RCMP Gazette Human Rights and Policing - Alberta Hate Crimes ...

Serving the police community since 1938Vol. 72, No. 3, 2010www.rcmp-grc.gc.caHuman rightsand policingTHE MANY ASPECTS OF PROTECTINGFUNDAMENTAL RIGHTSPost-disaster HaitiKeeping children from harmRacially biased policingA science-based approachEruption-readyIceland police put to testGazette Vol. 72, No. 3, 2010 1

lETTER FROM ThE EDiTORAt the heart of human rightsHuman rights is not a topic that the Gazette has specifically featuredin the past and yet it is at the very core of many articles we havepublished on human trafficking, hate crime and people smuggling,to name a few.In this issue on human rights and policing, we look at crimes inwhich human rights violations are central.But we also delve into the police officer’s pivotal role in ensuringvictims are cared for and in preventing biases from surfacing wheninteracting with the public.Training is essential to prepare officers for the demandingjob of policing. Caroline Ross writes about RCMP’s approach totraining members to avoid bias through its Cadet Training Programand subsequently with continuous learning opportunities. She alsowrites about the RCMP’s role teaching human rights concepts toother police forces overseas, concepts that sometimes take a whileto stick.In this issue, we also hear from Lorie Fridell, an associateprofessor of criminology from the U.S., who discusses raciallybiased policing from a scientific perspective. She says training andawareness, not blame, is the best approach to preventing most casesof bias.Tom Chapman, who teaches a human rights and policingcourse at Dalhousie University, shares his Canadian perspective onpreventing unintentional bias. He suggests education and communityinvolvement are paramount.Policing large public protests requires striking a delicate balancebetween human rights and public security. Sir Dennis O’Connor,Her Majesty’s Chief Inspector of Constabulary, describes his recentreview of the G20 protests in the U.K. Read about what he believesis the secret weapon for success.The police are often among the first to help victims whohave suffered from human rights violations. We hear from AnneGallagher, a lawyer and human trafficking expert, and Paul Holmes,a former police officer with Scotland Yard, who outline both thechallenges and the opportunities for police when responding totrafficking victims.We also hear from a former trafficking victim and currentadvocate who has written a book on her story. She has advice forpolice on how to gain the trust of vulnerable victims.Vulnerability is a critical factor for those at risk of human rightsviolations. Migrant smuggling in poverty-stricken Eastern Africa iscommonplace and researcher Fiona David looks at the realities ofpeople smuggling and the human rights implications of this trade inhuman misery.RCMP Sgt Lana Proper and Dr. Roberta Sinclair from theCanadian Police Centre for Missing and Exploited Children writeabout a specialized team that deployed to Haiti after the earthquake toprotect orphaned child from child sexual exploitation.The RCMP’s Hate Crime Unit in British Columbia has placedmuch of its effort on educating the public to come forward if theyare victims of hatred. The approach is working, and now thisintegrated team is fighting hatred with the Canadian legislationthat specifically targets these offences.Outside our cover section, you can learn how to deliver acompassionate death notification, hear about the Ottawa PoliceService’s online crime-mapping tool, and read about the IcelandPolice’s successful efforts preparing for and responding to a messyvolcanic eruption. ▪katherine AldredMore to explore on human rights and policingfrom the Canadian Police College Librarywww.cpc-ccp.gc.ca/library-biblio/library-biblio-eng.htmlBooksBowling, Benjamin. Policing and Human Rights: Eliminating Discrimination,Xenophobia, Intolerance and the Abuse of Power From Police Work. Geneva,Switzerland. United Nations Research Institute for Social Development, 2004.HV 7936 .R2 R7521Stenning, Phillip C. Police Use of Force and Human Rights. Burnaby, B.C..Simon Fraser University, 2003. HV 7936 .D54 P751United Nations. Human Rights and Law Enforcement. New York, USA: 2002.HV 7923 Un3Williamson, Tom; Crawshaw, Ralph; Cullen, Stuart. Human Rights and Policing.Martinus Nijhoff Publishers, 2007. K 3240.4 C85ArticlesKempa, Michael. “Conceptualization et réforme des processus policiers à l’èrede la mondialisation: l’économie politique de la sécurité humaine.”Criminologie, Vol. 41, No. 1 (2008), p. 153-175.Mendes, Errol. “How Do You Balance the Protection of the State With theRights of the Individual / Comment garder le juste milieu: protéger à la foisun État et bien respecter les droits de la personne.” Gazette, A Royal CanadianMounted Police Publication, Vol. 66, No. 4 (2004), p. 14-15.Dixon, Michael I. “Human Right: The Issue - Effects of the Human RightsRegimes on Policing and the International Sharing of Information.” Journal ofFinancial Crime, Vol. 14, No. 1 (2007), p. 28-33.2Gazette Vol. 72, No. 3, 2010

Serving the police community since 1938Vol. 72, No. 3, 2010A Royal Canadian Mounted Police PublicationDenis Francoeur, Service de police de la ville de MontréalCst Maxine Larouche of the Sûreté du Québec assists with first aid after the January 2010 earthquake in Haiti. A collaborative police response is key to ensuring human rights are protected.CoverHuman Rights and Policing8 Preparing RCMP members to police bias-free9 Mission critical: teaching human rights overseas12 B.C. Hate Crime Team fights hatred with education14 Post-disaster Haiti: protecting children from sexual exploitation16 Migrant smuggling in Eastern Africa18 Human trafficking challenges and opportunities for police20 A former trafficking victim speaks out21 Adapting to deal with highly charged protests: U.K. perspective22 Do you discriminate?24 A science-based approach to preventing racially biased policingDepartments2 Editorial message4 News notes6 Q&A with Lloyd Graham on delivering a compassionate death notification10 Panel discussion — Intercepting online communications: what must beconsidered when balancing lawful access with privacy rights?26 Just the facts27 New technology — Mapping tool helps Ottawa police share information28 Featured submission — Iceland police no strangers to volcanic eruptions30 Featured submission — DVI team helps repatriate victims in Haiti32 On the leading edge34 From our partners — Aviation organization puts focus on breeder documents36 Emerging trends — Training first responders in counterterrorismPUBLISHER – Nancy Sample EDITOR – Katherine Aldred WRITER – Caroline Ross GRAPHIC DESIGN – Alexandre GuilbeaultADMINISTRATIVE SUPPORT AND CIRCULATION – Michel Ravary TRANSLATION – RCMP Translation Services PRINTING – Performance PrintingGAZETTE EDITORIAL BOARDS/Sgt Lori Lynn Colbourne – Insp Craig Duffin – Sam Jaroudi – Sandra Porter– Dr. Roberta Sinclair – Dr. Brian YamashitaThe Gazette (ISSN 1196-6513) is published in English and French by the National Communication Services of the Royal Canadian Mounted Police in Ottawa. Cover design and contentsare copyrighted and no part of this publication may be reproduced without written consent. Canada Post Publications Mail Agreement 40064068. The Gazette is published four(4) times a year and is issued free of charge on a limited basis to accredited police forces and agencies within the criminal justice system. Personal subscriptions are not available.The Gazette welcomes contributions, letters, articles and comments in either official language. We reserve the right to edit for length, content and clarity. How to reach us: Editor — RCMPGazette, L.H. Nicholson Building, Rm A200, 1200 Vanier Parkway, Ottawa, Ontario, CANADA K1A 0R2, Phone: (613) 998-6307, E-mail: gazette@rcmp-grc.gc.ca, Fax: (613) 993-3098,Internet: www.rcmp-grc.gc.ca/gazette/index-eng.htm, © 2010 RCMP.Gazette Vol. 72, No. 3, 2010 3

NEWS NOTESuk POliCE REACh OuT TODEAF COMMuNiTyTo facilitate crime prevention throughout theUnited Kingdom, the Gwent Police Forcehas created an informative DVD that offersadvice to deaf persons on how to protectthemselves at home and in their community.Insp Kevin Childs of the Gwent Policepartnered with the British Deaf Association tocreate a DVD to help decrease victimizationof deaf persons, increase reporting ofcrimes and increase the deaf community’sconfidence in police in the region.Following the death of his deaf brotherin-law,Childs worked for several years withdeaf persons in the area.He realized the deaf community lackedaccess to crime prevention literature andpolice.“I was informed of horrendous storiesof deaf people who had been victims ofcrime but had failed to report the incidentsas they believed the police would be unableto communicate with them,” says Childs.“Through interpretation, they told me thata DVD would be an appropriate form ofmedia to deliver such messages as it gave theoptions of signing, lip reading and subtitlingin various languages.”The DVD features two deaf leadcharacters acting in eight different targetpronescenarios where the lead characterdoes both the right and the wrong thing, andan on-screen narrator shares tips and adviceabout the situation.“The DVD had been well received withinthe deaf community. We have receivedletters of thanks from deaf people all acrossthe Gwent Police area […] and we have evenreceived requests [for the DVD] from as faraway as Colorado,” says Childs.In a country with more than ninemillion deaf or hard-of-hearing persons, it isimportant that U.K. police agencies are ableto use British Sign Language.Since May 2008, many officers andpolice department employees who are likelyto come into contact with deaf persons havetaken a 20-week course to obtain a basicknowledge of sign language. ▪Mallory ProcunierCRASh STuDybREAkS GROuNDCollision testing by the British ColumbiaRCMP has broken new ground in theanalysis of single-vehicle rollover collisions.The testing, which took place in Terrace,B.C., from April 19 to 23, 2010, validatedthe deceleration value of a tumbling vehicle(the rate at which a rolling vehicle slows andcomes to a stop).This “tumble value” — originallydevised by automotive engineers — hadnever been verified for use in policecollision reconstruction analysis.“It’s very exciting,” says RCMP CplChris Romanchych, a Terrace-basedcollision reconstructionist who helpedorganize the study alongside other membersof the B.C. RCMP Integrated CollisionReconstruction and Analysis Service. “Wecan use the range of numerical values thatwe gained from the testing, work backwards,and apply a speed to [a tumbling] vehicle [atthe point] where the vehicle tripped. Wecouldn’t do that before.”When the findings are published — likelynext year — collision reconstructionistsaround the globe will have a documentedmeans of substantiating tumbling-vehiclespeed calculations in court. The result?Stronger evidence in support of dangerousdriving convictions.Numerical data aside, the study provided30 collision reconstructionists from acrossCanada with the unique opportunity toobserve rollover crashes in real time — andto assess scene-specific evidence againstcrash dynamics and recorded video footage.That experience helped dispelspeculation that officers could useground-level impact marks or passengerejectionpoints to accurately reconstructcollisions or calculate speeds, says RCMPSgt Pat McTiernan, a senior collisionreconstructionist in Prince George, B.C.“We watched cars go up in the air, rolltwice, then land and roll again,” he says.“In [other] instances, cars actually hit[passenger dummies that had been ejected]and projected them forward.”The study involved 31 crashes, eachsimulated by placing a test car broadsideto-the-roadon a custom-built deck attachedto the front of a tow truck. The truckaccelerated to speeds of 80 km/h, thenbraked, causing the test car to slide offthe deck and roll repeatedly. Passengerdummies — belted and unbelted —wereplaced in some cars. Other cars weredirected into hydro poles to assess vehiclecrush dynamics. ▪Caroline RossA passenger dummy hits a hydro pole just ahead of a tumbling vehicle during ground-breaking rollover testing at the Terrace airport.Courtesy B.C. RCMP Traffic ServicesGazette Vol. 72, No. 3, 2010 5

6Q & ADelivering a death notificationExpert advice on a difficult subjectWhen it comes to delivering deathnotifications, Lloyd Grahame doesn’t flinch.The retired Windsor Police S/Sgt teachesthe Death Notification Training programfor Mothers Against Drunk Driving(MADD) Canada, and has instructed morethan 18,500 police and victim servicespersonnel since 2004. Gazette writerCaroline Ross speaks with Grahame abouteffective strategies and how to handle someparticularly sensitive situations.Why is training in death notificationimportant for police officers?Thirty per cent of death notifications happenin the public sector — when people diesuddenly, violently, unexpectedly. It usuallyfalls to the police to do those notifications.For family members, this is a definingmoment in their lives: if it’s done properly,these people will never forget you [as thenotifying officer]; if it’s done improperly,they will never forgive you.What approach do you teach?We say: “In time [as soon as possible afterthe death], in person,in pairs.” We askpeople to keep thelanguage very simple[no police jargon]and to demonstratecompassion. Speaksoftly and kindly to the family so theyknow that they matter as people. Finally,empower the family to take on their owngrief and pain.What are some strategies forempowering the family?Give the family as much information[about the death] as possible. Informationwill empower them. The best approachis to listen to them, let them ask thequestions, and answer the questions ascompassionately and honestly as possible.The first questions are [usually]: “Are yousure?” “How did it happen?” “Where ishe or she now?” “When can I see them?”Do your research, so that when they ask aquestion, it can be answered at that time.You may also want to take a few notesRetired police S/Sgt Lloyd Grahame trains officers across Canada on how to deliver death notifications.and give the family written information —where the body is, what the address of thehospital is, who the coroner is, what timeevents unfolded.Death notifications are sometimesdone in a cloud of emotion and disbelief,and people don’t always remember thingsclearly at that moment.“Should I tell the family the truth?” Yes, tell the truth, butdo it in a soft-spoken, factual, compassionate way. It’s OK to behonest, without being brutally honest.how should officers handle deathsthat occur under bizarre, violent orperverse circumstances?Suicide, auto-erotic asphyxiation, deathsin someone else’s bed — these are horriblesituations.Officers have asked, “Should I tell thefamily the truth?” Yes, tell the truth, but doit in a soft-spoken, factual, compassionateway. It’s OK to be honest, without beingbrutally honest. People are going to findout the truth anyway. Sometimes officershide behind that fact that we can say, “Ican’t tell you that; it’s under investigation,”when really they just don’t want to give theinformation out because it’s too difficult.Well, families sometimes want detailsabout what happened, and not to beprotected from it.What about situations when familymembers want to view a badlydamaged body?There may be no issue standing in the wayof a family seeing their loved one other thanthe officer’s opinion that the body is in badshape and the family shouldn’t have to seeit. Officers are often surprised to learn thatsometimes familymembers actuallywant to see theirloved one’s body,even if it’s bad.The family mayneed a confirmationof death or anopportunity to say goodbye. If there are nolegal, health or evidentiary impediments,the officer needs to tell the family incompassionate, honest terms what they’regoing to see before they see it, [suggestwaiting until the hospital or the funeralhome, if that option is available], then letthe family make the decision.“Any advice to help ease theemotional strain on notifyingofficers?Remember that you are the messenger, notthe root cause of the pain.The grief and healing processes belongto the family; you cannot fix their pain andloss. What you can provide is compassion,honesty and patience at a time when it ismost appreciated. ▪Gazette Vol. 72, No. 3, 2010Ontario Police Video Training Alliance

Human rightsand policingGazette Vol. 72, No. 3, 2010 7

huMAN RiGhTS AND POliCiNGhuMAN RiGhTS AND POliCiNGHow the RCMP prepares membersto police bias-freeby Caroline RossWhen new members of the RCMP beginfield training, one of their first assignmentsis to identify a particular communitygroup — cultural, religious, demographicor other — and work with it to address anissue of concern.The exercise is just one example ofhow the RCMP is striving to build a biasfreepolice force — one in which membersinstinctively provide equitable, respectfulservice to every individual, regardless ofthat person’s age, race, religion, gender,mental or physical capacity, or otherpotentially “defining” characteristic.“Canada is going through big changesin internal diversity,” says Insp ShellyDuPont, who helped pen the RCMP’spolicy on bias-free policing in 2005. Policeofficers must be able to integrate into thecommunities they serve, she says, andintegration requires a constantly evolvingunderstanding of various populations andtheir unique needs.“With bias-free policing, it’s really apersonal growth of each and every officer,”says DuPont.building foundationsThe growth process begins at the outsetof the 24-week RCMP Cadet TrainingProgram (CTP). The very first trainingmodule includes 18.5 hours of in- andout-of-class learning on concepts such asdiversity, prejudice, discrimination, ethics,Canadian human rights history, and relevantlegislation. Cadets also have opportunitiesto explore their own personal biases.“The time that we spend on theseconcepts is comparable to the time we spendon other key concepts such as the powersof arrest and release, risk assessment andstatement-taking,” says Christine Hudy,lead educational methodologist at the RCMPtraining depot. “It’s really a significant timeblock in the CTP.”From there, cadets learn to apply theconcepts of bias-free policing during severalrealistic training scenarios thatalso teach the “nuts and bolts”of police work. Cadets tacklevandalism in a Vietnamesecommunity, investigate a caseof fraud involving seniors,and more — learning how toexercise their policing dutiesin a climate of tolerance andrespect.“By the time cadets leave[training], they’re very solidcritical thinkers,” says Hudy.“They [understand] that publicinterest is best served bylearning about and workingwith your clients.”Continuous learningAfter basic training, every officer isresponsible for enhancing his or her ownknowledge of Canadian diversity. Differentpostings will require different levels ofawareness and integration, and the forceprovides several resources to help membersprepare accordingly.RCMP National Crime PreventionServices hosts an internal Bias-FreePolicing website, where officers can accessmore than 100 cultural profiles createdby Citizenship and Immigration Canada,browse dozens of religious summariesBias-free policing is crucial ina diverse country like Canada,where Islam is the fastestgrowing religion, seniors arethe fastest growing age group,and the visible minoritypopulation could reach 20 percent by 2017.written by the Department of NationalDefence, and connect with regionally basedRCMP diversity co-ordinators who canadvise on local resources.Bias-free policing requires an understanding of the unique perspectives andneeds of Canada’s diverse communities.The RCMP Learning and Developmentbranch offers self-directed online courseson topics such as the Canadian Charter ofRights and Freedoms, Aboriginal cultureand Alzheimer’s disease.And divisions across the force aredeveloping more ground-level resources toaddress local policing needs — a list of Inuitelders who can advise on cultural issues inNunavut, for example, or a workshop onAfrican-Canadian and Mi’kmaq culturalsensitivities in Nova Scotia.Officers also learn from experience,says Sgt Greg Ericson of the Brooks,Alberta, RCMP detachment. Ericson nowprovides new detachment members withinformation sheets on the Islam faith, owingto Brooks’ growing Somali and Sudaneseimmigrant population.Local officers are also reaching out toeducate the immigrant community aboutCanadian laws.Such community engagement is trulythe heart of bias-free policing, says DuPont.But well-informed police officers are onlypart of the bias-free picture.“It’s equally important for the RCMPto educate our communities about what wedo,” says DuPont.“A lot of new Canadians may not haveaccess to that [information].” ▪RCMP8Gazette Vol. 72, No. 3, 2010

Mission criticalTeaching human rights overseashuMAN RiGhTS AND POliCiNGRCMP COVERby Caroline RossPolice officers in conflict-riddled countriesmight not think twice about abusingor neglecting the rights of prisoners orcitizens, but police officers deployed tothose countries on international peacemissions certainly do.In fact, a handful of Canadian civilianpolice officers are directly involved inefforts to educate foreign police forcesabout the principles of human rights.The profiles below are just two examplesof this work in action.Palestinian territories:basic training and beyondWhen RCMP Insp Jeff Dowling arrivedin the Palestinian-occupied West Bankin August 2009, the term “human rights”wasn’t part of the local police vocabulary.Over the course of Dowling’s one-yearposting with the European Union PoliceCo-ordinating Office for PalestinianPolice Support (EUPOL COPPS), thingsbegan to change.Dowling and Det/Cst Darrell Longleyof the Halifax Regional Police served asthe mission’s two police training advisors,providing the Palestinian Civil Police(PCP) with guidance on how to improvepolice training mechanisms. As part ofthat work, the two officers helped the PCPdevelop its first basic training module onhuman rights concepts.The module, which covers topics suchas non-discrimination, the prohibitionof torture, and the rights of women andchildren, was written by the PCP inconsultation with Dowling, Longley andDiane Halley, the mission’s Irish humanrights expert. The module will be taughtby PCP instructors when the new JerichoPolice Training School opens in early 2011.“This will be the first time that humanrights training will be given out to newpolice officers,” says Dowling. “It’s a PCPproduct, but we had every topic checked tomake sure it fit with modern law.”Beyond this foundation-buildinginitiative, Dowling and Longley have alsotrained PCP leaders on the particularsof policing democratic elections,accompanied officers to communitypresentations on human rights topics, andsupported PCP officials in the creationof a multi-jurisdictional committee toinvestigate allegations of police tortureand mistreatment — most of which wereignored in the past.Afghanistan:Decisions for tomorrowIn Kandahar, Afghanistan, human rightsconcepts are already incorporated into basictraining for general-duty officers, but it canbe difficult to make those concepts stick.“Most of those officers are noteducated,” says RCMP Sgt Derek Ayers,The police are changing, and they’re getting better.“They want to learn.Canadian civilian police officers stationed in Kandahar City have developed a six-week leadership and management coursefor senior members of the Afghan National Police. The course includes a full day of instruction on human rights concepts.“who was posted to Kandahar in March2010. “We need to take it to the next level[and target] officers who will be the leadersin the organization and [can] push thoseideas down the chain.”To reach these future decision-makers,Canadian civilian police officers stationedin Kandahar City have developed a sixweekleadership and management coursefor senior members of the Afghan NationalPolice — most of whom account for theforce’s 35-per-cent literacy rate.The course includes a full day ofinstruction on human rights concepts, withcontent based on principles establishedin the United Nations Charter and theUniversal Declaration of Human Rights.“We explain the three categories ofhuman rights as defined under the Charter,provide examples, and discuss how to handleallegations of human rights abuses in theforce,” says Ayers, who instructs the humanrights component. “You expect certainthings when you come to this country, butto stand in front of the classroom and talkto these local men, it’s really enlighteningto hear that they have the same generalopinions that we do.”Sgt Andre Wyatt, who is deployed fromthe Durham Regional Police Service and coordinatesthe course at ground-level, sayshe’s impressed by how quickly his studentscan identify scenarios that involve violationsof human rights, and how often they indicatethey would respond to such situations byreporting or firing the officers involved.But, Wyatt says, “I always stress withthem [that] doing the right thing is muchharder than saying you’ll do the right thing.” ▪Courtesy Insp Jeff DowlingGazette Vol. 72, No. 3, 2010 9

PANEl DiSCuSSiONIntercepting online communications:what must be considered when balancinglawful access with privacy rights?The panellists:Sgt Mark Flynn, Covert Intercept Unit, HQ Special “I”, RCMP, Ottawabenjamin Goold, Associate Professor, Faculty of Law, University of British ColumbiaDet insp Richard Schurr, manager, Crime Monitoring Centre, New Zealand PoliceMike Webb, national manager, Organisational Performance, New Zealand PoliceSgt Mark FlynnThe technology that people use tocommunicate has rapidly changed in recentyears. The use of the Internet is the mostsignificant change. It is a combinationof the traditional telephone, facsimilemachine, traditional mail, video camera,library and more, all carried over an openand mostly uncontrolled system. Manypeople use the Internet as their primarymeans of communication. Some even putintimate details of their lives online to sharewith friends, family and the world. Othersuse its instantaneous communications,anonymously, to facilitate crimes andcircumvent the ability of police toinvestigate those crimes.Law enforcement agencies recognizeand respect the privacy rights of individualsin Canada. The interception of any typeof private communication must take intoaccount the privacy rights of the individualand the public interest in the administrationof justice. This is a delicate balance that wasconsidered by Parliament when Part VI ofthe Criminal Code was enacted.Part VI requires that police meet strictcriteria before a judge will allow them tointercept a private communication andmakes it an offence to do so without judicialauthorization (with few exceptions forspecific situations). That has not changedwith the advent of the Internet.There are several hundred Internet serviceproviders (ISPs) in Canada and each networkis unique and designed in a manner thatsometimes makes the lawfully authorizedinterception of communications difficult orimpossible. In these investigations, a judge hasreviewed a request from a law enforcementofficer, weighed the privacy rights of theindividual versus the public interest, andgranted authority to lawfully intercept thecommunications. Sometimes, the interceptioncould not be carried out due to technologicalchallenges or could not be performed in atimely manner. Those involved in organizedcrime and child exploitation often takeadvantage of these challenges. In some cases,the lack of intercept capability has jeopardizedpublic safety.In recent years, law enforcement andnational security agencies have soughtimprovements to lawful access throughchanges in the law to aid in dealing withtechnological challenges when interceptingonline and other communication systems.Some refer to the changes as additional policepowers and a further invasion of privacy.This is simply not correct: the interception ofonline communications is no different thanthe interception of other types of traditionalcommunications.Police already have the lawful authorityto intercept online communications andhave been doing so for many years. Lawenforcement agencies are not seeking tochange how this authority is granted. Theelimination of technological challengesthrough new legislation would simply ensurethat an interception will be technologicallypossible, once a judge has granted lawenforcement the legal authority to carry outan interception.Any change to the law should be analyzedto determine if there are new privacyimplications for Canadians to ensure thatthere is no unreasonable state intrusion intotheir personal lives. As such, the best wayto ensure that privacy rights are not beingviolated is to have proper safeguards builtinto the law. Canada has a well-establishedjudicial process that ensures that a balancebetween privacy rights and public interestis maintained. This balance is crucial inassuring the safety of our communities.benjamin GooldThere are many things that need to beconsidered before the police should attempt tointercept online communications. Given thatreading someone’s email or monitoring theironline activities without their knowledge isa serious breach of privacy, it is essential forthe police to provide a clear and convincingjustification for such intrusions.In particular, they must be able to showthat the interception in question is bothnecessary and proportionate, and that there isno other, less invasive means of obtaining therelevant information or evidence. In addition,it is vital that the police take steps to ensurethat the information in question is used onlyfor the purposes for which it was originallyobtained, and that it is not shared in ways thatmay further infringe the individual’s right toprivacy. Where the police fail to meet thesestandards, there can be little doubt that theiractions — no matter how well intentioned —will constitute an unjustified infringement ofthe individual’s right to privacy and possiblyan abuse of due process.In the course of a criminal investigation,it is always tempting for the police to regardan individual’s privacy as less important thanthe prevention of crime or the apprehensionof criminals. Yet it is crucial for the policeto remember that the right to privacy doesnot just exist to protect individuals fromunwanted scrutiny or to help them maintain10Gazette Vol. 72, No. 3, 2010

PANEl DiSCuSSiONcontrol over their personal information. Asa society we are also committed to privacybecause it is necessary if people are to beable to enjoy the political freedoms that mostof us now take for granted in Canada. Ifthe police start to regularly monitor onlinecommunications without just cause, overtime people may become reluctant to useemail or Internet forums to exercise theirright to freedom of expression or to criticizethe government and public bodies such as thepolice.As more and more people come to regardemail as their main means of communicatingwith friends, relatives, and colleagues, there isa risk that the fear of police interception couldstifle free speech and healthy political debate.Finally, there is another reason whythe police should regard the interceptionof online communications as an evidentiallast resort: Police, more than any other stateinstitution, rely on the public’s trust and cooperationto do their job effectively.If the police fail to take online privacyseriously, then there is a very real danger thatthey will lose this vital public trust. If thathappens, then people may be less inclined tocome forward with information, to answerpolice questions willingly, or to makecomplaints.Given that public confidence is hard wonand easily lost, the police should be cautiouswhen it comes to weighing the short-termbenefits of interception with the longer-termcosts of infringing online privacy. If theydon’t, then all policing — not just criminalinvestigation — may quickly become verydifficult indeed.Det insp Richard Schurr and Mike WebbFrom cautious beginnings in the late1970s, when police were first granted legalauthority to intercept telecommunicationsinvolving suspected drug dealing, NewZealand lawmakers have sought to strikea balance between individual privacyinterests and public interests in effectiveinvestigations by enforcement agencies.Such balancing exercises continue today.Various checks have been built intothe New Zealand approach to grantinglawful intercepts.First, while the list of qualifying offenceshas gradually been increased to includeorganized crime and serious and violent crime,lawful intercepts are effectively limited toinvestigations of offences that carry penaltiesof 10 or more years’ imprisonment.Then, it must be shown that routineinvestigations have failed or are unlikely toresult in successful prosecutions.Should these thresholds be met, thenan application can be made to a High Courtjudge for a warrant to intercept “privatecommunications” content.Such applications can only be made bysenior police officers and must be supportedby extensive affidavit evidence that satisfiesthe Court that there are reasonable groundsto believe a relevant offence has or will becommitted.Should all these hurdles be jumped, a 30-day interception warrant can be issued on thecondition that interim and final reports on theuse and results of the interception warrantmust be given to the issuing judge or court.An important factor in building comfortin the system has been that New Zealand’snational police force is the only enforcementagency currently able to make use of interceptpowers. New Zealand Police is widelyregarded as non-corrupt and enjoys high levelsof public trust and confidence.Careful judicial oversight also acts totemper any potential for over-reaching,and helps to reinforce responsible policepractices. Indeed, arguably the most effectivemechanism protecting a person’s privacyoccurs at trial, when any unreasonably/unlawfully obtained evidence frominterceptions will not be admitted.There have been challenges. Theemergence of new technologies andindustry deregulation led to interceptiondifficulties in the late 1990s. NewZealand’s first GSM mobile network couldnot be intercepted for a decade, until NewZealand Police itself paid for the capability.This legislative gap was only plugged in2004 through the Telecommunications(Interception Capability) Act, requiringproviders of any public telephone or datanetwork to enable lawful intercepts to lawenforcement agencies.New services must now be compliantbefore they are released. Similarly, smallerISPs must assist enforcement agencies toachieve interception. ▪Gazette Vol. 72, No. 3, 2010 11

RCMP huMAN SubMiSSiON RiGhTShuMANAND POliCiNGRiGhTS AND POliCiNGB.C. Hate Crime Team fights hatredwith educationby Sgt Sean McGowanRCMP b.C. hate Crime TeamThe RCMP Hate Crime Team in BritishColumbia is an integrated unit created in1996 with a mandate to ensure the effectiveidentification, investigation and prosecutionof crimes motivated by hate.Hate crimes are offences that strikeat the very cohesiveness of society. Oftenindividuals and groups are targeted solely onthe basis of who they are, and not because ofanything they have done.The impact of these crimes extendsbeyond the initial victims and creates fearin the broader communities.These crimes can lead to socialtensions between individuals, groups, thepolice and other government agencies,thereby furthering the destructive aimsand objectives of those who encourage andpromote hatred. Hate crimes are diverse,engender repetition by others and inciteretaliation.If left unchecked, these crimes canincrease in their severity and may result inan escalation in social tensions betweendifferent groups, which can destroy theharmony in our communities.The B.C. Hate Crime Team realizesthat to effectively fight hate and bias crime,partnerships are critical.The B.C. Hate Crime Team is made upof the RCMP, the New Westminster PoliceService, the B.C. Ministry of Citizen’sServices, the B.C. Ministry of Public Safetyand Solicitor General, Crown Counsel andthe Attorney General’s Office.All these partners have a specific roleto play in combating hate in the province ofBritish Columbia.Between 1996 and 2002, the team’sprimary focus was public education.Because only a small percentage of hatecrimes are reported to police, the teamworked with the communities to build thetrust needed for people to come forwardand report these crimes. Since 2002,the Hate Crime Team uses a four-stepapproach to tackling hate crime: publiceducation (working with communities),police education, intelligence gathering andproviding expertise in investigations.Front-line officersPolice officers on the front line play asignificant role in combating hate, andmuch of the B.C. Hate Crime Team’s effortis spent addressing this issue.Two of the team’s full-time investigatorsdeliver presentations to other police acrossthe province.If a police officer responding to a hatecrime doesn’t recognize the key indicatorsof hate-motivated crime, if the crime is nottreated appropriately by investigators orbrought to the attention of the B.C. HateCrime Team, and if the true motivation ofthe crime is not identified, the legislationwithin the Criminal Code to deal with hatecrime effectively may not be applied.PartnersThe Crown Counsel assigned to the hatecrime team provides legal advice to theinvestigators and assists the local CrownCounsel in making the decision to lay hatepropaganda charges and putting togetherhate crime sentencing packages once anoffender is convicted of a hate crime.Another integral partner is theMulticulturalism and Inclusive CommunitiesOffice, which is responsible for thegovernment’s multiculturalism and antiracismprogram.The program is carried out throughgrants authorized by the MulticulturalismAct. It aims to prevent and eliminate racismby enhancing community understanding ofmulticulturalism and cultural diversity inBritish Columbia.The Act outlines government policyspecifically to create a society where thereare no impediments to the full and freeparticipation of all British Columbians inthe economic, social, cultural and politicallife of the province.The province has a strong commitmentto the Act. It has created the CriticalIncident Response Model (CIRM), a threestep,three-year program that supportscommunities to develop locally designedresponse and prevention strategies andprotocols to counter incidents of racismand hate.This program has proven its value andworth on several occasions, most recentlyin Courtney, B.C., where an assault ofa black man by three white men wasvideotaped and posted to YouTube. Theincident received much national attention.Courtney was already in the CIRMprogram and had developed a communityprotocol on how to deal with an incident ofracism or hate.By bringing together a representativeof the CIRM group with RCMP inCourtney, an appropriate media responsewas developed, which diffused anger andconcerns in the community.legislationWhat many police officers and members ofthe public do not know is that the CriminalCode of Canada has several sections thatdeal specifically with hate.These sections include the HatePropaganda Sections, 318 (AdvocatingGenocide) and 319 (Public Incitement ofHatred and the Wilful Promotion of Hatred).Sections 320 and 320.1, both warrant ofseizure sections, deal specifically with hatepropaganda. Section 430.(4.1)(Mischief toReligious Property) speaks directly to theoffence being motivated by hate, prejudiceor bias based on religion, race, colour ornational or ethnic origin.One of the most powerful pieces oflegislation is Section 718.2, the greaterpunishment section, which gives the courtthe ability to impose a greater sentenceon an individual if the judge believes theoffence was motivated by hate.The B.C. Hate Crime Team assisted inthe recent investigation and conviction ofMichael Kandola, who plead guilty to assaultcausing bodily harm, which was motivated12Gazette Vol. 72, No. 3, 2010

huMAN RiGhTS AND POliCiNGRCMP RCMP SubMiSSiON COVERThe impact of hate crimes extends beyond the initial victims and creates fear in the broader communities.by hate based on sexual orientation. InJustice Grove’s remarks, he said the Crownhad proven that hatred of the victim’s sexualorientation was the motivation behind hisactions.Justice Groves said this hatred wasan aggravating circumstance that he mustconsider in sentencing.TrendsThe most common offences that thehate crime team deals with are mischief,assaults, threats and hate propaganda.With developments in technology suchas the Internet and social networkingwebsites, investigators have seen anincrease in complaints of hate propaganda.Organizations that track hate activity on theInternet estimate that there are thousands ofhate sites today.The Internet is the main tool used by hategroups worldwide for recruiting, expressingtheir ideology and rhetoric, and selling theirhate music, which is an industry unto itself.Investigators are well aware of thebalance between freedom of expressionas expressed in Section 2 of the CanadianCharter of Rights and Freedoms and the hatepropaganda Sections as spelled out in theCriminal Code.Although many investigations of hatepropaganda have taken place, only onesuch investigation since 2002 has met thehigh standard for charge approval in BritishColumbia.It resulted in a criminal conviction forthe Wilful Promotion of Hatred, and it wasbased on the content of a website.The B.C. Hate Crime Team began itsinvestigation of this particular website in2004.Bill Noble was believed to be responsiblefor the U.S.-hosted site although he residedin Fort St. John, a community in northernBritish Columbia. The website promotedhatred against Jews, blacks, homosexuals,non-whites and persons of mixed race orethnic origin.The site also expressed an interestin recruiting skinheads and was linkedto several well-known neo-Nazi/whitesupremacist websites. Noble was foundguilty and received a sentence of six monthsin jail.Often in these types of crimes, theindividuals responsible for maintaining andcontrolling the hate sites believe that byhosting them in another country, they aresafe from prosecution or investigation inCanada.Investigators on the B.C. Hate CrimeTeam team believe that if an individualmaintains and controls a website fromCanada, regardless of where it is hosted,and this site is viewable to Canadians andmeets the high threshold when balancingfreedom of expression and hate propaganda,the individual is subject to investigation andprosecution in Canada. ▪Gazette Vol. 72, No. 3, 2010 13

huMAN RiGhTShuMANAND POliCiNGRiGhTS AND POliCiNGPost-disaster crimeProtecting Haitian children from child sexual exploitationby Sgt lana Prosper,Victim identification unitRoberta Sinclair, PhD, Research andDevelopment unitCanadian Centre for Missing andExploited ChildrenWhen a magnitude 7.0 earthquake struckHaiti on Jan. 12, 2010, the CanadianPolice Centre for Missing and ExploitedChildren (CPCMEC) went on high alert.Such widespread devastation would notonly mean high death tolls and injuries,but an increased vulnerability to crimes ofopportunity.In a country where 40 per cent of thepopulation is 14 years of age or younger,protecting Haiti’s children from childsexual abuse became a priority.The natural disaster–abuse linkThe sad truth is that the demand for childsexual exploitation images necessitatesthe sexual abuse of a child, and moderntechnology facilitates the almostinstantaneous production and distributionof images depicting this form of abuse.The connection between a naturaldisaster and the increased risk of child sexualexploitation is very real and exists largelybecause of a child sexual abuse imagery cycle.The cycle can be summarized as follows:• A child is sexually abused andphotographed or videotaped.• The imagery is uploaded to theInternet.• Like-minded offenders worldwidedownload and view the images.• Offenders request new images ofthe same child or new children. Thisdemand creates a hierarchy amongoffenders.• New imagery is then produced togain status.• The victimization continues eachtime the images are viewed orforwarded.The hierarchy among offenders withinthe context of child sexual abuse imageryis a key factor in information-technologyenabledexploitation. New, never-before-seenimages are linked to status in the offendernetworks.Newness of images and victims, andsevere violence, are sought-after traits formany offenders.When a country deals with an extremedisaster, as was the case following the 2004tsunami and the recent earthquake in Haiti,there is a weakened capacity to provideadequate protection for citizens, includingchildren.And just as emergency aid is timesensitive,so is the opportunity to abuse:offender networks often seize this windowof opportunity during post-disaster chaos tosexually exploit children.Sgt Lana Prosper, a victim identification specialist with the Canadian Centre for Missing and Exploited Children, was deployed to Haiti following the devastating earthquake last January. Suchnatural disasters create an increased risk for child sexual exploitation.RCMP14Gazette Vol. 72, No. 3, 2010

huMAN RiGhTS AND POliCiNGRCMP COVERSituation in haitiImmediately after the earthquake, Haitiwas focused on providing citizens withthe basic needs for survival. The HaitianNational Police (HNP) resources wereseverely depleted.Less protection and easy access tounsupervised and displaced childrencombined with the ever-present demandfor new child abuse images made Haitia prime target for new child sexualexploitation abuse.To interrupt the potential abuse cycle,the CPCMEC enacted Project Sentry — anappropriate name for a project founded onthe protection of children.The centre, in collaboration withPublic Safety Canada and the UnitedNations Stabilization Mission in Haiti(MINUSTAH), offered the specialistservices of its Victim Identification Unit(VIU) to help the Haitian police preventpost-disaster child sexual exploitation.This Canadian police response was thefirst of its kind and support for the projectcame from many international policeagencies including Interpol.The VIU comprises five RCMP memberswho are specialists in victim identificationtechniques.Its mandate is to identify children whoare depicted in images of IT-enabled childsexual exploitation.Victim identification is a key prioritybecause it can help investigators find childrenbefore more abuse takes place.The unit is Canada’s contribution to theInterpol VI Specialist Group and providesassistance to both national and internationalpolice officers.While there is always more work to bedone to protect children, the unit’s efforts ha vehelped to identify 127 Canadian children,and counting. Project Sentry provided anideal venue to create a database that mightone day result in police intervention and therescue of a child.Project SentryThe centre deployed three members toHaiti, all of them skilled VI specialistswho worked to capture the identificationof Haiti’s most vulnerable children, manyof them orphaned since the earthquake.Between April 8 and May 7, 2010, thespecialists visited 26 orphanages andtook 1,236 photographs of children to beincluded in a database of identified childrenand their surroundings.By taking photographs and collectingbiographical information of the children,the risk of exploitation is decreased largelybecause workers in the orphanages becomemore alert to the risks of potential abuse.Further, if there are future cases of exploitationinvolving Haitian children, the database willhelp investigators identify victims.The information gathered through ProjectSentry will be safeguarded and held by theCPCMEC for the Haitian National Policeuntil they are able to take full ownership.The centre will also facilitate victimidentification discussions between HNP,Interpol and MINUSTAH to enhance theinternational police response to victimidentification.If, in a few months, the VI specialistsinternationally start to see new sexuallyexploited images of children of Haitiandescent, they will be able to run the imagesthrough the database as a starting point oftheir investigation. This is a new approachto child protection and represents hope thatthe child depicted can be identified andlater found.Education and awareness were keycomponents of Project Sentry. Interactingwith the people who work at the variousorphanages in Haiti allowed the visitingmembers to explain the realities of childexploitation as seen by police.“By passing on what we have learned,we are able to help them better protect thechildren in their care,” says Gilbert Labelle, amember of the VIU. “It is often inconceivable[to them] that someone might adopt a childwith the sole intent of sexually abusing thatchild and making a profit via sharing thoseimages through the Internet.”In addition, when people see that policeare in the area and are aware of the potentialrisk of sexual exploitation, this can signal awarning to potential offenders.looking to the futureLater phases of Project Sentry will involvedeveloping a database on site in Haiti thatthe HNP can use to house the identificationmaterial and investigate future cases ofchild exploitation.The centre will also provide the HNPwith guidance on the protocols, techniquesand standards for working with theinternational VIUs.The ultimate goal is for the HNPto have a database to support its ownInternet-facilitated child sexual exploitationinvestigations and combat the issue oftravelling sex offenders who see Haiti as adestination for this activity.Like many countries around the world,Haiti has a strong network of internationalnon-governmental agencies workingto promote child protection. While onthe ground, the VIU members had theopportunity to learn more about what thiswork entailed.Agencies such as World Vision, theCanadian Child Welfare League and SOSChildren’s Villages are just a few of thegroups that work with the police (bothCanadian and Haitian) to advance victimidentification efforts within the country.As there are long-term impacts ofsexual exploitation, Project Sentry is anongoing commitment.“The RCMP is committed to childprotection. Projects like Sentry are a keyfocus,” says Luc Vidal, manager of Operationsat CPCMEC.“Through the international liaison officernetwork of the RCMP, we were able to relyespecially on the Santo Domingo office forsupport on the ground.”Child protection is a priority for thefederal government of Canada and for mostcitizens around the world. The CPCMECteam is already planning its subsequentphases of Project Sentry to help to developthe HNP capacity in responding to andpreventing the sexual exploitation ofHaitian children.Throughout the deployment, the teammembers received excellent co-operationfrom the HNP.Continued RCMP support willstrengthen the existing partnership betweenthe two agencies, and benefit the mostvulnerable children in Haiti. ▪Gazette Vol. 72, No. 3, 2010 15

huMAN RiGhTShuMANAND POliCiNGRiGhTS AND POliCiNGMigrant smuggling and human rights:notes from the fieldEastern Africa is one of the poorest, mostconflict-riddled regions in the world and,within this region, migrant smugglingbetween countries is commonplace.The following article by Fiona David, alawyer and researcher in smuggling andtrafficking issues, seeks to provide someinsights into the drivers and realities ofmigrant smuggling, and the human rightsimplications of this trade in human misery.by Fiona DavidIn Canada, as in my own country Australia,law enforcement is tasked with respondingto the tail end of the migrant smugglingprocess, the most visible aspect of which isthe unlawful boat arrivals. While politiciansresort to simplistic calls to “stop the boats”or “strengthen border protection,” thereality is that migrant smuggling raises ahost of complex criminal justice and humanrights considerations.indeed that the Government of Djibouti hasa refugee program. The government hostsapproximately 12,000 people in its onerefugee camp.Yet despite Djibouti’s apparentgenerosity, the refugee system is failing.Several of the young men told me thatthey literally could not get the necessaryappointment with the Djiboutian refugeeagency to register as refugees.The government has made an unwrittendecision that young men from Somalia are asecurity risk.It is the failure of this refugee systemthat drives many of these young men —with no home and no other hope — to getonto overcrowded boats and to try to build anew life elsewhere.Until fairly recently, Ethiopians andSomalis most commonly sought the servicesof people smugglers in the port town ofBossaso in northern Somalia.However, in 2008, grenades were letoff in an area that was heavily inhabited bymigrants.Reports vary as to why the bombingsoccurred, but 25 Ethiopian migrants werekilled. Increasingly, migrants are choosingto use the relative safety of the Djibouti–Yemen route.Meet the smugglersWhile in some senses people smugglersprovide a necessary safety valve for peoplewho need to escape civil persecution, thereality is that people smugglers are not allOskar Schindlers.In Eastern Africa, recent researchconfirms that migrant smugglers aredeeply implicated in perpetrating violence,including sexual assault of migrants,extortion, theft and racketeering against themigrants themselves.For example, smugglers on the boatsoperating between Somalia and Yemenare known for their violent and abusiveMeet the migrantsI was recently in Djibouti, one of the poorestcountries in the world, with a landscape thatis described by the CIA World Factbook as“largely wasteland.” Djibouti has a longcoastline in the Gulf of Aden. From someof the coastline, Yemen can be reached bysmall boat in less than two hours.While in Djibouti, I met with a group ofyoung people from neighbouring countrieswho had sought shelter there.They included men who had escapedfrom the army in Eritrea, women who hadsought shelter from Ethiopian conflict andmen fleeing from Mogadishu in Somalia.All lived on the margins of society inDjibouti.Each of them clutched a small folder withtheir most precious possessions: documents,sometimes dating back to the 1980s, fromthe United Nations High Commissioner forRefugees or the Red Cross.Djibouti (pop. 700,000) is wedgedbetween Eritrea, Ethiopia and Somalia.With neighbours like these, it is fortunateThis abandoned vehicle was used to transport migrants through the desert to the beaches of Djibouti where smugglers meettheir passengers.Courtesy Fiona David16Gazette Vol. 72, No. 3, 2010

huMAN RiGhTS AND POliCiNGRCMP COVERbehaviour. Deaths on this route arecommon: people are known to have beenthrown overboard for moving or causingtrouble. As the Yemeni coast is heavilyguarded by soldiers, passengers are oftenforced into the sea just off the coast and leftto swim ashore without assistance. If theycannot swim, they drown (Human RightsWatch 2009).Recent research also confirms thatin many parts of Eastern Africa, borderpatrols and law enforcement are complicitin the smuggling process.For example, large numbers ofEthiopians take the overland journey southto the relative affluence of South Africa.Along this journey, border officials inTanzania are known to be violent and someof those smuggled through Tanzania reporthaving been stripped of all their moneyand possessions, invasively searched anddetained (Horwood 2009).The law enforcement challengeIn addition to endemic corruption, lackof resources is the norm in this region.Recently, I spoke to the equivalent of thelocal mayor in a small coastal town that is amajor departure point for smuggling by sea.He said that in any one day, 500 people willwait to meet up with smugglers in his dusty,barren town of 10,000 residents.When they arrest smugglers andmigrants, he has to feed and house them forup to a week before they can be transferredto the capital city 250 kilometers away. Hesaid people smugglers who are arrestedand transferred are known to return thesame day.The push factors that drive demand forthe services of people smugglers are strong.The mayor said he has tried everythingto deter the migrants from leaving on thesmugglers’ boats, even going so far as tomake prospective migrants bury the corpsesof other migrants that have washed up onthe beaches.However, even this brutal action doesnot deter migrants from attempting to leave.The factors that push them out (civil unrest,famine, lack of basic necessities of life)and pull them overseas (the mere chanceof a better life) are stronger than the fear ofdrowning.Towards solutionsWhile far from perfect, the internationalcommunity has hammered out a consensusagreement on how to respond to thesmuggling of migrants as a crime type: theProtocol against the Smuggling of Migrantsby Land, Sea and Air, supplementingthe United Nations Convention againstTransnational Organized Crime (the UNSmuggling of Migrants Protocol). TheProtocol seeks to balance the need toaddress crime, while also protecting therights of the smuggled migrants.By signing onto the Protocol,governments agree that they will criminalizepeople smuggling (that is, the procurementof the illegal entry (or residence) of anotherfor profi t).However, the Protocol also contains anumber of other provisions. For example,countries that sign onto the Protocol agreeto take the following steps:• protect smuggled persons from death,torture or other cruel, inhumane ordegrading treatment or punishment;• protect smuggled migrants fromviolence;• provide appropriate assistance topersons whose lives or safety areendangered by smugglers;• promote and strengthen developmentprograms aimed at combating the rootcauses of migrant smuggling, such aspoverty and under-development.The challenge is to turn these finestatements of principle into appropriatelaws, policies and responses on theground. For example, what does it meanto “protect smuggled migrants from deathand violence?”Horwood, Chris 2009. In Pursuit of the SouthernDream: Victims of Necessity. Assessment of theIrregular Movement of Men from East Africa andthe Horn to South Africa. Geneva: InternationalOrganization for Migration.Guerette 2007. Migrant Death: Border Safety andSituational Crime Prevention on the US-MexicoDivide. New York: LFB Scholarly Publishing LLC.ReferencesIn the Eastern African context,numerous migrants literally die either ofthirst in the desert or from drowning insmall boats.Confronted with a similar issuealong the U.S.-Mexico border, the U.S.Government initiated the Border SafetyInitiative. This has included the insertionof rescue beacons in deserted locations formigrants who become stranded and needemergency assistance, and training forofficials in search and rescue (Guerette2007).ConclusionMigrant smuggling is a complex issue.Responses have to strike a delicate balancebetween the need to allow people to seekrefuge, while not allowing those responsiblefor the darker side of this trade to escapejustice.Having ratified the UN SmugglingProtocol, countries such as Canada andAustralia have recognized that law-andorderresponses are part of the solution, butequally important are the related elementsof prevention, development assistance,international co-operation and practicallyfocused efforts to protect the lives andsafety of smuggled migrants. ▪Fiona David is an independent consultantwhose clients have included the InternationalOrganization for Migration and the UNOffi ce on Drugs and Crime. Her recentassignments include drafting a Model Lawto implement the UN Smuggling Protocol,and reviewing national laws on migrantsmuggling in 13 Eastern African countries.The views expressed herein are solely thoseof the author.Human Rights Watch. Hostile Shores: Abuse andRefoulement of Asylum Seekers and Refugees inYemen. New York: 2009.www.hrw.org/en/reports/2009/12/21/hostileshores-0Gazette Vol. 72, No. 3, 2010 17

huMAN RiGhTShuMANAND POliCiNGRiGhTS AND POliCiNGHuman trafficking: challenges andopportunities for policeCourtesy Fiona DavidIndividuals are trafficked into every industry where their exploitation can make others money, including farms, factories, war zones, construction sites, fishing boats and even private homes.by Anne T. Gallagher andPaul holmesIt is now recognized that human traffickingaffects most countries of the world. In thepublic mind, and in the minds of many lawenforcement officials, trafficking is mostcommonly associated with exploitativeprostitution. However, as we learn moreabout this crime type, it has become clearthat the end-purposes of trafficking are asvaried as the potential for profit: individualsare trafficked into every industry and areawhere their exploitation can make othersmoney. This includes farms, factories, warzones, construction sites, fishing boats andeven private homes.Exploitation associated with traffickingis certainly not new, but it is only over thepast decade that national law enforcementagencies have been called upon to play anactive role in identifying and protectingvictims and investigating perpetrators.While some progress has been made, thechallenges to a truly effective criminaljustice response to trafficking areconsiderable. This article first summarizesthe current international consensus onwhat should be done to end impunity fortraffickers and secure justice for victims.It then outlines what the authors haveidentified as the essential elements to aneffective criminal justice response.Obstacles to an effective criminaljustice responseIn every part of the world, prosecutionsfor trafficking-related crimes are very lowwhen measured against the size of theproblem. Victims are too often misidentifiedas illegal migrants or illegal workers — ornot identified at all. Despite being the key tosuccessful prosecutions, victims are almostnever brought into the criminal justiceprocess as witnesses.While this is changing slowly, therecan be no doubt that the odds continueto favour the criminals. The reasonsare not difficult to fathom. Traffickersoperate around industries that are poorlyregulated and poorly policed. They prey onmarginalized and powerless individuals:migrant workers, children, women escapingpoverty and violence. The traffickingprocess itself usually operates to increasevulnerability. Victims are subject tophysical and psychological violence; theiridentity documents are taken away; theirfamilies are threatened. Often it is not evennecessary to lock up a victim of traffickingas coercion and intimidation create theirown chains.From a law enforcement perspective,the practical obstacles to an effectivecriminal justice response to trafficking areconsiderable. They include the following:• The complexity of the crime:trafficking is a difficult, timeconsumingand resourceintensivecrime to both investigateand prosecute.• Heavy reliance on victim testimony:Except in cases of proactive,intelligence-led investigations (stillthe exception in every part of theworld), victims are usually the onlywitnesses able to give a full account ofthe crime. They are therefore essentialto proving a human trafficking case.This raises very difficult practical andevidentiary issues.• Lack of experience: Trafficking andthe forms of exploitation with whichit is most commonly associatedare essentially “new” crimes. Nocountry can yet lay claim to genuine,18Gazette Vol. 72, No. 3, 2010

huMAN RiGhTS AND POliCiNGRCMP COVERextensive experience in dealingwith trafficking as a criminalphenomenon. Most countries aredeveloping and adapting theircriminal justice responses on therun, and principally through trialand error.• Lack of co-operation acrossborders: Co-operation and crossfertilizationof ideas across bordersis still very limited. Mistakesin one country are not quicklycorrected in another. Goodpractices and lessons learnedare not disseminated as widelyand rapidly as they should be.It is also necessary to take into accountthe highly charged political and socialenvironment around this issue. Traffickingis implicated in some of the most sensitiveissues of our time including labourmigration, prostitution and discriminationagainst vulnerable minorities. Lawenforcement agencies may find themselvescaught up in debates and controversies thatcan affect their ability to address traffickingdiligently and professionally.Elements of an effectivenational responseIn 2008, we published an academic paper,“Developing an Effective Criminal JusticeResponse to Trafficking in Persons:Lessons from the Front Line,” summarizingour experiences of working with criminaljustice agencies in more than 40 countrieson the issue of trafficking. 1 In that paperwe proposed eight elements of an effectivenational criminal justice response totrafficking. They are as follows:A strong legal frameworkThe national legal framework needs to beclear and complete. It needs to criminalizetrafficking and related offences includingthose forms of abuse and exploitationthat are inherent in trafficking. The legalframework must also enable the rest ofthe system, for example, by ensuring thatinvestigators can do their job properly,that victims can access remedies, and thatevidence can be exchanged across borders.1 http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=73070A specialist lawenforcement responseTrafficking cases require specialistinvestigators. Specialist trafficking unitsstaffed by trained investigators are nowa feature of many national police forces.To be effective such units must be wellresourced. They should be mandated toconduct or to supervise and advise onall trafficking investigations undertakenwithin the country. They should beempowered to exercise the legal andprocedural powers required to conducttrafficking investigations using the fullrange of available investigative techniques.Front-line law enforcement capacityThe best specialist investigators still relyheavily on their colleagues in the field.Frontline officials, whether they are police,customs, immigration or labour inspectorsare almost always the ones who haveresponsibility for identifying victims oftrafficking in the first place. It is thesesame officials who bear responsibility formanaging the first crucial hours of anytrafficking investigation until specialistinvestigators are in a position to take overthe case. This means that frontline officialswill often be responsible for critical taskssuch as victim safety, evidence preservationand detention of suspects. Frontline lawenforcement agencies require strong andconsistent support, including resources,training and direction, to do this job properly.Prosecutorial and judicial supportThis is the key to ensuring that the workdone by investigators is not wasted. Lackof knowledge or commitment at theprosecutorial and judicial level can befatal. On the other hand, a well-informedprosecutorial service and a committed,aware judiciary can make all the difference.Victim protection and supportVictims have a dual role in the criminaljustice system. The system is there to helpthem secure justice including conviction ofperpetrators and access to remedies. Butvictims also have a role in serving justicemore broadly. Prosecuting traffickers remainsheavily dependent on the co-operation andinvolvement of victim-witnesses. Theirwelfare, their state of mind and their futurebecomes a direct concern to the criminaljustice system on a number of levels.Effective international co-operationA great deal of trafficking involvesmovement across States and persons orevidence located in two or more States.The best investigations and the bestprosecutions will not treat this as a localcrime but will extend to embrace the entirechain of events. This inevitably meansinternational operational co-operation toexchange intelligence and conduct jointinvestigations, and international legal cooperationto exchange evidence, suspectsand the recovery of assets.Political/community supportThe effectiveness of a national criminaljustice response to trafficking dependsheavily on factors outside the immediateambit and control of the criminal justicesystem itself. Without communityunderstanding and support, withoutinformed political commitment, an effectivecriminal justice response to trafficking willelude the best police force, the strongestprosecutors and the most informed judges.For those working in the field, therecan be little doubt that trafficking andrelated exploitation is not decreasing andis quite probably getting worse. In thecoming years, the job of law enforcementwill certainly become more complicatedand possibly more politicized. A clearunderstanding of what an effective criminaljustice response to trafficking should looklike, an appreciation of the obstacles tosecuring such a response, and a willingnessto consider changing what is not workingwill stand national police agencies in goodstead, now and into the future. ▪Anne T. Gallagher is an internationallawyer specializing in trafficking. She isthe former Adviser on Trafficking to theUnited Nations High Commissioner forHuman Rights.Paul Holmes is an independent lawenforcement adviser and former operationalhead of the sex-trafficking squad of NewScotland Yard.Gazette Vol. 72, No. 3, 2010 19

y her Majesty’s Chiefinspector of ConstabularySir Denis O’Connor CbE, QPMWhen I set out along the road of reviewingLondon’s G20 protests and addressing thewider issues facing public order policingin the United Kingdom, there was one keyquestion at the forefront of my mind:“How can the police service adapt to thechanging demands of public order policingwhilst retaining the core values of theBritish Model of policing?”That model — first articulated by thefounder of London’s Metropolitan Police,Sir Robert Peel — is an approachable,impartial, accountable style of policingbased on minimal force and anchored inpublic consent.My assessment in two published reportsis that adaptation in British policing isnecessary to deal with highly chargedprotest events as conventional tactics nolonger work.I believe that those highly chargedevents need the following:• recognition / understanding of theircharacter and purpose• a sure-footed assessment of theadditional pressures they place onstriking a balance between the needsof protestors and others where thereis a premium on public confidence• an extended repertoire of conflictmanagementtactics consistentlydeployedIn the U.K., these events require thepolice to strike the very delicate and oftendifficult balance between competinginterests.Police must, as the Met did, ensureinternational events such as G20 can takeplace while facilitating peaceful protest.This is increasingly important as wehead towards the London Olympics in 2012,when several of England and Wales’ forcesmust work together.However, those 43 forces do not havehuMAN RiGhTS AND POliCiNGRCMP COVERPolicing must adapt to deal withhighly charged protestscommon standards of training,tactics or leadership to enablethem and their exposed officers tooperate coherently and effectivelywith one another at regional,national and international events.For example, there are fiveways of training with shields.Similarly, there are no agreedprinciples on the use of force,or the measured and calculatedescalation of force. This must berectified.Updating guidance takes toolong (currently over a year) andleads to too many manuals thatlook like telephone directories.But the shortfall is not simplya technical or tactical matter.For example, many officers wespoke to thought that proportionalforce meant reciprocal rather thanminimal — that they must react ifthere was non-compliant behaviour.In a tight corner on a hot afternoon,officers need a touchstone that copes wellwith the demands of charged events whenmaking difficult decisions.In our view, the British Model does thetrick. This model puts the police “amongstthe people” rather than separated throughdevices such as water cannons. It allowsthem to assess the temper of the crowd andindividuals. Its strengths are well suited tothe mixed crowds, contested spaces andcompetition for publicity associated withmodern protest.Our recommendations includenurturing it and its application to publicorder policing.HMIC, in its role as a fierce advocate ofthe public interest, is committed to ensuringthat the service learns from the painfulexperiences of recent years, embraces itsrich history and sets itself up to succeed inthe future.HMIC are working with the Associationof Chief Police Officers to review therevised Public Order Manual and TrainingPackages to make sure that human rightsPolicing of highly charged protests must strike the rightbalance between order and liberty.considerations are fully integrated intooperational guidance and that the content iseasily accessible to those who need it.We are also monitoring the nature ofprotest across the country.As a result, we are in the process ofdeveloping a supplement to Adapting toProtest that examines the interplay betweenthe rights to freedom of expression andassembly following the emergence of rightwingprotests and counter protests.If there is a secret weapon, it is respectfor what the British Police do.Winning that respect — and the consentthat goes with it — is even more important inthis 24/7 world.A precious trust was placed on theBritish Police to strike the right balancebetween order and liberty in Peel’s originalconception. It was an idea and ideal worthstriving for then and now. That is why werecommend it. ▪Before joining the Inspectorate, Sir DenisO’Connor was Chief Constable of Surrey(UK). He has also served as Deputy Chief ofKent and Assistant Commissioner in London.Kevin Masterman, Toronto Police ServiceGazette Vol. 72, No. 3, 2010 21

huMAN RiGhTShuMANAND POliCiNGRiGhTS AND POliCiNGDo you discriminate?Training, community involvement great tools for preventing biasby Tom ChapmanDalhousie universityDo you discriminate? Do your prejudicesshow in your work? Most police officers donot consider their actions or behaviours asdiscriminatory, but they may be surprisedto learn that they are unintentionally biasedin their day-to-day duties. Subtle and evenovert discrimination can manifest in theway a police supervisor treats employeesor in the manner officers interact withthe communities they serve. Often it isunperceived bias that is to blame.Human Rights legislation providesfundamental protection to everyone inCanada for specified activities based uponindividual or group characteristics. Thefirst human rights legislation came intoeffect in the 1960s. Ensuring these rightsare protected and honoured is a continuallyevolving process.Consider the transformation that tookplace between 1960 and 2010 in how policeofficers themselves acquired rights in theirown employment. Not so long ago, a personhad to be of a specific height and weight tobecome a police officer, and women were juststarting to be recruited yet required to resign ifthey became pregnant. The entrenchment andadvancement of human rights has changed thisso that we now enjoy a more equitable workenvironment. Greater latitude in the areasof maternity and parental leave, recruitmentstandards, varied duties for injured or disabledofficers and uniform adjustments are nowafforded to accommodate gender, culture,religion and other protected grounds thathuman rights legislation grants us.With the advent and widespread practiceof community policing principles combinedwith human rights and constitutionallegislation, can discrimination still bepossible? Unfortunately, the answer is yes, butit can be prevented.Although some policing actions may bedeliberately biased, many simply originatefrom a lack of awareness and knowledgeof fundamental human rights andtheir implications.What do police officers need toknow? Human rights legislation providesprotection in the areas of accommodation,employment and goods and services forprotected grounds such as race, colour,religion, gender, age, marital and familystatus, sexual orientation and disability.Just as officers enjoy these rights inemployment, the expectation is that theservice they provide to the public will bedelivered in an equitable manner upholdingthe same protected rights.As with any law, police officers need tostay informed and know what is requiredby these statutes. Each province andterritory, as well as the federal government,has enacted human rights legislation andthe courts uphold these protections asquasi-constitutional, and interpret themliberally. All Acts are similar, yet someminor variations create the need for eachto be reviewed for clarity. For example,the Ontario Human Rights Act specificallynames breastfeeding as a gender-basedactivity whereas the other Acts do notspecially list this protection.intentional or not, it’sstill discriminationIn lay terms, discrimination is anydifferential treatment of a person or groupbased on individual characteristics thatexcludes, denies or prevents that personor group from participating or enjoyingthe same rights, freedoms, liberties oropportunities available to others. Intent isnot required to be proven. It is the effect ofthe treatment that is considered crucial.Discrimination may be direct (intentional)or adverse or systemic where no intentionis involved. A genuine rule or standard mayadversely affect some people such as forcingshift workers to work weekends contraryto religious beliefs. Likewise, height andweight requirements may unfairly eliminatecertain classes of people. Systemic issuesoccur from long-standing prejudices orstereotypes. The old belief that women donot have the body size or strength for policework or firefighting comes to mind.Although legislation focuses onremedying discriminatory situations andworks to resolve, educate and preventdiscrimination rather than applyingpenalties, there are consequences for thosefound contravening these protections. Thereare several avenues to provide victims withrelief from discriminatory situations. Theseinclude mandating educational sessions tothe person who discriminated, changing apolicy or, in some cases, providing monetarycompensation. Civil suits are also possible.All Police Acts include discriminatorybehaviour as discreditable conduct thuscreating possible disciplinary measures.A couple of examples will show howeasily misunderstandings can lead todiscrimination.• Police stop a man in an area wherebreak and enters are frequent. Hespeaks very little and does notopenly respond to questioning.Police arrest him, but later he isreleased unconditionally. It turnsout that he is a rabbi who wasobserving a custom of silenceon the Sabbath, but the arrestingofficer was not familiar with thiscustom. The arresting officer didnot recognize the man’s right tosilence in observance of a religiousobligation. By being aware of thepossibility of a this man’s actionsresulting from a cultural or religiousbasis may have led the officer to adifferent course of action.• A person of colour is stopped forspeeding and police ask him ifhe is Canadian. This seeminglyinnocent question does notrespect human rights. What doesnationality or citizenship haveto do with a traffic violationother than possibly indicate anadverse bias towards a person ofcolour? Would the same officerask a Caucasian person the samequestion? Obtaining the person’sdriver’s licence can answer that22Gazette Vol. 72, No. 3, 2010

huMAN RiGhTS AND POliCiNGRCMP COVERquestion but does the officer needto know the answer anyway? Subtlevariation in an officer’s approachcan make all the difference.How do you prevent violations whendelivering policing services? A few simplestrategies can go a long way.First, better trained police officers haveinsight and the ability to relate to multiracial,diverse communities. Coupled withon-going in-service cultural sensitivityand diversity awareness education,police agencies can reduce adverse andsystemic discrimination. Human RightsTribunals consistently recommend ormandate training to rectify discriminatorycircumstances. Police need to understandwhat constitutes prejudiced behaviourbefore it can be corrected.Second, community policing principlesencourage mutual understanding and buildtrust between the community and police.Community policing focuses on mutualproblem-solving rather than enforcement.Working together helps to break downbarriers between community membersand police. By truly getting to know thecommunity, the community can get toknow the police. Officers can get involvedby volunteering their time and expertise,and showing the community they are goodneighbours and community partners — notjust the ones who show up to issue a ticket,make an arrest or answer a call. In this way,officers learn about the various culturesand customs in the community and in turnunderstand the people they deal with dayto day. They can avoid making incorrectassumptions because they better understandthe cultural mosaic.Third, police agencies need to berepresentative of the community they serveby recruiting and retaining officers fromdiverse cultures and ethnicities. Althoughthis strategy is more organizationallybased, locally police can work together anddevelop community consultative groups.These groups can give police officersinsight on rights-based issues that theymay not have perceived or considered.Building partnerships, and understandingand respecting mutual expectations, helpseliminate preconception on both sides.By truly getting to know the community, police officers can learn about the various cultures and customs and avoid making incorrect assumptions.If an agency is not representative of thecommunity it serves, it should at least striveto better understand the community’s issuesand needs by engaging with them.Finally, police agencies should createa welcoming atmosphere for members ofthe community. Some police services havedeveloped youth camps, cadet corps, specialrecruitment and police information events,tours and open houses to successfully createinterest in policing careers and to take themystery and distrust out of policing.Learn more about human rights bycontacting your human resources or diversityco-ordinator, take cultural awarenesscourses, enrol in human rights courses orsimply read up on the topic. Eliminatingdiscrimination and developing a harmoniouscultural mosaic is a long process. Makingyourself aware and being part of that changeis an important first step. ▪Tom Chapman is a retired OPP SergeantMajor now working as manager of lawenforcement operations in Parks Canada. Heinstructs the Policing and the Law of HumanRights course at Dalhousie University.RCMPGazette Vol. 72, No. 3, 2010 23

huMAN RiGhTShuMANAND POliCiNGRiGhTS AND POliCiNGRacially biased policing:a science-based perspectiveby lorie Fridell, PhDDepartment of Criminologyuniversity of South FloridaOfficers in the U.S., Canada and elsewhereare hearing that racially biased policing iscaused by “widespread racism in policing.”This simple cause-and-effect equation iserroneous, insulting to the mostly wellmeaningofficers in these countries, anddetrimental to constructive discussionsbetween community stakeholders and police.There are racists in all professions,including the policing profession. Someactions on the part of police reflectintentional (or at least, callous andunconcerned) discrimination against peopleof colour.However, science indicates thatfocusing exclusively on ill-intentionedbiased behaviour in policing is misguided.Academics in the U.S. and Canada whostudy the social psychology of racial biastell us that implicit, or unconscious, bias canaffect what people perceive and do; this caneven affect police and others who have nonprejudicedattitudes at the conscious level.These associations or mental shortcutsinclude automatic or implicit associationsbetween racial/ethnic minorities and crime.The phenomenon is consistent with whatMalcolm Gladwell referred to as “thinkingwithout thinking” in his book Blink.The race-crime “blink” response mightlead an elderly white woman to call thepolice on the person of Aboriginal descenttalking on his cell phone in a car parked outfront.The race-crime “blink” might leadone officer to ignore the danger posed by awhite person. It might lead another officerto become instantly suspicious of the twoyoung black men driving in an all-whiteneighborhood — with no basis other thantheir “race-out-of-place” status.A supervisor might direct intensivedeployment to the gathering of blackmotorcyclists, but not white motorcyclistseven without any evidence of differentbehaviour on the part of the two groups.The recognition that racial bias is ahuman frailty of good, well-meaning peoplecan promote a more constructive discussionof the problem of racially biased policingand it can direct us toward effectiveinterventions.I have seen firsthand the destructiveimpact of the traditional cause-and-effectequation.Several years ago, at a meeting of highlevelpersonnel in an East Coast policeagency, I was outlining what the departmentmight do to address racially biased policing.(I had not covered the science of bias.) Ahigh-ranking attendee said, “We can’t doany of those things, or we’ll be admittingwe are racists.” To him, addressing the“right side of the equation” (racially biasedpolicing) implied an admission of the leftEven the best officers, because they are human, might practise racial bias.RCMP24Gazette Vol. 72, No. 3, 2010

huMAN RiGhTS AND POliCiNGRCMP COVER(widespread racism in policing). Clearly theequation was impeding change.More recently an African-Americanresident attended one of my police-residenttrainings on this topic. He listened to mycoverage of the science of bias and myclaim that even well-meaning people mightmanifest it.About halfway through the firstmorning of training, he surprised us all bysaying, “I came into this thinking all policewere racist, and now I don’t think so.” Hebelieved in the right side of the equation(that racially biased policing exists), and,until that day, had no other explanation but“widespread racism in policing.”The implication of this science is that eventhe best officers, because they are human,might practise racial bias and therefore eventhe best agencies, because they hire humans,must be proactive in promotingfair and impartial policing. Thoseproactive efforts must target boththe ill-intentioned and the wellintentionedpeople.A comprehensive policedepartment program to promotefair and impartial policing wouldaddress policy, recruitment andhiring, education and training, supervisionand accountability, outreach to diversecommunities, analysis of institutionalpolicies and practices, and measurement.Training, for example, is a keymechanism for promoting unbiasedbehaviour on the part of well-meaningofficers. Although we cannot easilyundo the implicit associations that takea lifetime to develop, training can makeofficers aware of their unconscious biasesso they can counteract them. Indeed,social psychologists have shown that, withinformation and motivation, people cancarry out controlled (unbiased) behaviouralresponses that override automatic (biaspromoting)associations.Training to curb biasThe U.S. Department of Justice has fundeda project to develop curriculums basedon this science for recruits and patrolofficers, and for first-line supervisors.With my partners at Circle Solutions, Inc.and with experts in policing, training andthe psychology of bias, we are producingrecruit/patrol curricula based on thefollowing fundamental principles:• All people, even well-intentionedpeople, have biases;• Biases can be explicit or implicit(unconscious) — influencing choicesand actions without consciousthinking or decision-making;• Policing based on biases or groupstereotypes is unsafe, ineffectiveand unjust;• Officers can learn skills tocounteract their normal biases tocontrol their behaviour.The training does not focus just onracial/ethnic bias, but on other typesof biases as well. Through a series ofThe recognition that racial bias is a human frailtyof good, well-meaning people can promote amore constructive discussion of the problemof racially biased policing and it can direct ustoward effective interventions.interactive exercises, recruits experiencehow implicit bias can negatively impact ontheir policing decisions.One example is the “Woman/Man witha Gun” role play exercise that has beensuccessful in showing recruits and officershow policing based on stereotypes (in thiscase, gender stereotypes) is unsafe. Studentrole players generally frisk the man whoreportedly has a gun, but do not frisk thewoman even though the facts are otherwisethe same. Recruits reflect on how biasedpolicing affects officers, the departmentand community members, and learn skillsto perform fair and impartial policing.To reinforce this training and facilitateadherence to anti-biased policing policy,the second curriculum will help first-linesupervisors promote fair and impartialpolicing.The training will help supervisorsidentify employees who may be acting in abiased manner including those well-meaningofficers whose biased behaviour may notbe consciously produced. It will challengesupervisors to think about how implicitassociations might manifest in the employeesand themselves, and provide guidance onhow they should respond to officers whoexhibit biased policing behaviours.Identifying the appropriate supervisoryresponse to biased policing can be difficult.Not only is biased behaviour very difficultto prove through the traditional complaintreview system but, for the officers whosebiased behaviour is not intentionalor malicious, disciplinary action isinappropriate.Since, in many instances, there willonly be indications and not proof, it willbe important to convey when and howsupervisors can intervene to stop whatappears to be inappropriate conduct whilekeeping in mind the ambiguous nature ofthe evidence and the sensitive nature ofthe issue.Adopting this science-basedperspective that recognizes thatgood, well-intentioned policeofficers and therefore gooddepartments might producebiased decisions can generatea more constructive police–community discussion and guideour efforts for promoting fair and impartialpolicing. Police defensiveness around biascan be reduced if employees hear, not thatthey are all racists, but that they are allhuman like the rest of us.Community stakeholders can and shouldstop “profiling” police — stop charging thatall police engage in discrimination in callousdisregard for the rights of minorities. Bothgroups should set aside simplistic notionsof good and evil and instead recognizethe frailties of human nature and work cooperativelyto promote fair and impartialpolicing. ▪Lorie Fridell, Ph.D., is an Associate Professorin the Department of Criminology at theUniversity of South Florida. She consultswith police departments and providestraining for command-level personnel andcommunity stakeholders. She has workedwith a number of agencies, including theLos Angeles Police Department, TorontoPolice Services, Austin Police Dept. and theInstitute on Race and Justice.Gazette Vol. 72, No. 3, 2010 25

Just the factsThe telephone wiretap remains a vital tool for law enforcement— especially with the advent of cell phones, pagers and otherportable communication devices. Here are some facts on globalwiretap activities — and a look at some of the challenges andcontroversies surrounding these activities.Of 2,376 wiretaps authorized by U.S. courts in 2009, 96 percent were designated for portable devices such as cellulartelephones and pagers.Italy employs more communications intercepts per capitathan any other country — 76 per 100,000 residents,according to research by the Max Planck Society. Next in lineis the Netherlands at 62 intercepts per 100,000 residents.German police conducted 5,348 telephone surveillanceoperations in 2008, up from 4,806 in 2007.Between July 1, 2008, and June 30, 2009, Australian policeforces made 1,715 arrests and obtained 2,109 criminalconvictions based on intercepted telecommunicationsinformation.Eighty-six per cent of all wiretap applications submitted toAmerican courts in 2009 listed illegal drugs as the primaryoffence under investigation.In 2009, the average American wiretap lasted 42 days,intercepted the conversations of 113 people and uncoveredincriminating communications 19 per cent of the time.Australian law enforcement agencies spent an average ofAU$16,480 per telecommunications interception warrant inthe year ending June 30, 2009.BlackBerry smartphones are among the most difficult mobilecommunications devices to wiretap due to their high levelsof network security and data encryption.Extending wiretap legislation to Internet telephony servicesrequires service providers to build “backdoors” into theirsystems — potentially creating holes for hackers to exploit,say experts quoted in Technology Review and IEEE Spectrummagazines.Sixty-eight per cent of respondents in a 2006 New YorkTimes/CBS News poll said they would be willing to supportgovernmental monitoring of the communications of“Americans the government is suspicious of” — but 70 percent of respondents said they would not be willing to supportsuch monitoring of “ordinary Americans.”In 2008, law enforcement agencies in the U.K. reported 50errors or breaches in intercepting communications — mostthe result of human, procedural or technical error — accordingto a report by the U.K. Interception of CommunicationsCommissioner.Between 2000 and 2008, major Canadian police forcesemployed warrantless “emergency” wiretaps in at least 267cases, all involving unusual circumstances such as hijackingsor hostage takings.In 2008, the British Columbia Supreme Court ruled the use ofemergency wiretaps unconstitutional.In March 2010, following a complaint filed by 35,000 citizens,the German Federal Constitutional Court rejected a dataretention law requiring telecommunications companies tokeep call and traffic data for six months, citing that the lawviolated privacy rights.SOURCES: Administrative Office of the United States Courts, “2009 wiretap report”: www.uscourts.gov/Statistics/WiretapReports/WiretapReport2009.aspx; The Register, “Italy tops global wiretap league” (7 March 2007): www.theregister.co.uk/2007/03/07/wiretap_trends_ss8 ; DeutscheWelle, “New statistics show rise in police telephone surveillance” (23 Sept. 2009): www.dw-world.de/dw/article/0,,4716600,00.html ; AustralianGovernment Attorney-General’s Department, “Telecommunications (Interception and Access) Act 1979 - Annual report for the year ending 30 June2009”: www.ppsr.gov.au/www/agd/agd.nsf/Page/Publications_Telecommunications(InterceptionandAccess)Act1979-AnnualReportfortheyearending-30June2009 ; CBC News, “Criminals love the BlackBerry’s wiretap-proof ways: police” (24 March 2009): www.cbc.ca/technology/story/2009/03/24/tech-090324-blackberry-wiretap.html ; Technology Review, “How legal wiretaps could let hackers in” (4 Feb. 2010): www.technologyreview.com/computing/24477/?a=f ; IEEE Spectrum, “Wiretapping woes” (May 2007): spectrum.ieee.org/telecom/security/wiretapping-woes ; The New YorkTimes, “New poll finds mixed support for wiretaps” (27 Jan. 2006): www.nytimes.com/2006/01/27/politics/27poll.html ; U.K. Interception of CommunicationsCommissioner, “Report of the Interception of Communications Commissioner for 2008”: www.official-documents.gov.uk/document/hc0809/hc09/0901/0901.asp ; CBC News, “Secret police wiretaps fly under the radar” (29 June 2009): www.cbc.ca/canada/story/2009/06/26/police-emergency-wiretaps.html ; European Digital Rights, “German Federal Constitutional Court rejects data retention law” (10 March 2010): www.26edri.org/edrigram/number8.5/german-decision-data-retention-unconstitutionalGazetteVol. 72, No. 3, 2010

Mapping tool helps police share informationby kevin MasonManager, Crime &intelligence Analysis unitOttawa Police ServiceThe Ottawa Police Service (OPS) has longrecognized the value of sharing informationabout crimes in the community and publicsafety. To enhance community awarenessand improve accessibility to calls for serviceoccurring in the community, the OttawaPolice has found a way to easily mergeGeographic Information Systems technologywith police data for public information.The Ottawa Police Service receives inexcess of 350,000 calls for police assistanceeach year, resulting in about 107,000 reportsand 40,000 criminal offences. The OttawaPolice recently found a low-cost and userfriendlyway to share more information onwhere, when and what calls for assistanceare generated within the city.Customer service toolIn October 2008, the Ottawa Police becamethe first major Canadian police service tolaunch the Google-based crime mappingtool called CrimeReports.The OPS looked at several options whenreviewing their mapping application needsincluding the impact on cost, resources, andtime.The CrimeReports option proved tobe the most cost-efficient, requiring fewersupport resources and providing a brightpicture for future enhancements. As well,the provider worked to accommodaterequests to use Canadian nomenclature andlaunch enhancements to the site based onfeedback from users.Provided at no cost to the user, detailedinformation related to each call for mobileresponse received is easily accessed,including the geographical area to the 100block, the time and type of the incident, andthe final incident type, which is establishedonce an officer has assessed the call.Users can do specific data searches basedon their own interest such as geography,crime type or even time parameters.For example, users can search for breakand enters and limit the search to their ownneighbourhood and the date range of theirchoice.An alert function also allows users tohave information sent to their private emailaddress each time a call for service occursin their neighbourhood.For those wishing to analyze the data, thewebsite easily transfers the information intographs allowing users to view the overallsummary in an accurate and timely fashion.Demand was so high in the first 24 hoursafter launch, the system was overloaded andthe server crashed due to increased trafficon the site; something the service providerhad not experienced in the United Stateswhere over 175 law enforcement agencieshave signed on as clients.Operational support toolThe introduction of this mapping platformhas strengthened the lines of communicationbetween Community Police Centre officers,members of the public and crime preventiongroups such as Neighbourhood Watch thatmonitor crime activity in their areas.Officers are able to review mobile policeresponse within their catchment areas and canliaise with both commercial and residentialproperty owners on current problem activityand related prevention initiatives.NEW TEChNOlOGyAdditionally, officers are able to meetwith individuals and groups wishingto learn more about police presence byusing the tool as an interactive “table-top”reference guide.In many cases, discussions in thisenvironment often bring forward additionalinformation to support police investigationsand provide an opportunity for the OttawaPolice to demonstrate proactive policepresence and activities in an area to supportthe suppression and prevention of crime.For the futureOPS has adopted a progressive and phasedapproach to enhancing the site, which isbased on user-generated feedback (eachuser sees a pop-up feedback box).Since its launch, the Ottawa Policemapping tool has undergone three upgrades,including the expanded detail listing ofthe property taken at individual incidents;addition of the final call case type; and atabulated format option for those wanting tomanipulate the data for analysis. ▪For more information, visit:www.ottawapolice.caThe Ottawa Police Service’s crime mapping tool shows detailed information for each call for mobile response received.Courtesy Ottawa Police ServiceGazette Vol. 72, No. 3, 2010 27

FEATuRED SubMiSSiONPolicing through the ashIceland police no strangers to volcanic eruptionsCourtesy NCP/CPEby Chief insp Rögnvaldur ÓlafssonNational Commissioner ofthe icelandic PoliceDepartment of Civil Protection andEmergency ManagementVolcanic eruptions are common in Iceland,occurring on average every four to fiveyears. All the volcanic areas in Iceland arewell known and an extensive surveillancesystem of seismometers and GPS monitoringstations has been very effective in warning ofimminent eruptions.While most of the active volcanoesare situated outside of populated areas, theindirect effects—volcanic ash, earthquakes,flash floods—can be felt for some distance.This was the case last April, when the ashfrom the eruption of the Eyjafjallajökullvolcanic system caused the cancellation ofmost flights in Europe.While international eyes were on thedrifting ash, police and residents in Icelandwere well prepared, having participated inan extensive emergency response exercisein 2006 that included a complete evacuationof the area around the Eyjafjallajökull andKatla volcanoes. Public awareness waskey: people responded quickly to the 2010evacuation notice and provided criticaleyewitness accounts to police.The following article describes the twovolcanic eruptions that took place, and howIcelandic police responded.First eruptionThe police in Iceland are responsible for coordinatingthe civil protection efforts of allemergency responders during a disaster.Fifteen district chiefs of police are responsiblefor the local co-ordination with help andsupport from the National Commissionerof the Icelandic Police, Department of CivilProtection and Emergency Management(NCP/CPE), which co-ordinates emergencyresponse plans at the national level.Just before midnight on March 20,2010, farmers called local police to reportstrange lights coming from the directionof the Eyjafjallajökull and Mýrdalsjökullglaciers. The National Joint Rescue CoordinationCentre (JRCC) was activated andthe local police were sent to investigate. Theyconfirmed that a volcanic eruption was inprogress.Poor visibility that night preventedscientists from seeing the exact location of theeruption. But after consulting with the localpolice and the Department of Civil Protectionand Emergency Management, NCP/CPEordered an evacuation based on the responseplan for an eruption at Eyjafjallajökull. The112 centre (Iceland’s 911) sent out evacuationnotifications over telephone and mobilephones using SMS and pre-recorded voicemessages. All 700 people were evacuatedwithin two hours.Scientists confirmed the following day thatthe eruption was not Katla or Eyjafjallajökullbut Fimmvörðuháls, a mountain ridgebetween the two volcanoes. It was deemeda very small eruption and unlikely to causeflash floods so the evacuation was lifted.Small but still dangerousBeing a small event, the NationalCommissioner of the Icelandic Police (NCP)anticipated a few people would want to seethe eruption and it arranged for some gravelroads to be repaired and opened. Morearrangements were made to open a scenic spotabout 15 kilometres from the eruption whereit could be safely admired. What police didn’texpect was the large volume of people whodrove and hiked up the Fimmvörðuháls ridgefor a very close look.Travelling in the highlands of Iceland isalways serious business, especially in winter.Access to the Fimmvörðuháls ridge is possibleonly by helicopter, super Jeep, snowmobile,small ATV or on foot. A round trip on foottakes about 10-12 hours in temperatures of -17degrees Celsius or colder in strong winds.The challenging conditions did notprevent or dissuade visitors from going upthe ridge. As many as 600 vehicles and 200hikers—upwards of 3,000 people — headedup to Fimmvörðuháls each day. Despite dailywarnings by police, many paid no attention tothe dangers, which included rapidly changingweather conditions, cold temperatures, steamexplosions from the lava running over icefields, and hot flowing lava. People stooddangerously close to the lava field and, insome cases, walked on the new lava unawarethat they were standing on a thin crust with1,200 degrees Celsius hot lava under their feet.It became clear that police needed tointervene before someone got seriously hurt.Police and ICE-SAR (a volunteer rescueorganization) stationed themselves on the28Gazette Vol. 72, No. 3, 2010

FEATuRED SubMiSSiONmountain to provide on-site warnings andhelp people who got into trouble. For instance,many hikers showing signs of hypothermiahad to be helped down the mountain. Hikerswere screened at the base of the mountain andwere turned away if not properly equippedfor the trek or if they had small children withthem. Numerous drivers also needed helpwhen their vehicles broke down, ran out offuel or had tire damage. Despite this “touristeruption,” no one was seriously hurt.Second eruptionLate in the evening of April 14, after theinitial eruption had largely died down, theseismometers showed increased activityunder Eyjafjallajökull. Again the area wasevacuated and in the morning scientistsconfirmed that another eruption wasunderway, this time in the top caldera ofEyjafjallajökull. The NCP prepared for theimminent flash flood and around noon the firstflood waters gushed down the Markarfljótriverbed from the glacier. Some roads werewashed away and some farm fields damaged.To relieve pressure on the bridges crossingthe Markarfljót, an order was given to breachthe main road so the more expensive bridgeswould not be lost.During the first eruption, police werebusy taking calls from the Icelandic mediaand a few members of the foreign media.However, following theEyjafjallajökull eruption,which resulted in thecancellation of almost allflights in Europe, a hugeEyjafjallajökullvolcano at a glanceThe Eyjafjallajökull volcano (pronounced “Ayuh-fyat-luh-YOE-kuutl-uh”)is located in thesouth of Iceland.The volcano is covered by a glacier bearingthe same name. Its sister volcano, Katla, iscapped by the Mýrdalsjökull glacier.The Eyjafjallajökull volcano erupts approximatelyevery 200 years; the last eruption was183 years ago and lasted for two years.Strong winds blowing ash and flying rocks in the opposite direction allowed Chief Insp Rögnvaldur Ólafsson the chance tomeasure the thickness of ash on the Eyjafjallajökull glacier and collect samples for scientists.wave of foreign media attention caught theNCP off guard. Phone calls from the foreignmedia poured in.Communication challengesThe NCP/CPE’s small media unit wasoverwhelmed. Police quickly set up a presscentre in the same building asthe JRCC and sought extra helpfrom other agencies andbranches of government.This new team of 20 peoplewas devoted exclusively toresponding to the media.The second problem related tomisinformation. During the eruption,police held public information meetings to tellresidents what was going on and give them theopportunity to ask questions. One of thesemeetings was held for foreigners living inthe area.But police discovered that many of themwere relying solely on news from their homecountry and the foreign media were paintinga very bleak picture of the situation, showingonly pictures from the small area where thesituation was the worst. The foreign mediawere also speculating that Mýrdalsjökullmight erupt.In order to properly inform everyone,two telephone companies in Iceland offeredto assist police by setting up web camerasaround the volcano. The cameras proved to bevery helpful not only for police and scientiststo see what was going on in real time but forthe public as well. Close to five million peoplevisited the website.For now, the volcano is pausing and wecan’t predict what will happen next. Thefarmers living closest to the volcano aredealing with ash that is covering large sectionsof their fields.Ash in the area will likely be a problemfor the next couple of years as strong windscan create sandstorm-like conditions. Firedepartments from across Iceland and groupsof volunteers have been in the area to helpclean up the ash on farms.This operation was very successful largelybecause emergency responders and the publicwere well prepared.First responders had the necessary plansin place and had the opportunity to test themin a large-scale exercise. As is always thecase, unforeseen problems and challengesdo arise, but they will help police improvethe existing plans and better respond toeruptions in the future. ▪Courtesy NCP/CPEGazette Vol. 72, No. 3, 2010 29

FEATuRED SubMiSSiONDVI team helps repatriate Canadianvictims in Haitiby Sgt Diane Cockle andinsp bruce PrangeRCMP integrated Forensicidentification ServicesThe catastrophic 7 magnitude earthquakethat struck Haiti on Jan. 12, 2010 causedmassive destruction and the death ofhundreds of thousands of people. Inthe days that followed, the full scope ofthe devastation became apparent as theCanadian government began receivinginformation about the mounting loss ofCanadian lives based, in part, on hundredsof calls from concerned relatives ofCanadians in Haiti. The Department ofForeign Affairs and International Trade(DFAIT), which is responsible for therecovery and repatriation of Canadianswho die abroad, requested the urgentassistance of the RCMP to provide disastervictim identification (DVI) expertise toidentify victims of the earthquake either forrepatriation to Canada or burial in Haiti.Canadian DVI members process the personal effects of a victim in Haiti.To assess the scope of the devastationand advise DFAIT on the appropriateCanadian DVI response, a member of theRCMP’s Integrated Forensic IdentificationServices (IFIS) and the chief pathologistfrom the Ontario Forensic PathologyService were dispatched to work with theInterpol DVI assessment team in Haiti.The team was responsible for assessing thelogistical conditions and infrastructure onthe ground and to identify an appropriateDVI response.In the challenging days after theearthquake, the Canadian Embassy providedcritical assistance to the assessment teamby providing them with accommodation,transportation, food and water. TheCanadian members of the assessment teamrecommended deploying a small CanadianDVI team. For the first time in Canadiandisaster response, the RCMP and DFAITtook a multi-agency approach to building aDVI team.The DVI Team comprised twocomplementary sections: an anti-mortem(AM) team and a post-mortem (PM) team.The AM team was responsible forcollecting identification records and otherinformation on possible victims such asfingerprints, dental records and distinctivemedical and physical information. ThePM team was sent to Haiti to analyze andcompare unidentified victims using antimorteminformation, including DNA ifnecessary. Based on the post-mortemexamination of a victim and the antimorteminformation available, PM teammembers would be able to identify deceasedCanadians.Since most of the Canadian victimsoriginated from Quebec, the RCMP inQuebec formed Project Courage to collectanti-mortem information from Quebecfamilies, doctors and dentists. On the AMTeam, the RCMP worked alongside membersof the Sûreté du Québec (SQ) and the Servicede police de la ville de Montréal. ProjectCourage deployed some members of its teamRCMP Integrated Forensic Identification Services30Gazette Vol. 72, No. 3, 2010

FEATuRED SubMiSSiONto Haiti to gather anti-mortem informationfrom family members who were travelling inHaiti or living there with the victims whenthe earthquake hit.Three six-member PM teams werealso deployed to Haiti. Each consisted ofa forensic pathologist, an odontologist,and four forensic identification/fingerprintspecialists from the RCMP as well as fromthe Hamilton Police Service, Ottawa PoliceService or the SQ. Some of the forensicidentification members had recently receivedDVI training in Ottawa at the CanadianPolice College Post Disaster Course.In addition, the chief forensicpathologist’s office in Toronto co-ordinatedseveral provincial forensic pathologistsfrom Ontario and Alberta who volunteeredtheir services in Haiti. The CanadianForces Dental Unit supplied forensicodontologists, who also helped establishdirect communication with the CanadianForces base to facilitate logistical supportsuch as equipment, fuel, food and water.The first PM team left Trenton airbaseon board a military C-17 and arrived inPort-au-Prince on Feb. 1, 2010. At theend of the Port-au-Prince airport runway,a field morgue was set up next to a largerefrigeration unit where Canadian victimswere stored. The field morgue consistedof two Canadian Forces tents pitched endto end to allow air circulation. Electricgenerators supplied electricity for dentalx-rays, laptops and autopsy tools. Each PMteam that was deployed spent approximatelytwo weeks in Haiti.The AM team worked closely withthe PM team to supply as much antimorteminformation as possible aboutmissing individuals before autopsies wereperformed. Based on comparisons betweenAM and PM information, which includedfingerprints and dental records, PM teamsdiligently completed positive identificationsso that death certificates could be issuedand victims could be returned to Canada onthe next available flight or buried locally inHaiti as per the families’ wishes.The success of the PM team’s positiveidentifications was due largely to the quantityand quality of anti-mortem information thatmembers of Project Courage obtained. Whenfingerprints and dental data were insufficientfor identification, PMteam members wouldextract a bone sampleand send it for cryogenicgrinding at a privatelaboratory in Canada.The processed bone orteeth was subsequentlysent to RCMPForensic Science andIdentification ServicesLaboratories for DNAprofiling and comparisonto anti-mortem DNAsamples.Similar to the DVIresponse in Thailand after the Asian tsunami,the heat and lack of water provided some ofthe most extreme challenges for the team inHaiti. In Haiti, the DVI team depended on theCanadian Forces and the Canadian Embassyto provide support to operate and managethe morgue. All of the critical equipmentwas brought in and resupplied from Canadausing military transport. Since the morguewas set up on the airfield, the team was ableto access supplies in a very short time period.ChallengesThe teams working inside the morguewere subjected to temperatures as high as45 degrees Celsius due to the humidity ofthe environment, the use of dark canvastents, and the lack of air-conditioning orfans. Each member of the team worked insteel-toed and shanked rubber boots, fullbodyprotection suits, full-length plasticaprons, goggles and half-masked charcoalfilter respirators to provide relief from postmortem odours.Within 10 minutes of suiting up,members would quickly find themselvessoaked with perspiration. The team alsohad to contend with indigenous insectssuch as tarantulas, black widow spiders andmillipedes, which sometimes found theirway into the morgue site.To overcome these challenges memberstook compulsory water breaks every 30minutes with electrolyte replacementpowders added to every second bottleof water. They used cooling vests,which contained gel panels that werefrozen each night, to keep core bodyAn identified Canadian victim is returned to Canada.temperature low until midday.The Canadian Forces supplied teammembers with ready-to-eat meals, whichwere eaten in the uncontaminated portionof the field morgue.PurposeThe main focus of the Canadian DVIteam was to bring closure to families whosuspected their loved ones may have beenvictims of the earthquake. Oftentimes,families require confirmation that a lovedone is deceased so that they can take care ofthe remains and begin the grieving process,bringing to an end weeks of anxious waitingand uncertainty.By early spring, the AM and PM teamsin Haiti and Canada had examined 27victims and soon after positively identified22 individuals. The remaining five victimswere not Canadian, and were turned over toHaitian authorities.Every disaster is unique whether athome or abroad. With the experience gainedfrom this deployment and further training todevelop and hone expertise in DVI, Canadawill continue to provide quality service tothe families of loved ones and the Canadiangovernment.The success of Canada’s quick andefficient DVI response to the Haitianearthquake would not have been possiblewithout the contributions and co-operationof DFAIT, the Canadian Forces, theforensic odontology community, provincialcoroners, medical examiners and forensicpathologists, and the various police agenciesworking in Canada and in Haiti. ▪RCMP Integrated Forensic Identification ServicesGazette Vol. 72, No. 3, 2010 31

ON ThE lEADiNG EDGELatest research in law enforcementThe following are excerpts from recentre-search related to justice and lawenforcement. To access the full reports,lease visit the website links at the bottom ofeach summary.Effect of drug-law enforcement ondrug-related violenceby the urban health Researchinitiative of thebritish Columbia Centre forExcellence in hiV/AiDSThe present systematic review evaluatedall available English-language publishedresearch on the impact of law enforcementon drug market violence. The hypothesiswas that the existing scientific evidencewould demonstrate an association betweendrug-law enforcement expenditures orintensity and reduced levels of violence.The initial search captured 306 studiesfor further analysis. Of these, 15 wereidentified that evaluated the impact of druglawenforcement on violence. Contrary toour primary hypothesis, 13 studies (87 percent) reported a likely adverse impact ofdrug-law enforcement on levels of violence.That is, most studies found that increasingdrug-law enforcement intensity resulted inincreased rates of drug market violence.The association between increaseddrug-law enforcement funding and drugmarket violence may seem counterintuitive.However, in many of the studies reviewedhere, experts delineated certain causativemechanisms that may explain thisassociation. Specifically, research hasshown that by removing key players fromthe lucrative illegal drug market, drug-lawenforcement may have the perverse effectof creating significant financial incentivesfor other individuals to fill this vacuum byentering the market.While theoretically it could be arguedthat some increase in drug-related violencecould be justified if drug-law enforcementreduced the flow of drugs, prior researchsuggests that law enforcement efforts havenot achieved their stated objectives withrespect to reducing drug supply and use.In fact, despite annual federal budgets ofapproximately US$15 billion and higherin the U.S. since the 1990s, illegal drugs— including heroin, cocaine and cannabis— have become cheaper, their purityhas increased, and rates of use have notmarkedly changed.In the face of strong evidence thatdrug-law enforcement has failed to achieveits stated objectives and instead appearsto contribute to drug market violence,policy makers must consider alternatives.In response to the known limitations oflaw enforcement in reducing drug supply,A U.S. study has found that many first responders have identified a need for more training in the area of hazardous materials.several medical and scientific bodies havecalled for the regulation of illicit drugs.The findings of this report do notimply that current government policies areresponsible for recent increases in violencein some cities, nor do they imply thatindividual police officers are responsiblefor this violence. Rather, the evidencesuggests that front-line police officers aregiven the task of enforcing drug laws thatappear to lead to increased violence byunintentionally driving up the enormousblack market profits attributable to theillegal drug trade.To accessthe full report, visit:uhri.cfenet.ubc.ca2009 National Training NeedsSurvey research brief: lawenforcementby the Rural DomesticPreparedness Consortium (u.S.)In 2005, the U.S. Congress established theRural Domestic Preparedness Consortium(RDPC) to develop and deliver all-hazardspreparedness training to rural communitiesacross America. In 2009, RDPC conductedits second National Training Needs Survey.The survey targeted a random sampleof individuals from eight disciplinesrepresentative of the rural emergencyresponse community.This brief focuses on the identifiedtraining needs of respondents across thelaw enforcement discipline. This sampleincluded officers from college/universitycampus departments, county policedepartments, sheriffs’ departments andmunicipal (city or town) police departments.Provided with a list of all 37 targetcapabilities (on the U.S. Department ofHomeland Security’s Target CapabilitiesList, which identifies and definescapabilities that communities may needto achieve and sustain in order to prevent,protect against, respond to and recover from32Gazette Vol. 72, No. 3, 2010

ON ThE lEADiNG EDGEmajor all-hazards events), respondents wereasked to indicate whether each capabilitywas important to their job function, aswell as whether they were confident inperforming the tasks associated with eachcapability. In comparing the results of thesetwo variables, training needs were revealed.The top five target capabilities thatrural law enforcement officers consideredmost important to their job functions, yetwere not confident in performing the tasksassociated with those functions, wereweapons of mass destruction (WMD) andhazardous materials (HAZMAT) responseand decontamination (48.6 per cent);intelligence analysis and production (47.1per cent); chemical, biological, radiological,nuclear and explosive (CBRNE) detection(45.7 per cent); environmental health (45.7per cent); and isolation and quarantine (43.8per cent).One of the key findings among thelaw enforcement discipline was theoverwhelming indication of unmet trainingneeds in the area of WMD and CBRNEemergencies.Interestingly, this area was not citedby law enforcement officers as an unmettraining need in the original RDPC trainingneeds survey (RDPC, 2006), which maybe indicative of it having become a moreprominent training need within the last fewyears.As with the response to anddecontamination of a WMD incidentor HAZMAT release discussed above,two additional (target) capabilities relateto the response to homeland securityrelatedevents. In fact, these capabilities(“environmental health” and “isolationand quarantine”) directly relate to a healthemergency or outbreak. Not only dothese two capabilities fall under the sameTCL (Target Capabilities List) missionarea as the capability discussed above,interestingly, they highlight the need for an“all-hazards” approach to training for lawenforcement officers.To accessthe full report, visit:www.ruraltraining.orgCrime risks of three-dimensionalvirtual environmentsby ian Warren and Darren Palmerfor the Australianinstitute of CriminologyThree-dimensional virtual environments(3dves) are the new generation of digitalmulti-user social networking platforms.Their immersive character [whichgenerates a three-dimensional imagethat appears to surround the user] allowsusers to create a digital humanizedrepresentation or avatar, enablinga degree of virtual interaction notpossible through conventional textbasedInternet technologies. As recentinternational experience demonstrates,in addition to the conventional range ofcybercrimes (including economic fraud,the dissemination of child pornography andcopyright violations), the “virtual reality”promoted by 3dves is the source of greatspeculation and concern over a range ofspecific and emerging forms of crime andharm to users.This paper provides some examples ofthe types of harm currently emerging in3dves and suggests internal regulation byuser groups, terms of service or end-userlicensing agreements, possibly linked toreal-world criminological principles. Thispaper also provides some direction forfuture research aimed at understandingthe role of Australian criminal law andthe justice system more broadly in thisemerging field.In a decentralized and highly technicalenvironment with high levels of user“responsibilization” [a process wherebysubjects are rendered individuallyresponsible for a task that previouslywould have been the duty of another]for harm identification, prevention andthe development of appropriate normsof good conduct, there is considerableuncertainty surrounding the role of thecriminal law in these multi-user platforms.This uncertainty is compounded by thewide range of regulatory choices availableto users, confusion over the real-worldimplications of much of the behaviourwithin 3dves, the transnational appeal andjurisdictional uncertainties associated withthese emerging media, and the broader lackof empirical research documenting how3dve users perceive issues relating to harm,risk, safety and governance.The body of knowledge on each of theseissues is so recent that it is premature tospeculate on the ideal role of the criminallaw in this field. Nevertheless, a basictypology of harms associated with 3dve usecan help to clarify the various regulatoryand harm-prevention strategies available toindividuals, user communities and formaljustice agencies.This paper outlines a graded series ofharms associated with 3dve use, rangingfrom behaviours with purely in-worldimplications considered too trivial to warrantformal action, to those with clearly actionableconsequences under the criminal law.Within these extremes, a grey area ofinter-real harms bridges the virtual andthe real.Inter-real harms differ from conventionalcybercrimes due to the immersive characterof 3dve technologies. How 3dve users viewthe severity of these harms is the mostappropriate measure of the ideal regulatoryapproach in any given case. ▪To accessthe full report, visit:www.aic.gov.auGazette Vol. 72, No. 3, 2010 33

FROM OuR PARTNERSICAO contributes to better practice innational identity managementby Mauricio Sicilianointernational Civil AviationOrganization MRTD ProgramLast December, during the 19th meetingof the International Civil AviationOrganization (ICAO) Technical AdvisoryGroup on Machine Readable TravelDocuments (TAG-MRTD), the NewTechnologies Working Group (NTWG)presented a working paper calling for aglobal focus on the weaknesses in breederdocuments (documents used to establishidentity) and civil registries.These documents and registries remaina significant security vulnerability thatcan compromise machine readable traveldocuments and electronic MRTDs. WhileMRTD specifications are well established,little international regulation, if any, appliesto breeder documents.Breeder documents and civil registry gapsrequire additional attention and global effortsto codify best practices so that this knowledgemay be used for action and capacity buildingworldwide. While ICAO has no directmandate to address breeder document norms,the technical advisory group agreed thataddressing such norms is a legitimate andimportant area for ICAO involvement.The TAG-MRTD acknowledged theimportance of the breeder document issue,and authorized the NTWG to engage inwork directed to those ends.As outlined in the working paperpresented before the Technical AdvisoryGroup, over the past several years, manynations have invested time, money and greatexpectations in enhanced travel documentprograms, especially in machine readableePassports employing biometrics.By all accounts, the current generationof ICAO-compliant travel documents isthe best and most secure the world hasever known.However, there is a threat affectingvirtually all issuing authorities that canu nder mine or indeed subver t this impor tantwork: national identity management.National identity management deals withthe kinds of documents, civil registrysystems and other media that are usedWhile the current generation of travel documents are more secure than ever, the threat that someone could present a genuinepassport issued using false breeder documents is very real.to verify and/or validate an applicant’sidentity.Currently, many of the judgmentsthat countries reach regarding issuance oftravel documents are based in large parton the representations of the applicant invalidating their bona fides.In managing identity for the benefit oftheir communities and citizens, NationalCivil Registration and passport issuingauthorities must do the following:• establish identity;• confirm citizenship;• assess entitlement.While the latter two areas are primarilysovereign matters determined by nationallaws and policies, all of the issues involvedin establishing identity are universal,common and shared.Every applicant for a certificate, identitycard or travel document is making a claimto a particular identity. The first step ofthe issuing authority is to test the claim, inother words, to establish identity.The claim to an identity is tested by thenational authority checking three things:what does the applicant “know” aboutthe identity that is claimed; who “is” theapplicant; and what does the applicant“have” to support the claimed identity.In this final category, the civilregistration and identity documentsthat accompany an application for atravel document, and the application foran identity card that entitles passportissuance, are called breeder documents.Breeder documents are the fundamentalphysical evidence accepted by nationalauthorities to establish a prime facie claimto an identity.Current challengesThe threat of an individual presenting agenuine passport that was issued on thebasis of false breeder documentation isvery real. In today’s document-issuingenvironment, presentation of these falsedocuments and false claims of entitlement34Gazette Vol. 72, No. 3, 2010

FROM OuR PARTNERSwill be rewarded with a travel, residenceor identity document that has far morecredibility than ever before — a documentthat in many countries contains a chip withbiometric information of the bearer.Today’s documents contain advancedsecurity features of great capability andwhen present, generally attest to theveracity of the documents themselves and,hence, the bearer. With the advances thathave been made in the documents, there is amuch quicker and widespread presumptionon the part of inspection authorities toaccept the legitimacy of the documents andthe bearer.Many countries have also movedfrom a decentralised to a centralisedpersonalisation system. This changeallows issuing authorities to apply highqualitypersonalisation techniques, suchas including personal data — first and lastname, date of birth, photo of the bearer —on the data page, and to respond quicklyto the latest developments in the area ofdocument fraud.The introduction of new securityfeatures, production methods andpersonalisation techniques has made themost recent generation of identificationdocuments more difficult to forge.Moreover, improved staff training hasincreased the likelihood of a forged orcounterfeit ID document being detected.These kinds of improvements haveresulted in an increasingly prevalent globalshift from document fraud to identity fraud.Over the next few years, a large numberof identity, travel, residence and otheridentity documents will contain a biometricidentifier that will enable verification,within an automated environment, andremotely if desired.breeder documents and registriesWe live in an increasingly global contextthat relies on high-quality identitydocumentation, including all underlyingcivil and administrative systems andprocesses.Although we have taken extensive andsuccessful steps to improve the qualityof identity documents, we must stilladdress the foundations upon which thesedocuments ultimately reside. This includesthe paper documents themselves as well asthe registries and other databases that formthe cornerstone for verification.Therefore, as well as the documentsthat are the “usual suspects” used byapplicants for travel documents — birthcertificates, cards of national identity anddriver’s licences — often the informationthat is captured in these and other breederdocuments also resides in a database ofnational content.While the existence, quality andease of accessing such databases variesdramatically from country to country,increasingly governments have beenfocusing on these database sources ofinformation either in lieu of or in additionto the documents themselves. While thisis a very useful approach to verifying thelegitimacy of entitlement claims, there aresometimes limitations of a legal or privacynature that impedes the use and utility ofthese databases.Some countries are beginning to linkdata sources, such as birth and deathrecords, to serve as automatic checks andv e r i fi c a t i o n s .This integration initiative seeks toacknowledge the importance of thesesecure sources of information and to offersuggestions on their use in addition to thedocuments themselves.Possible avenues forwardTo limit the impact and effect of thisendemic and pervasive vulnerability asmuch as possible, the document communitymust develop and articulate best practices,successful approaches and, where feasible,minimal security norms for civil statusdocuments and the databases on whichthey depend.While ICAO has the authority andcapability to develop and publish traveldocument standards, the nature of breederdocumentation does not neatly fall withinthat mandate.However, since the veracity andvalidity of the travel documents depend onbreeder documentation, ICAO does have aresponsibility to take any and all measuresavailable to improve this foundation. Thereare two fundamental vehicles that ICAOTAG has used to develop, assess and conveyguidance and technical expectations:Document 9303 and the technical report.The ICAO’s document 9303 containsinformative material that, while notmandatory standards, outlines minimumsecurity expectations for travel documents.While admittedly requiring a carefulapproach, this “standards” concept shouldbe explored.Second, historically, the NewTechnologies Working Group has focused ona number of specific issues and matters, andaddressed them through drafting technicalreports.For breeder documentation, whosebreadth and scope and sovereigntyimplications suggest that standards might notbe appropriate, using a technical report couldbe the vehicle to capture and memorializebest practices and other forms of guidance.Work on a technical report could also serveto underscore the specific nature of thebreeder document problem and provide waysin which issuing authorities could enhancetheir abilities to assess such documents.The path forward must be an integralcomponent of the larger spectrum ofgovernment direction, purpose, policy andneed. It will seek to:• address the global threat to traveldocument integrity caused byentitlement judgments that areaffected by the weaknesses ofthe current reliability on breederdocumentation.• focus broad international attentionon the importance and magnitudeof these threats with a view towardtheir mitigation and ultimateelimination.• create a forum and foundation forthe development of the worldwidesecurity enhancement of breederdocumentation.In addition, work will be required overtime in the other two areas for establishingidentity: testing what the client “knows”and checking who the client “is.” ▪For moreinformation, visit:www.icao.intGazette Vol. 72, No. 3, 2010 35

EMERGiNG TRENDSTraining first respondersin counterterrorismby Sonja CermakCommunication strategistb.C. RCMP National Security ProgramThe threat of terrorism in Canada isreal. In fact, no country is exempt frompotential terrorist attacks. For this reason,the RCMP has identified a need to includefirst responders and other partner agenciesin counterterrorism training, education andinformation sharing so that they are alert toterrorist threats in the course of their work.Known as Counter TerrorismInformation Officer, (CTIO) training, thisthree-day workshop is designed to teach firstresponders such as police, ambulance andfire department personnel how to identifythe early warning signs of terrorism. Thisunique training, which had never previouslybeen offered in Canada, was initiated by theCommunity Outreach Program, a sub-unitof the RCMP’s National Security Program.The CTIO training began in 2007 inBritish Columbia. The B.C. initiative nowhas approximately 170 first responderstrained in terrorism alertness. The traininghas expanded to Ontario and will be offeredin Quebec later this year.The training includes such elementsas recognizing pre-incident indicators,and understanding terrorist fundraisingand terrorism group characteristics. Thisknowledge and awareness triggers thosewho have been trained to contact theRCMP’s National Security Program if theynotice obvious or not-so-obvious signsof terrorism. Early detection allows theRCMP’s specially trained national securityofficers to investigate at the scene beforeevidence is moved, placing them in a betterposition to mitigate a terrorist threat.As an example, a CTIO firefighter whoattended the scene of an accident advisedthe B.C. Integrated National SecurityEnforcement Team that one of the implicatedvehicles was carrying radioactive material.“Even a small indicator that maynormally seem miniscule and go unnoticedor unreported may play a major role inan investigation carried out by nationalsecurity officers,” explains RCMP Sgt SteveCorcoran, from B.C.’s National SecurityProgram, who started the CTIO training.“Some signs to look for includeprecursors to make explosives or massamounts of weapons. These may notnecessarily mean there is a nexus toterrorism but, as national securityspecialists, we do not want to leave anythingto chance. Calling out national securityexperts to a scene with these types of signsis imperative to rule out a possibility ofterrorism,” says Corcoran.CTIOs also play a vital role in raisingawareness of the RCMP’s NationalSecurity Program. Once trained, theirduties include being a point of contactfor the RCMP national security liaison,relaying information about suspiciousactivity to the liaison, and receiving andsharing terrorism-related informationwithin their workplace.This type of training helps expand theknowledge of first responders and enhancepublic safety through a more integrated lawenforcement approach. The more peoplethere are aware of what to look for, thehigher the chances of acting on potentialrisks before it is too late. Informationsharing between the CTIOs and the CTIOcoordinators in the form of monthly reports,watch briefings and annual conferencesprovides continuous learning for CTIOs.Information sharing also promotes thespread of knowledge amongst the entirefirst responder community.“The CTIO program strengthensintelligence-led policing by involvingall interested communities and trainingselected individuals to assist us with sharingterrorism-related information among firstresponders. The more people trained, themore alert we are as an emergency responsecommunity,” says Corcoran.The RCMP’s National SecurityProgram trains not only ambulance and firedepartment employees but also correctionalservice employees, conservation andwildlife officers, other municipal policeforces and its own front-line RCMP officerswho do not specialize in national securityissues. A future goal is to have a CTIO inevery detachment, district or division ofeach municipal and provincial police andcorrections service. ▪CTIO training for emergency response personnel, such asparamedics and firefighters, has led to critical informationbeing shared with the RCMP’s national security officers inthe prevention of terrorism.36Gazette Vol. 72, No. 3, 2010