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TIME TO STOP BUCK PASSING

By Submitted Article

Sunday, February 22, 2009 03:52 AM

by  Justice Wallace Gilby Craig (Retired)

ON Oct.17, 2007, British Columbia’s inter-gang feuding went far beyond the pale of human decency.

Two innocent men, Ed Schellenberg and Chris Mohan, chanced upon an execution-in-progress and were immediately shot to death alongside four gangsters.

Premier Gordon Campbell and Attorney General Wally Oppal stood on the sidelines while the RCMP’s Integrated Homicide Team began a massive and glacially slow investigation that has yet to

result in the arrest of any suspects.

In the immediate aftermath of the killing of Schellenberg and Mohan, the premier and his attorney should have acted swiftly to deal with this absolute circumstance: that gangsters in British

Columbia are contemptuous of police and the judiciary; that they go about their dirty business with impunity with only the slimmest chance of being apprehended, convicted and ending up with

a long and hard jail sentence.

Since October 2007, it has been business as usual for the street gangs with their feuding kept on simmer. But the heat was turned up between Feb. 2 and Feb.12 with a spate of shootings and

shootouts,some of them involving the use of automatic weapons.

On Feb. 6, in Langley Township, a gangland shooting in a mall aroused the ire of Mayor Rick Green. “In some respects, you feel helpless, but Lower Mainland mayors have got to try and raise the

level of our voices. We’ve got to absolutely stand up and say enough is enough,” said Green, who believes that federal legislators must write tougher laws.

In the same report in the Vancouver Sun of Feb. 9, Surrey Mayor Dianne Watts said that the violence throughout the Lower Mainland “shows how brazen these individuals are.”

After nine shootings in the first two weeks of February, Premier Gordon Campbell finally woke up to reality and talked tough. Flanked by two top cops, Vancouver Chief Const. Jim Chu and RCMP

Deputy Commissioner Gary Bass, boss of B.C.’s massive E Division, Campbell promised 168 more police officers and a handful of prosecutors.

This magnum-force, Dirty-Harry impersonation by Campbell, coming just three months before an election in May, should be compared with his inactivity before and after the murder of Schellenberg

and Mohan in October 2007.

The way I see it, Premier Campbell has ignored the solemn commitment in section 2 of the Police Act of British Columbia “to ensure that an adequate and effective level of policing and law enforcement

is maintained throughout British Columbia.”

Campbell seems oblivious to the dysfunctional coupling of two distinct police models in the patchwork of municipal parochialism in the Lower Mainland – a coupling incapable of dealing with free-ranging

street gangs.

And Campbell seems oblivious to the precarious state of the RCMP, so badly managed by an inept command structure that it must now endure the ultimate ignominy of working under the direction of a

civilian commissioner.

Viewed through the lens of gang activity and rampant drug activity, we are revealed to be a metropolitan community that is far short of adequate and effective policing and law enforcement.

Compare the way policing is carried out in the cities of Vancouver and Surrey using two different models, and make your own assessment.

Surrey, policed under contract by the RCMP:

·   no control over hiring, firing and disciplining of officers;

·   a detachment commander who does not have the independence and authority of a chief constable;

·   all members subject to the authority of the Deputy Commissioner in charge of E Division and the ultimate authority of the Commissioner of the RCMP in Ottawa.

The Surrey detachment is not bound to comply with the provincial Police Act and its complaint process; nor can the municipality govern it with an independent police board; and it is not responsible to the

 provincial minister in charge of policing in British Columbia.

Vancouver, policed by the Vancouver Police Department under independent command of Chief Const. Jim Chu:

·   all constables in the VPD including its chief constable are hired, promoted and may even be dismissed by the Vancouver Police Board;

·   the command structure is in constant change with promotions from the lower ranks;

·   the force is firmly rooted in Vancouver and is capable of generating short and long term analysis of criminal activity in Vancouver, and the manner in which the justice system deals with offenders.

In keeping with an essential and traditional aspect of his responsibility and duty as chief constable, Chu is proactively engaged in public comment and debate on anything that interposes between his force

and their goal of maintaining adequate and effective policing in the City of Vancouver.

My prediction is that mayors and councillors of Lower Mainland municipalities, policed by RCMP detachments, will continue to whine and complain about murderous gangsters while they cling to the

status quo. The alternative is too tough for them to manage: to venture where they have never been before and work together to institute a metropolitan police force.

One thing they should do is to constantly remind themselves of the horrific murders of Ed Schellenberg and Chris Mohan by placing a small sign on their desks: The Buck Stops Here.

 

wallace-gilby-craig@shaw.ca


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Comments

What a great article.
It's about time someone stepped up and starting telling it like it is.
It is interesting that Gilby Craig(a retired judge)mentions Wally Oppal who in my opinion, has done nothing about the gang issue while in office.
If anything, Oppal has actually made things much worse with his lack of action and he has been completely ineffectice as Attorny General.
He is a politician first and foremost and a puppet puppet for Gordon Campbell.
Oppal has spent most of his time in office wobbling on the fence waiting to see which way his boss is going to lean and he needs to be removed.
And the sooner the better.
His boss Gordon Campbell, should go with him when he leaves!
Campbell is surrounded with his own legacy of suspicion when it comes to a number of legal matters, and everytime his opens his mouth,he shows his ignorance on matters of policing and replaces them with a politically driven agenda.
Gilby Craig has also scored a direct hit on the RCMP old boys club responsible for much of the internal problems within the force.
That too needed to be said.
Again, a great article that pretty much covers it all and none of it is pretty.
It describes perfectly what happens when self-serving politics replace justice.
The question remains. What is to be done, and who is going to do it?.

The article explains the problem, but other than a metropolitian police force it doesnt have any solutions.

We need to write to Gordon Cambell, the Attorney General, the Federal Minister responsible for law and order Stockwell Day, with a copy to Stephen Harper, and a copy to our local Mayors. This would be a beginning.

It is necessary for these people to become aware that they are the ones responsible for the breakdown of the Justice System in this Country. By ignoring the problem, and trying to save money by not putting criminals in jail, they have created a serious problem, that is now costing innocent people their lives. If these Politicians do nothing except make vague promises, about increases in Police, etc; then they should be voted out in the next election.
I could not agree more Palopu...but unfortunately people have a tendancy to forgot things like this when they get to the ballot box!
We are now dealing with the results of that!
Yes finally someone who is not afraid to come out into the open, and what already was said, tell it like it is. I have to say Campbell has to be the dirtiest politician we have ever seen.
Judge Joe Smith. Judge Judy. Judge Roy Bean. Why are all our judges called "Justice"?
That word in court does not exist. Why do we call them "Justices" instead of judges? Too American? I don't need a DA. I will settle for Crown Council. One more thing. Our "judges' don't use gavels. Just the auctioneer at Barrett Jackson.
All the criticism is probably more than justified, but I can add some critcism of my own: I don't know when GWJC(Retired) actually retired, but when are the active justices/judges going to speak out as openly as this gentleman and do us all (and themselves!) a giant favour by letting everyone in on what they think is wrong and what can be done to fix it?

Do they have the cojones to speak up?

"The question remains. What is to be done, and who is going to do it?."

Well, exactly.


Here is something else to read, sort of related Prime Minister Kevin Rudd -
Australia


Muslims
who want to live under Islamic Sharia law were
told on Wednesday to get out of Australia , as
the government targeted radicals in a bid to
head off potential terror attacks..



Separately, Rudd
angered some Australian Muslims on Wednesday by
saying he supported spy agencies monitoring the
nation's mosques. Quote:


'IMMIGRANTS,
NOT AUSTRALIANS, MUST ADAPT. Take It Or Leave
It. I am tired of this nation worrying about
whether we are offending some individual or
their culture. Since the terrorist attacks on
Bali , we have experienced a surge in patriotism
by the majority of Australians. '

'This
culture has been developed over two centuries of
struggles, trials and victories by millions of
men and women who have sought freedom'


'We speak mainly ENGLISH, not Spanish,
Lebanese, Arabic, Chinese, Japanese, Russian, or
any other language. Therefore, if you wish to
become part of our society . Learn the
language!'

'Most Australians believe in
God. This is not some Christian, right wing,
political push, but a fact, because Christian
men and women, on Christian principles, founded
this nation, and this is clearly documented. It
is certainly appropriate to display it on the
walls of our schools. If God offends you, then I
suggest you consider another part of the world
as your new home, because God is part of our
culture.'

'We will accept your beliefs,
and will not question why. All we ask is that
you accept ours, and live in harmony and
peaceful enjoyment with us.'

'This is
OUR COUNTRY, OUR LAND, and OUR LIFESTYLE, and we
will allow you every opportunity to enjoy all
this. But once you are done complaining,
whining, and griping about Our Flag, Our Pledge,
Our Christian beliefs, or Our Way of Life, I
highly encourage you take advantage of one other
great Australian freedom, 'THE RIGHT TO
LEAVE'.'


'If you aren't happy here
then LEAVE. We didn't force you to come here.
You asked to be here. So accept the country YOU
accepted.'


Maybe
if we circulate this amongst ourselves, WE will
find the courage to start speaking and voicing
the same truths.


If
you agree please SEND THIS ON
and
ON to as many people as you know


Should have voted conservative federally!
Yup, i would vote for Rudd. (if , of course he said all that)
BRAVO Seamutt.. We need more Kevin Rudds in this country. Enough Political Correctness..It ain't working.
Wally Craig writes a good article, though I sense a touch of arrogance. He is able to make keen observations based on actual happenings and situations, which is not something that everyone is capable of. Unfortunately, as he is a retired Justice, his opinion is worth about as much to the elected officials as yours or mine. Makes for a good read though, and I agree with what he says. His comments bring forth the reality of the RCMP, that they (rcmp) are a top heavy, bureaucratic, antique machine that is owned, operated and tinkered with by an old boys club, one that has an agenda far separate from the hopes and dreams of us the taxpayers, and what we call reality.
Seamutt, if those words were actually spoken by Australian Prime Minister Rudd, then I desperately want to become an Australian citizen, or at least help elect a Canadian government that has the intestinal fortitude to act for the majority, and not pander to the minorities like every poli since Trudeau. One question; does anybody know if Australia followed up on the tough talk?
metalman.
What a crock of BS! Don't buy this snakeoil.

Vancouver cops write 1 paltry Rept to Crown Counsel every 10 work days. And 30% of these are sent back to the police service for "more information." Their work product is 1 conviction per month, of which 1 per year results in an incarceration.

Policing is a coffee break posing as a job. Vancouver slugs take 12 minutes to respond to a major crime, and another 5-10 minutes to conduct a CORNET/CPiC/Firearms suspect, address, and complainant (yes, they assess YOU) search before they grace us with their useless presence.

Vancouver's media is yet again spewing cop regurgitate about a "war on drugs." I can assure you that the clowns of the Violence Suppression Team have been warring for 3 years. They use phony lane change excuses to found takedowns, and then conduct unlawful searches, based on skin colour and make of vehicles. Crown counsel appears willing to accede to this rights-butchery.
http://www.provincialcourt.bc.ca/judgments/pc/2009/00/p09_0031.htm

More slugs? See how a do-nut dunker spent "200 hours" researching a Firearms applicant.
http://www.canlii.org/en/bc/bcsc/doc/2001/2001bcsc579/2001bcsc579.html

Check the American experience in worthless anti-crime crusades:
http://www.amazon.ca/Governing-through-Crime-Transformed-Democracy/dp/0195181085/ref=sr_1_1?ie=UTF8&s=books&qid=1235386800&sr=8-1
I attended the Braidwood Commission (Dziekanski taser incident) hearings today, and I can tell you that media characterization of Cst Rundel's testimony is baloney. His scripted statement that he felt fear prior to the tazer attack by Cst Millington, were torn apart in examination by the Commission counsel. He recanted 5 statements that he made to RCMP investigators, 3 hours after the incident. And he admitted that he had RD under control while 2 tazer shots were inflicted, thereby negating the combative/resistant cause for use of a Conducted Energy Device.

My read of Rundel's testimony is that he and Csts Millington and Bentley will likely defend the first 2 uses of the taser, and allow Cst Robinson (officer in charge) to explain the other 21 seconds of 50,000 volt impact. Robinson is under DUI/Negligence and Reckless Driving charges, for another matter. Rundel's denial of hearing the tazer jolts is a tell. One witness accurately reported the number in Oct. 2007 (Dziekanski was tasered for 31 seconds).

I suspect that Millington and Bentley may adopt the same strategy, although Millington - the only cop authorized to use the taser - followed what was likely an illegal order, in that the force was not essential and expedient to effect compliance. And Bentley's use of an asp baton on a man who may have been already dead, requires an explanation.