Law Enforcement Issues

Money Laundering

Details

• Budget 2019 proposed a number of measures to modernize Canada's anti-money laundering and anti-terrorist financing framework; chief among them is strengthening data resources, financial intelligence and information sharing, while continuing to protect the privacy rights of Canadians.
• Budget 2019 also provided $68.9 million over five years beginning in 2019-20, and $20 million per year thereafter, in net-new funding to strengthen Federal Policing operational and investigative capacity, including to fight money laundering.
• Subsequent to Budget 2019, Ministers Morneau and Blair announced an additional $10M for the RCMP to invest in, "IM/IT infrastructure and digital tools to pursue complex financial crimes."
• The RCMP continues to work with international and domestic partners, including the province of British Columbia.
• On September 27, 2018, the province announced a review of vulnerabilities in the real estate and financial sectors looking at gaps in compliance and enforcement of existing laws, consumer protection, financial services regulations, regulation of real estate professionals and jurisdictional gaps between B.C. and the federal government.
• The federal government, including the RCMP, is participating in this Cullen Commission of Inquiry.

Back to top

Government Measures to Reduce Gun Violence

Details

• For the past several decades, overall crime rates in Canada have generally been decreasing. However, in recent years firearms-related homicides have increased. Firearms-related homicide doubled from 2013 to 2017 (134 to 267) but fell slightly in 2018 (249). Shootings have now become the most common method of homicide. According to police, gang violence accounted for approximately 52% of firearmsrelated homicides in 2017.
• This rising firearms-related violence is fueling public concern and giving rise to demands for federal action to curtail the availability of firearms in Canada.

Guns and Gangs

• The Government has made federal investments of up to $327.6 million over five years, and $100 million ongoing, to establish the Initiative to Take Action Against Gun and Gang Violence. The majority of resources, approximately $214 million over 5 years is allocated to provinces and territories (PTs) to combat the issue of gun and gang violence in communities across Canada. These resources complement existing efforts under the National Crime Prevention Strategy through the Youth Gang Prevention Fund, which received additional $8 million over four years beginning 2019.
• Ten PTs have signed multi-year funding agreements under the Guns and Gangs Violence Action Fund. Quebec and PEI are currently in the process of negotiating and finalizing their contribution agreements so funding may flow as soon as possible. The Government also provided $86 million to the Royal Canadian Mounted Police and Canada Border Services Agency to enhance firearms investigations and strengthen controls at the border to prevent illegal firearms from entering the country.

Firearms at the Border

• The CBSA contributes actively to current Government of Canada efforts to disrupt illicit access to firearms, firearms parts, and ammunition.
• The CBSA's current enforcement posture in relation to cross-border firearm smuggling comprises port of entry enforcement activities, intelligence and investigative work, and collaborative efforts with Canadian and United States law enforcement partners.
• In addition, the CBSA plays an important role in administering the legal importation of firearms. All firearms intended for importation into Canada must be declared and the importer must meet all licensing and registration requirements of the Firearms Act, including the requirement that the importer be in possession of a Possession and Acquisition License or a Non-Resident Firearms Declaration form for restricted and non-restricted firearms. Non-residents may not import prohibited firearms into Canada. Residents may only import a prohibited firearm if it was previously exported and they are possession of the required documents.
• The CBSA seizes approximately 700 firearms each year, with most firearm seizures occurring at land border ports of entry. However, the Agency also encounters firearms and firearms parts in the postal and courier mode.
• The CBSA has been allocated funding under the Initiative to Take Action Against Gun and Gang Violence to enhance its technical capacity to detect and intercept illicit firearms through investments into new scanning equipment, increased detector dogs, and additional officer training.
• These technical enhancements—supported by the necessary legislative, regulatory, and policy changes—will position the Agency to provide effective border support to new Government of Canada initiatives that restrict the cross-border movement of firearms, firearm parts, or ammunition.

Bill C-71, an Act to Amend Certain Acts and Regulations in Relation to Firearms

• Bill C-71, An Act to amend certain Acts and Regulations in relation to firearms received Royal Assent on June 21, 2019.
• Provisions clarifying that seized firearms are considered forfeited to the Crown have come into force, as have those allowing remaining long-gun registration records to be transferred to Quebec.
• Provisions related to licence verification, eligibility, vendor record-keeping and transportation would be brought into force through Orders in Council, once the necessary administrative changes have been made, funding has been approved and the associated regulations have been tabled in Parliament.

Back to top

Rural Crime

Details

• The Royal Canadian Mounted Police (RCMP) is Canada's national police force and provides contract policing services to eight provinces, three territories, approximately 150 municipalities, and hundreds of Indigenous communities, as well as federal policing services for all Canadians. Given the geographic scope of Canada, much of the territory under RCMP jurisdiction is rural.
• Policing rural and isolated communities may pose a number of complexities, including the demand it puts on police resources. The RCMP works with provinces and territories to evaluate needs and optimize the available resources for rural communities. Each jurisdiction may develop and pursue individual, customized initiatives to address the issue of rural crime, as opposed to a single national solution. Local priorities and crime prevention approaches are discussed regularly by community leaders and RCMP Detachment Commanders.
• The RCMP currently has a number of Enhanced Service Delivery Options to support alternative policing service delivery approaches within RCMP contracted jurisdictions. These options include: the Community Program Officer Program, the Community Constable Pilot Program, the Auxiliary Program, and the Reserve Program which is designed to address existing vacancies or resourcing pressures.
• The roles of these options are to:
  • Enhance, not replace, existing RCMP core resources.
  • Draw from the unique skill sets of community members.
  • Solidify the relationship between the RCMP and the communities we serve.
  • Help the RCMP better meet community and client needs and expectations.
• According to the CBC article of December 4, 2019, entitled "Municipalities will pay up as Alberta adds 300 RCMP officers to combat rural crime", starting in April 2020, small and rural communities in Alberta will be contributing 10 percent of their policing costs, increasing to 30 percent by 2023 to total funding amounts for provincial policing. The article further states that Alberta has indicated that 100% of this contribution will go to staff roughly 300 uniformed officers who will join detachments and specialized RCMP units across the province. An additional 200 civilian members will carry out administrative and support roles. Alberta currently has about 1,600 RCMP officers. By the time the new model is fully implemented, it will have around 1,900.

Version 0; 2019-12-09
Source: QP Note on Rural Crime, 2019-11-25

Back to top

Arrest and Prosecution of Cameron Jay Ortis

Details

• On Friday, September 12, 2019, the RCMP arrested Cameron Jay Ortis. At the time of his arrest, Mr. Ortis was the Director General of the RCMP's National Intelligence Coordination Centre, a position which gave him access to sensitive and highlyclassified information. Mr. Ortis was charged with a collective seven counts for criminal offences under the Criminal Code and the Security of Information Act (SOIA).
• The RCMP acted as soon as possible in making the arrest. The full scope and extent of any injury is not yet known. The investigation is still ongoing. The RCMP is aware of the potential risk to its operations and those of its partners in Canada and abroad
• Mr. Ortis is currently in police custody after an Ontario Superior Court judge revoked his bail on November 8, 2019.
• Under the Criminal Code, Mr. Ortis is charged with breach of trust by a public officer and unauthorized use of a computer. Under the SOIA, Mr. Ortis is charged with unauthorized communication of special operational information and preparatory acts. The preparatory acts offence relates to preparations taken by a person to commit certain other offences under the SOIA, including offences pertaining to unlawful and unauthorized communications of safeguarded information to foreign entities or terrorist groups.
• As per the new Treasury Board Policy on Government Security the RCMP recently appointed a Chief Security Officer who is responsible for ensuring that security screening is conducted in a way that is effective, rigorous, consistent and fair.
• Access to classified information is granted on a right-to-know and a need-to-know basis. Employees are required to formally acknowledge they understand their obligations to protect this information and the consequences for not doing so.

Version 0; 2019-12-09
Source: [e.g.] QP Note on Arrest and Prosecution of Cameron Jay Ortis, 2019-11-25

Back to top

Human Trafficking

Key Facts

Details

Legal Framework

• Human trafficking involves the recruitment, transportation or harbouring of persons for the purpose of exploitation, typically sexual exploitation or forced labour.
• Canada ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (Trafficking Protocol) and its parent convention, the United Nations' Convention against Transnational Organized Crime, on May 13, 2002, to prevent trafficking, protect its victims and prosecute the offenders.
• Canada's criminal laws prohibit trafficking in persons for any exploitative purpose, regardless of whether it occurs within Canada or involves bringing persons into Canada. The Criminal Code of Canada contains specific human trafficking offences that are punishable by maximum penalties as high as life imprisonment, with mandatory minimum penalties ranging from one to six years.

Government Action to Date

• Since the expiry of the 2012-2016 National Action Plan to Combat Human Trafficking, the Government of Canada has continued to take efforts to address this crime, including enhancing funding through Justice Canada's Victims Fund, increasing protections for temporary foreign workers, and conducting stakeholder engagement.
• In Fall 2018, Public Safety conducted consultations to inform the way forward on human trafficking through three regional roundtables, a national summit, and an online questionnaire.
• Participants included victims and survivors, all levels of government, civil society, law enforcement and front-line service providers.
• Public Safety also held a separate sex worker roundtable in October 2018 to hear their views on the development of a new national strategy.
• Following these consultations, Budget 2018 announced $14.51 million over five years and $2.89 million ongoing to establish a national human trafficking hotline. Operated by the Canadian Centre to End Human Trafficking, the Canadian Human Trafficking Hotline was launched in May 2019.
• It is a bilingual, 24/7, toll-free line, referral service and resource Centre that receives calls, emails and texts about potential human trafficking in Canada and refers victims to local law enforcement, shelters and a range of other trauma-informed supports and services.
• In September 2019, the Government launched a new National Strategy to Combat Human Trafficking that is supported by an investment of $57.22 million over five years and $10.28 million ongoing.
• The National Strategy builds on the internationally recognized pillars of prevention, protection, prosecution and partnerships, and incorporates a new pillar of "empowerment" to ensure considerable focus is put towards enhancing supports and services to victims affected by this crime.
• Key Public Safety activities under the National Strategy include the development of a national case management standard, public awareness activities, training tools, new contribution funding for support services, and the establishment of an Advisory Committee made up of victims/survivors of human trafficking.

Back to top

Child Sexual Exploitation Online

Key Facts

Details National Strategy for the Protection of Children from Sexual Exploitation on the Internet

• Online child sexual exploitation is one of the digital age's most pressing safety issue that continues to increase in terms of scope, reach and impacts. The sexual exploitation of children is a heinous crime and is a serious concern for the Government, law enforcement agencies and partners in other levels of government and internationally.
• The National Strategy for the Protection of Children from Sexual Exploitation on the Internet (National Strategy) was launched in April 2004 and renewed on an ongoing basis in 2009.
• Public Safety Canada (PS) is the lead for the National Strategy and partners with the RCMP, Justice Canada (JUS) and the Canadian Centre for Child Protection (C3P), a not-for-profit organization responsible for operating Cybertip.ca, the national tip-line.
• The Strategy aims to:
  • Provide coordination and oversight of federal efforts to combat child sexual exploitation online;
  • Support law enforcement capacity to combat online child sexual exploitation; o Enable the reporting of online child sexual exploitation to proper authorities; o Support victims of online child sexual exploitation by facilitating the removal of imagery/videos;
  • Facilitate research on online child sexual exploitation to increase understanding of the scale/scope of the issue and inform action;
• PS coordinates and oversees the implementation of the National Strategy and leads the development of online child sexual exploitation policy.
• Public Safety also provides contribution funding to C3P for the operation of Cybertip.ca and development of Project Arachnid, a web-crawling technology solution to identify and increase the rate of removal of child sexual abuse material.
• The RCMP's National Child Exploitation Crime Centre is the national law enforcement arm of the National Strategy, functioning as the central point of contact for investigations related to the online sexual exploitation of children across the country and internationally when the victim or offender is Canadian.
• JUS reviews and develops legislation, and provides training, advice and support to federal partners and others.
• Recent investments of $22.24 million over three years, starting in 2019-20, support Public Safety Canada's enhanced efforts to raise awareness of this serious issue and reduce the stigma associated with reporting, increase Canada's ability to pursue and prosecute offenders, and work together with industry to find new ways to combat the sexual exploitation of children online.
• Ongoing investments under the National Strategy total over $18 million per year.

Version 1; 2019-12-09
Source: [Public Safety Canada.] QP Note on Child Sexual Exploitation Online, 2019-12-09

Back to top

Opioids

Details

• Over the past few years, the Royal Canadian Mounted Police (RCMP) and law enforcement agencies across the country have reported increased seizures of illicit fentanyl and increased occurrences of overdoses and deaths due to abuse of illicit opioids. Presently, the United States (U.S.) has the most fatalities in the world linked to opioid overdoses, followed by Canada. On February 13, 2017, the Prime Minister of Canada and the President of the U.S. released a joint statement outlining their respective commitment to finding common solutions to protect Canadian and U.S. citizens from opioid trafficking.
• Worldwide, criminal networks involved in the illicit opioids market are increasingly complex and transnational in nature. Criminal networks in Canada and abroad are utilizing the surface web and dark web to anonymously access a range of illegal goods and services in small quantities. Products purchased online are often shipped by post via numerous packaging techniques in an effort to disguise or circumvent detection.
• The RCMP has implemented a national operational strategy to guide both intelligence and investigative efforts targeting synthetic opioid importers, distributors, online (surface and dark web) vendors, manufacturers and traffickers. Also, the Organized Crime Joint Operations Centre (OC JOC), in partnership with Canada Border Service Agency and Canada Post Corporation, leverages each agency's investigative tools to supply intelligence on both domestic and international fentanyl shipments. In particular, the OC JOC focusses on investigations where synthetic opioids are being trafficked through the mail stream.
• China remains the primary source country for fentanyl in Canada. Fentanyl originating from China is procured primarily from the dark and surface Internet, and is usually in powder form. New analogues can be created by making minimal changes to existing ones, making it hard for Chinese government regulation efforts to keep ahead of illicit drug producers.
• In an effort to thwart such work-arounds, in April 2019, China's National Narcotics Control Commission announced improvements to its process for scheduling fentanyl and related analogues. This will help reduce the supply and enhance enforcement efforts related to the illegal import of these substances into Canada. While China currently remains the primary supplier for illicit fentanyl, analogues, and precursor chemicals to Canada, analysis suggests that Canada could see part of its fentanyl supply sourced from other counties.

Version 0; 2019-12-09
Source: QP Note on  Opioids Enforcement, 2019-11-25

Back to top

RCMP Harassment (Merlo-Davidson Class-action)

Details

• The Merlo-Davidson class action settlement was reached in October 2016, between the Attorney General of Canada on behalf of the Government of Canada and the Royal Canadian Mounted Police (RCMP) and plaintiffs in two proposed harassment- related class-action lawsuits representing all of the approximately 30,000 female members and employees employed in the RCMP since September 1974.
• The Office of the Independent Assessor was authorized to begin accepting claims as of August 12, 2017, with an initial deadline for claim submissions of February 8, 2018, subsequently extended until May 22, 2018. As of November 5, 2018, a total of 3,131 claims have been received, with decisions rendered on 731 of these.
• The Settlement agreement contains a series of change initiatives; progress against the action plans for these change initiatives is monitored on an ongoing basis. These include: the update and communication of RCMP harassment policies and expansion of anti-harassment training, advancing goals for increased recruitment and promotion of women, and updates to promotion policies and materials. They also include the establishment of Gender and Harassment Advisory Committees across the country to advise the Commissioner and Commanding Officers on issues related to gender, sexual orientation, harassment, equity and inclusivity. Formed in December 2017, these committees represent an important new venue for ongoing engagement across the organization as part of long-term change strategies.
• A new "Troop 17" Scholarship was also launched in April 2018. Named in recognition of the first troop of women Regular Members to graduate from Depot, this scholarship will be awarded annually to recognize outstanding work by post- secondary students in the area of anti-harassment.
• In 2017, a new unit was established to act as centralized support for the RCMP in the advancement of gender equality, diversity, inclusion and cultural transformation objectives. This unit is also overseeing the implementation of Gender-Based Analysis+ competencies across the organization, to ensure that all RCMP internal policies and external operations are informed by the systematic consideration of gender and diversity. Two new executive-level positions were created to lead this unit, including a new Senior Executive Committee member and a subject matter expert on gender and diversity analysis.
• In May 2017, the Civilian Review and Complaints Commission (CRCC) released its Report on Workplace Harassment in the RCMP coinciding with the release of the Review of Four Cases of Civil Litigation Against the RCMP on Workplace Harassment — Report to the Minister of Public Safety and Emergency Preparedness by Sheila Fraser (the Fraser Report). The RCMP continues to undertake efforts to address the findings of these reports.

Version 0; 2019-12-09
Source: QP Note on Harassment Merlo-Davidson Class Action, 2019-12-06

Back to top

Street Checks and Bias-free Policing

Details

• On November 29, 2019, Mr. Dan Kinsella, Chief of the Halifax Regional Police, delivered an apology, acknowledging the negative impact that street checks have had on the African Nova Scotian community in Halifax. The RCMP attended the apology as a gesture of solidarity.
• In March 2019, an independent report on street checks in Halifax, Nova Scotia, prepared by Dr. Scott Wortley of the University of Toronto, highlighted how street checks disproportionately impact African Nova Scotians in Halifax.
• The report includes 53 recommendations, some of which apply to the RCMP. Following the release of the report, in April 2019, Nova Scotia Justice Minister Mark Furey announced a moratorium on street checks. In October 2019, Minister Furey announced that the temporary moratorium on street checks will become permanent.
• The Nova Scotia RCMP and Chiefs of Police have provided feedback to the Nova Scotia Department of Justice in relation to their Directive, as well as formal written concerns. In general, the concerns address the impact to policing in Nova Scotia and the potential consequences of the definition of street checks as outlined within the Wortley Report. The Nova Scotia RCMP issued a news release to provide an external update on the Wortley Report recommendations. Following the release, Halifax District RCMP conducted media interviews on the subject. The RCMP is committed to addressing the recommendations that apply, and will be doing so with input from the African Nova Scotian community as well as RCMP employees.
• The Government of Ontario has passed legislation that will significantly restrict any street check program in the province, and the Province of BC is currently developing a street checks standard.
• The RCMP is committed to ensuring safe homes and communities for all Canadians. Employees of the RCMP are committed to the unbiased and respectful treatment of all people.
• The RCMP asserts that street checks are a valuable investigative tool that allows the storing and sharing of information related to crime and public safety issues. Street checks can be used to initiate and support investigations, and identify crime trends. The RCMP understands the need to maintain a balance between Canadian civil liberties and the necessity of police operations. The RCMP does not randomly and arbitrarily collect identifying information on citizens. Appropriate use of street checks is well defined in RCMP training and policy.
• The RCMP Street Checks Policy outlines the types of incidents where the recording of information obtained during interactions with the public is appropriate. This policy outlines criteria to be met in order for a common police/public interaction to be electronically recorded for intelligence purposes, including: when an officer has observed suspicious circumstances; when an officer has observed a person(s) at high crime areas; when an officer has interacted with persons known to be, or believed to be, involved in criminal activity; when gathering information on drug, gang or organized crime suspects; and other legitimate public safety reasons. The Policy allows members to make the determination of voluntariness based on the totality of the circumstances of their interaction with an individual. The Civilian Review and Complaints Commission for the RCMP is currently reviewing the RCMP's policies and procedures regarding street checks; therefore, any potential decisions on policy would follow the conclusion of the review.
• Bias-free policing means equitable treatment of all persons by all RCMP employees in the performance of their duties, in accordance with the law and without abusing their authority regardless of an individual's race, national or ethnic origin, colour, religion, gender, sexual orientation, marital status, age, mental or physical disability, citizenship, family status, socio-economic status, or a conviction for which a pardon has been granted. Pursuant to the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, sec. 37, RCMP Act and sec. 48, RCMP Regulations, RCMP members will provide equitable policing services to all people, while respecting diversity.

Version 0; 2019-12-09
Source: QP Note on Street Checks, 2019-12-05

Back to top

Arrest of Ikar Mao

Details

• On Friday, December 6, 2019 the RCMP arrested Mr. Ikar MAO and charged him with terrorism-related criminal offences under the Criminal Code. Mr. MAO is charged with participation in activity of a terrorist group (s.83.18), and leaving Canada to participate in activity of a terrorist group (s.83.181).
• Mr. MAO is a Canadian citizen, born in Canada. He was previously arrested in Guelph, Ontario on November 10, 2019 and released on a list of 19 bail conditions while awaiting his peace bond hearing. Mr. MAO and his wife were reportedly travelling in Turkey in July 2019 when they were detained by Turkish authorities near the Turkey-Syria border on suspicion of terrorism-related activity. They were arrested by Turkish authorities and charged for being part of a terrorist group in particular, "Daesh" (ISIS). They were held in custody until the matter was heard before the Turkish courts. (No conviction was registered). They were released without charge and returned to Canada in mid-October.
• Mr. MAO is the only person in Canada currently subject to a terrorism peace bond.

Version 0; 2019-12-08
Source: [e.g.] QP Note on Arrest of Ikar Mao, 2019-12-06

Back to top