Good afternoon.
My name is Inspector Gary Shinkaruk of the RCMP. I'm currently the officer in charge of the British Columbia outlaw motorcycle gang enforcement unit.
I spoke previously, briefly, on the scheduling of criminal organizations to the Standing Committee on Justice and Human Rights in Vancouver on April 30, 2009. I thank you for this honour and privilege to speak to you in a bit more detail on this extremely important and timely topic. I and my colleague, Detective Sergeant Len Isnor from the Ontario Provincial Police biker enforcement unit, are speaking on behalf of Criminal Intelligence Service Canada.
Honourable Justice Michael Moldaver concisely stated the following in an address to the chief justices in 2006:
With every passing day, more and more judges are voicing concerns about the length and complexity of criminal trials and the urgent need to address the problem now, before it’s too late. The concerns that they express relate to both process and substance. On the substantive side, many trial judges complain that the criminal law has taken on complexities and subtleties the likes of which are truly mind-numbing. Few feel confident in their ability to complete a criminal trial from start to finish without committing reversible error. And that, as we all know, translates into new trials and more delays and more expense and more stress on a system that is already overburdened, if not overwhelmed. My message to the Criminal Defence Bar was that the problem was not solely, or even primarily, one of their making. Rather, it was a collective one for which all of the major stakeholders bore responsibility.
Law enforcement, the justice system, and Parliament share this responsibility to appropriately and effectively respond to the threat of organized crime in Canada. The discussion of scheduling of criminal organizations is recognized by this committee, as well as by the law enforcement community, as necessary, timely, and relevant.
It must be noted that the discussion regarding criminal organization legislation is a complex issue that cannot be examined independently of the many other necessary judicial reforms that are needed. I will only be addressing the scheduling issue in my statement today.
Scheduling is not unique in Canada. For example, scheduling occurs with certain drugs in the Controlled Drugs and Substances Act. However, there is a considerable difference between the scheduling of an inanimate object--a drug--as opposed to scheduling membership in a criminal organization. Membership is an extremely complex issue, ripe for charter challenges. Considerable discussion and study is required prior to proceeding with the scheduling of any criminal organization. However, I firmly believe that in certain, albeit rare, instances, Parliament should give serious consideration to scheduling certain groups as being criminal organizations and to deeming membership to those criminal organizations as being illegal.
As an experienced investigator in the area of outlaw motorcycle gangs, I will present my recommendations using the Hells Angels as an example.
Speaking on behalf of ClSC, it is our belief, which is supported by investigations, intelligence, and our collation of evidence, that the Hells Angels are a criminal organization. Our assertion is supported by three justices' decisions.
On September 30, 2008, Justice McMahon stated, in rendering his verdict, the following:
I am satisfied beyond a reasonable doubt that the Hells Angels Motorcycle Club of Canada is a criminal organization as defined by section 467.1(1) of the Criminal Code. I am satisfied beyond a reasonable doubt that one of the main purposes or main activities of the Hells Angels Motorcycle Club of Canada is the facilitation or commission of serious offences including but not limited to trafficking in cocaine and other drugs, extortion, and trafficking in firearms. Further I am satisfied that the facilitation of these offences has resulted in the direct and indirect receipt of the material benefit by the Hells Angels Motorcycle Club in Canada and the individual Hells Angels members who have benefited.
Prior to this decision in 2007, Justice Scurfield stated, in rendering his verdict on the Hells Angels:
I am satisfied that the Crown proved that the Manitoba Chapter of this club is a criminal organization. The evidence on this point was simply overwhelming....Consequently, I am certain that the jury would have had no difficulty in concluding that the Manitoba Chapter of the Hells Angels Motorcycle Club was a criminal organization.
Prior to this decision, in 2005 Justice Fuerst stated in her reasons for judgment:
I am satisfied beyond a reasonable doubt that during the time period specified in count two of the indictment, the Hells Angels Motorcycle Club as it existed in Canada was a criminal organization.
As evidenced by these three separate court proceedings, the Hells Angels had to be proven to be a criminal organization three separate times. The evidence presented in each trial was independent of previous proceedings and evidence. The judges in each case made independent decisions based solely on the evidence of that case. It would appear that the determination of a criminal organization carries no weight outside that particular case. Further, it undermines the public's confidence in the judicial system when a group is declared a criminal organization yet is permitted to operate within Canada.
Further to my belief, there are particular situations when the evidence clearly proves that a criminal group is a criminal organization, making it undeniable to try to disprove that fact. Again using the Hells Angels as an example, I will outline major police investigations that have occurred after 2001 following the well-documented deadly drug turf war between the Hells Angels and the Rock Machine.
The biker war resulted in hundreds of violent incidents and over a hundred murders. It was the death of a young innocent youth that acted as the impetus that resulted in Parliament passing the current criminal organization legislation. Since 2001 there have been 28 major police investigations across Canada, specifically targeting members of the Hells Angels criminal organization. It is important to note that other criminal organization investigations and court proceedings have occurred, but I will only be discussing Hells Angels cases.
In the 28 investigations, 241 members of the Hells Angels were charged with various offences, including criminal organization offences. The 241 charged Hells Angels members account for nearly half of the Hells Angels active in Canada. Of the 28 investigations, 22 of the investigations resulted in criminal organization charges. As evidenced by these statistics, police investigations are making use of the legislation, demonstrating over and over that the Hells Angels and its members meet the criminal organization offence criteria.
The criminal organization court proceedings have ranged in duration from seven months to 48 months, and the average length of a court proceeding is approximately 25 months. In addition to the lengthy duration of these trials, the financial burden is also substantial, generally costing many millions of dollars. These investigations and trials are taxing law enforcement financially as well as draining human resources, due to their duration and evidentiary requirements.
The Hells Angels continue to learn from every court proceeding and adapt their methods of operation to keep ahead of law enforcement. Disclosure during court proceedings has given the Hells Angels a clear understanding of law enforcement processes, techniques, policies, and regulations. They are keenly aware of our limitations
In an attempt to proactively gather evidence required for courts, police now actively recruit members of criminal groups to work as police agents and obtain the necessary evidence to support prosecution. Police agents, while being an effective tool for law enforcement, also come with high costs. Agents require an increase in human resources during investigations, as well as incurring financial consequences. Recent investigations that have utilized agents have given awards ranging from $525,000 to $1 million. This does not include ongoing protection and witness relocation costs.
It is a costly venture for law enforcement and the taxpayer to continually present the same evidence to the courts to get the same desired outcome. The current reality is that each criminal organization ruling has no bearing on other cases. There comes a point at which the overall cost of continuously proving that the same groups are criminal organizations is increasingly hard to justify.
There is a need to continue studying the scheduling of criminal organizations. Other considerations of scheduling include making it illegal to be a member of a scheduled criminal organization. As I said, this is a very complex topic, and there is much to consider regarding regulations, including which body or bodies are able to schedule a group, the level of evidence required for a group to be scheduled, and the appropriate appeal, to name but a few of the issues.
Thank you for your time. Detective Sergeant Isnor and I will be pleased to answer any questions the committee may have.