Pubdate: Sun, 03 Jun 2001
Source: Vancouver Sun (CN BC)
Section: Pg B3
Copyright: 2001 The Vancouver Sun
Contact:  http://www.vancouversun.com/
Details: http://www.mapinc.org/media/477
Author: Daphne Bramham

OUR WAR AGAINST INTERNATIONAL CRIME WILL BE EXPENSIVE

Before governments, economists and other institutions were promoting 
globalization, organized  criminals were networking and moving their 
illicit goods rapidly across borders.

Experience has made them superb at diversifying quickly to meet demand and 
ferreting out locations where the cost of doing business is the lowest.

They're involved in drugs, money-laundering, weapons sales, people 
smuggling, prostitution,  reselling stolen vehicles, counterfeiting money 
and credit cards, even toxic-waste.

American security agencies said in a report released last December that the 
rapid rise in international crime due to the end of the Cold War, 
technological advances and globalization pose a significant threat to 
democratic governments and free-market economies.

The International Monetary Fund estimates of the size of their illegal 
businesses could be somewhere between $1 trillion and $3 trillion US each 
year. That's the equivalent of two to five per cent of the value of all 
goods and services legally produced throughout the world each year.

So serious is the concern about transnational crime that in December, 
Canada, along with 122 member states of the United Nations plus the 
European Community, signed the Palermo Convention that will increase 
cooperation on investigating and prosecuting organized, transnational 
criminals.

Since then, Canada and 79 other states plus the European Community have 
signed a protocol on investigating and prosecuting groups that traffic in 
people, and Canada and 76 others have signed the protocol on gangs involved 
in transporting illegal migrants.

You might not think that organized crime affects you -- a recent survey 
showed that most  Canadians don't think that it does. But consider that a 
third of all vehicles stolen in Canada are shipped out of the country.

Think about the Fujian migrants who washed up on our coast in the last 
couple of years having paid up to $50,000 US per person to be smuggled into 
North America or the thousands of Mexican migrants who pay "coyotes" to get 
them across the U.S. border.

Think about the drug-related crimes and the heroin and crack cocaine 
addicts on the  Downtown Eastside.

Until now, combatting transnational criminals has been virtually 
impossible, says Dimitri Vlassis, a crime prevention officer with the 
United Nations Centre for International Crime Prevention in Vienna.

Vlassis, who spoke here at a weekend conference on international criminal 
law, says it's only because of globalization -- legitimate globalization -- 
that the Palermo Convention is possible. And, he says, Canada has been one 
of the countries pushing for this.

At this point, however, it's only fair to point out Canada's important role 
in getting this convention signed is not so much out of altruism as it is 
preservation of its own relationship with other countries.

Canada is seen by some countries and by some within the country as having a 
pretty dismal record at dealing with organized crime.

A White House report on transnational crime released in December, singled 
out Canada as a key venue for gangs -- particularly Chinese gangs -- 
engaged in credit card fraud, heroin trafficking, illegal migration and 
software piracy.

One reason for that is a 1999 ruling by the Supreme Court of Canada that 
determined police officers have no authority to breach laws in the line of 
duty. This has resulted in cases thrown out of court because evidence is 
inadmissible and many undercover operations into people smuggling, hate 
crimes, gun trafficking and terrorism halted because it was impossible to 
carry on.

On Tuesday, members of Parliament are expected to vote on a bill to remedy 
that. It's a bill that senior justice department officials view as a 
possible template for developing countries that sign the UN convention.

It's the bill that would give undercover police the right to act as criminals.

Richard Mosley, the assistant deputy minister of the federal justice 
department, assures me  there are safeguards in place. The RCMP would have 
to get permission from the federal  solicitor-general to designate specific 
officers for undercover work. In Vancouver, the chief constable would have 
to get permission from the provincial solicitor-general.

What those designated officers do with that immunity would only be reviewed 
annually by the responsible minister.

There's another catch. Senior officers would be able to designate without 
getting permission if there's an emergency.

And they would be able to give permission to police officers from other 
countries -- for example, an FBI agent investigating gang activity in 
Washington that crosses into B.C. -- to break Canadian laws.

Should we trust all senior officers to make a decision like that without 
oversight? And more importantly, should we trust police at all with 
immunity from prosecution for crimes committed even if it means a bigger 
crime might be stopped?

Designated officers would be allowed to break a whole slew of laws from 
what Mosley calls  "banal ones" such as registering under a false name at a 
hotel to being able to deal illegal drugs or traffic in contraband, whether 
it's guns or people.

The bill does put some limits on the crimes designated officers can commit. 
They couldn't, for example, blow up buildings. But they could damage 
property as long as the owner of the property is notified that she or he 
can sue the police for damages. Designated officers are also specifically 
forbidden from doing anything that would cause bodily harm -- this includes 
sexual assault.

On the surface, limits seem to be a good thing. But Gerry Ferguson -- a 
University of Victoria criminal law professor who has serious reservations 
about the bill -- points out what those limitations would do is put 
undercover cops at even more at risk.

When crime bosses test the loyalty of new recruits, Ferguson figures 
they'll be smart enough to ask them to do something that cops are 
specifically forbidden to do.

Mosley agrees it's a problem that could make undercover work more 
dangerous, but says spelling out the limits are "a matter of public policy" 
- -- a policy he says most senior police officers support.

Stephen Owen -- Liberal MP for Vancouver Quadra, justice committee member, 
human rights defender, civil libertarian, former ombudsman, former deputy 
attorney general -- says organized crime is such a problem that countries 
need "extraordinary tools" to fight it.

Owen defends the bill as "a cautious, deliberate approach" that has "lots 
of accountabilities," including a total review of the bill in three years.

I want police and the courts to stop the monstrous gangs who annually 
abduct, trade and enslave an estimated 400 million people -- two million of 
whom are children headed for prostitution or for the harvesting of their 
organs. I want the illegal trade in weapons stopped. I want cars not to be 
stolen here for shipment and sale abroad.

But, I'm uncomfortable with giving blanket immunity to police officers to 
commit criminal acts even if it appears to be for the right reasons.

I'm uncomfortable with the notion of, 'We're the police, so trust us,' even 
though I know that all cops aren't criminals in waiting and that most 
police officers are committed to serving the public good.

But police go bad. The current This Magazine notes that between 1996 and 
2000, 29 police in Quebec alone were convicted of criminal offences -- 11 
of those were cases where the cops were tied to gangs.

It seems certain that this bill will become law given the Liberal 
government's majority. In which case, we can only hope that Stephen Owen is 
right that these are extraordinary circumstances and the safeguards are 
sufficient.

But there's also more at stake here. Canadian government officials want to 
offer this as a template for developing countries to investigate and 
prosecute transnational gangs.

And if you have doubts about how the law will be (ab)used in Canada, just 
imagine what could happen in corruption-ridden or gang-infested countries 
like India, China, Malaysia, Russia and Albania if bad cops have the chance 
to make their activities legal.
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MAP posted-by: Beth