Principle of Restraint that required courts to minimize unnecessary pre-trial detention. This has been characterized as a form of “catch and release” that sacrifices public safety in general, and victims’ rights in particular on the altar of social justice.
I’m no lawyer, but I can’t see how the legislation’s actual language supports that interpretation. In fact, as we can see from the government’s official overview of the law, courts must still give serious consideration to public safety:
The amendments…legislate a “principle of restraint” for police and courts to ensure that release at the earliest opportunity is favoured over detention, that bail conditions are reasonable, relevant to the offence and necessary to ensure public safety, and that sureties are imposed only when less onerous forms of release are inadequate.
So unlike in some U.S. jurisdictions, Canadian courts are still able use their discretion to restrict an accused’s freedom. That’s not to say everyone’s always happy with how Canadian judges choose to use such discretion, but judicial outcomes appear to lie in their hands, rather than with legislation.
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Arguably, C-75 did come with a “soft-on-crime” tone (in particular as the law relates to certain minority communities). But even that was mostly reversed by 2023’s Bill C-48, which introduced reverse onus for repeat offenders and required judges to explicitly consider the safety of the community (whatever that means).
Nevertheless, the system is clearly far from perfect. Besides the occasional high-profile news reports about offenders committing new crimes while awaiting trials for previous offences, the population-level data suggests that our streets are not nearly as safe as they should be.
As far as I can tell, Statistics Canada doesn’t publish numbers on repeat offences committed by offenders free while waiting for trial. But I believe we can get at least part of the way there using two related data points:
- Conviction rates
- Repeat offender rates
Between 2019 and 2023, conviction rates across Canada on homicide charges for adults averaged 42 percent, while similar charges against youth offenders resulted in convictions in 65 percent of cases. That means we can safely assume that a significant proportion of accused offenders were, in fact, criminally violent even before reaching trial.
We can use different Statistics Canada data to understand how likely it is that those accused offenders will re-offend while on pre-trial release:
58 percent of individuals sentenced to community supervision (through either conditional sentences or probation) had at least one prior conviction for a violent offence. 68 percent of those given custodial sentences were similarly repeat offenders. In fact, 59 percent of offenders serving custodial sentences had previously been convicted at least 10 times.
Also, in the three years following a term of community supervision, 15.6 percent of offenders were convicted for new violent crimes. For offenders coming out of custodial sentences, that rate was 30.2 percent.
In other words:
- Many – if not most – people charged with serious crimes turn out to be guilty
- It’s relatively rare for violent criminals to offend just once.
Together, those two conclusions suggest that public safety would be best served by immediately incarcerating all people charged with violent offences and keeping them “inside” either until they’re declared innocent or their sentences end. That, however, would be impossible. For one thing, we just don’t have space in our prisons to handle the load (or the money to fund it). And it would also often trample on the legitimate civil rights of accused individuals.
This is a serious problem without any obvious pull-the-trigger-and-you’re-
- Implement improved risk assessment and predictive analytics tools to evaluate the likelihood of re-offending.
- Improve the reliability of non-custodial measures such as electronic monitoring and house arrest that incorporate real-time tracking and immediate intervention capabilities
- Improve parole and probation systems to ensure effective monitoring and support for offenders released into the community. (Warning: expensive!)
- Optimize data analytics to identify trends, allocate resources efficiently, and measure the effectiveness of various interventions.
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Harshanedeep Singh from rozanaspokesman.com
News release from the Conservative Party of Canada
After nine years, the NDP-Liberal government has lost control of crime. Violent crime has skyrocketed by 50 percent since Trudeau became Prime Minister and 256 people were killed by a criminal who was out on bail or another form of release in 2022, the latest year available with full data.
On Saturday, Canadians witnessed the shocking, heinous murder of Harshandeep Singh, a 20-year-old security guard in Edmonton, Alberta. Singh was shot in the back while thanklessly doing his job as a nighttime security guard at a central Edmonton apartment building. A promising young life was snuffed out by a cold-blooded monster.
“One cannot imagine how Harshandeep’s family and friends feel,” said Tim Uppal, Deputy Leader of the Conservative Party of Canada. “Our thoughts and prayers go out to his family at this incredibly difficult time.”
Edmonton Police have since arrested two individuals and charged them with first degree murder: “Evan Rain, 30, and Judith Saulteaux, 30, were arrested and charged with 1st degree murder in relation to Singh’s death.”
Early indications suggest that Rain has a known prior violent history, with media reports aligning with Rain’s current age. In 2018, an “Evan Chase Francis Rain”, then age 24, was charged for a violent kidnapping in Wetaskiwin, one hour south of Edmonton. A woman was forced into the trunk of a car at gunpoint. It is not clear from media reports how this case was concluded.
In 2022, “Evan Rain, 28, of Paul First Nation” (45 minutes west of Edmonton) faced twenty-nine charges for a violent robbery in northern Saskatchewan involving firearms.
This is from the 2022 RCMP news release at the time:
Evan Rain, 28, of Paul First Nation, is charged with:
-one count, robbery, Section 344, Criminal Code;
-one count, have face masked with intent to commit an indictable offence, Section 351(2), Criminal Code;
-eight counts, possess a firearm knowing it was obtained by the commission of an offence, Section 96(2), Criminal Code;
-one count, possession of property obtained by the commission of an offence, Section 354(1)(a), Criminal Code;
-one count, mischief under $5,000, Section 430(4), Criminal Code;
-sixteen counts, possess a firearm while prohibited, Section 117-01(3), Criminal Code; and
-one count, point a firearm, Section 87(2), Criminal Code.
The status of these charges is not readily apparent. The RCMP’s 2022 news release does make clear that Rain was already prohibited from possessing firearms: “sixteen counts, possess a firearm while prohibited, Section 117-01(3).”
“It appears that our so-called ‘justice’ system terribly failed Harshandeep Singh – just as it has outrageously failed so many others,” said Uppal. “Harshandeep Singh’s murder cannot be accepted as just an unfortunate, unavoidable reality in our society. Authorities should answer to Rain’s prior police interactions and potential criminal history, including whether he was out on bail or some other form of release order.”
Life wasn’t like this before Justin Trudeau. Since the NDP-Liberal government passed Bill C-75 and Bill C-5, which gave high priority to releasing repeat violent offenders and took away mandatory jail time for certain violent crimes, a crime wave has been unleashed across the country. This was evident in a report from the Fraser Institute which showed that Canada’s violent crime rate is 14 percent higher than that of the United States’.
Trudeau’s only response to this has been to crack down on law-abiding firearms owners and Indigenous hunters which has done nothing to improve Canada’s public safety. Instead, violent gun crime is up by a staggering 116 percent since the Liberals formed government.
Enough is Enough. Canadians deserve to feel safe in their communities. Only Common Sense Conservatives will bring home safe streets by ending Justin Trudeau’s catch-and-release justice system and bringing jail, not bail, for repeat violent offenders.
Business
Canada can – and should – crack down on trade-based money laundering
From the Macdonald Laurier Institute
By Jamie Ferrill for Inside Policy
Neglecting to take decisive action enables organized criminal networks whose activities cause significant harm on our streets and those of our international partners.
Financial crime bears considerable political and economic risk. For the incoming Trump administration, the threat that transnational organized crime and the illicit financial flows pose to global financial stability is a top priority. The threat of tariffs by the Trump administration makes the costs to Canada in enabling global financial crime all too apparent. In addition to the cost of tariffs themselves, the associated reputational risk and loss of confidence in Canada’s financial system has implications for investments, credit, supply chains, and bilateral co-operation and agreements.
Canada’s proximity to major international markets, stable economy, high standard of living, and strong institutions and frameworks make it an attractive place to do business: for both legitimate and criminal enterprises.
Trade is a key contributing sector for Canada’s economic security. It represents two-thirds of Canada’s GDP, and exports alone support nearly 3.3 million Canadian jobs. Trade is also highly vulnerable to criminal exploitation. Ineffective oversight, regulatory complexity, and lagging technology adoption, coupled with a lack of export controls, make it possible to move vast proceeds of crimes, such as those from drug trafficking, human trafficking, corruption, and tax evasion through the global trade system.
These vulnerabilities are well-known by transnational organized crime groups. They are able to effectively move billions of dollars of dirty money through the global trade system every year, a method commonly referred to as Trade-Based Money Laundering (TBML).
While any statistics must be interpreted with caution, evidence shows that TBML is a prevalent method of money laundering.
What is it?
There are several types of Trade-Based Financial Crimes such as terrorism financing through trade, sanctions evasion, and simply trade fraud. However, the TBML definition is necessarily specific. Essentially here, TBML is a money laundering method: the processing of criminal proceeds to disguise their illegal origin. TBML involves the movement of value through the global trade system to obfuscate the illicit origin. This is usually done through document fraud: undervaluing, overvaluing, phantom shipping, or multiple invoicing. Different techniques employ different aspects of the supply chain. And TBML may be just one method used within larger money laundering operations.
By way of example, US authorities allege that two Chinese nationals living in Chicago laundered tens of millions of dollars for the Sinaloa and Jalisco Cartels. Drugs were smuggled into the United States and sold throughout the country. The proceeds from these sales were collected by the Chinese nationals. Those proceeds were used to purchase bulk electronics in the United States, which were then shipped – with a falsified value – to co-conspirators in China, who sold them locally. The legitimacy provided by the electronics sales and the trade transaction provide cover to “clean” proceeds from precursor crime.
Either the importer and/or the exporter of the goods can shift value. Chances here are the electronics shipped were undervalued: on leaving the country, they are declared at a (much) lower value than they are actually worth. The importer in China pays the undervalued invoice, then sells the goods for what they are worth. The profit from those electronics now appears clean, since it was used for a “legitimate” sale. The ensuing value gap can be transferred informally or stored as illicit wealth. The value has now shifted, without fiat currency leaving the country of origin.
But the cycle does not stop there. The value and money itself continue to traverse around the world, through various intermediaries such as financial institutions or cryptocurrency exchanges. It then goes right back into the system and enables the very crimes and organized crime groups that generated it in the first place. It is, in short, the business model of organized crime.
The Canadian problem
Ultimately, the proceeds of crime that have been legitimised through TBML (and other money laundering methods) supports the criminal enterprises that generated the value in the first place. In the example, these are prolific cartels who have been behind the fentanyl crisis, migrant trafficking and abuse, corruption, and widespread violence that destabilizes communities and undermines governments across North America and beyond.
With new actors, drug routes, and ways of doing business, the cartels are very much active in Canada. The Sinaloa cartel in particular has established a significant presence in Canada where it controls the cocaine market, manufactures and distributes fentanyl, and is embedded in local criminal networks. This increases Canada’s role as a strategic location for drug trafficking and a base to export abroad, notably to Europe, the US, and Australia.
Hells Angels, Red Scorpions, ’Ndrangheta, and other organized crime groups are also exploiting Canada’s strategic location using their transnational links. These groups are active in criminal activities that generate proceeds of crime, which they launder through Canadian institutions. From drug trafficking to extortion to human and sex trafficking, the foundation of organized crime relies on generating and maximizing profits. The proceeds generally need to be laundered; otherwise, there are direct lines back to the criminal organizations. They are, without a doubt, exploiting the trade sector; the very sector that provides so much economic security for Canada.
Canada’s regulation, reporting, and prosecution record for money laundering is notoriously weak. Its record for regulation, reporting, and prosecution for trade-based financial crimes, namely here TBML, is even weaker.
As financial institutions and other regulated entities face increased scrutiny following the TD Bank scandal and the Cullen Commission’s inquiry into money laundering in BC, more criminal activity is likely to be displaced into the trade sector and the institutions it comprises.
TBML is difficult for financial institutions to detect, especially given that 80 per cent of trade is done through open accounts. It exploits established trade structures that are meant to protect the system –like documentation and invoicing processes – by manipulating transactions outside traditional payment systems, which requires more sophisticated anti-money laundering strategies to address these hidden vulnerabilities.
Addressing the problem
Trade is a gaping vulnerability. Yet, it attracts minimal attention in countering transnational financial crime. Containing the fentanyl crisis for one requires a collaborative effort to bolster supply chains and the trade sector against financial crime. This means global cooperation, technological advances (such as blockchain technology), appropriate resourcing, more scrutiny on high-risk countries and shippers, and regulatory innovation.
But political will is in short supply. The federal government’s Budget 2024 and the resulting proposed Regulations Amending Certain Regulations Made Under the Proceeds of Crime (Money Laundering) and Terrorism Financing Act will grant CBSA new authorities to counter TBML, but limited resources to make good on them. And CBSA cannot do it alone.
Transnational organized crime and the illicit financial flows that support it poses a threat to global financial stability. The enabling of financial crime hurts Canada’s reputation abroad. With a new political regime emerging in the US, Canada cannot afford to be seen as a weak link. Loss of confidence in a country and its financial system has implications for investments, credit, supply chains, and bilateral cooperation and agreements.
By neglecting to take decisive action, we inadvertently enable organized criminal networks whose activities cause significant harm on our streets and those of our international partners. With profits as their primary driver, it is imperative that we scrutinize financial pathways to disrupt these illicit operations effectively.
Organized crime groups are not bound by privacy laws, bureaucracy, political agendas, and government budgets. They are continually evolving and staying many steps ahead of what Canada is equipped to control: technologically, geographically, strategically, logistically, and tactically. Without appropriate regulations, technological advances, and resources in place, we will continue to be a laggard in countering financial crime.
More systematic change is needed across regulatory frameworks, law enforcement coordination and resourcing, and international partnerships to strengthen oversight, close loopholes, and enhance detection and disruption. It would be a low-cost signal to the Trump administration that Canada is committed to upping its game.
Jamie Ferrill is senior lecturer in Financial Crime at Charles Sturt University and co-editor of Dirty Money: Financial Crime in Canada.
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