Vancouver Information and Newspaper

Archive for October, 2009

OTTAWA – Canada’s top Mountie says more criminal prosecutions are needed to help fight the scourge of terrorism, suggesting there’s been too much emphasis on simply eyeing extremists from the shadows.

RCMP Commissioner William Elliott told a security conference Friday it’s time for police to step up their activities in the realm of national security.

“We need greater capacity to put terrorism cases before the courts and more terrorists in jail,” he said at the annual gathering of the Canadian Association for Security and Intelligence Studies.

At issue is the longstanding tension between spies who prefer to toil quietly in the background and police who arrest suspects with the expectation they will be tried in open court.

Elliott’s comments came a day after CSIS director Richard Fadden outlined the perils of divulging spy tactics in the courtroom.

Fadden defended a recent decision to withdraw evidence in the national security certificate case against Montrealer Adil Charkaoui, saying “an intelligence agency that cannot protect its sources and tradecraft cannot be credible or effective.”

Elliott suggested Friday that intelligence agency efforts to spy on extremists have overshadowed the role of police in charging them with crimes.

The RCMP commissioner said that in order to protect Canadians security officials must sometimes disrupt terrorist plans before sufficient evidence can be gathered to justify criminal charges.

“However, counter-terrorism measures based exclusively on intelligence that falls short of the evidentiary threshold are fraught with danger and difficulty.”

Security agencies will now have to make tough choices as to what they are willing to reveal in open court, he said.

“Intelligence should always be gathered with one eye on the problem of how to turn it into admissible evidence before a judge in a criminal court.”

Elliott said terrorism cases are often seen as overly lengthy and complex and there’s a perception that they seldom result in criminal convictions. But he pointed out there have been seven convictions under the Anti-Terrorism Act since its 2001 passage.

“I note that there are more cases before the courts, and there are more coming where we will recommend criminal charges.”

He said a boost in criminal prosecutions would rob terrorists of legitimacy and enhance Canada’s security relations with the United States.

Canada still suffers from a U.S. perception as a safe haven for extremists, Elliott said.

And the threat of terrorism has not abated, he warned.

The RCMP boss said Osama bin Laden’s al-Qaida network remains a serious danger and serves to inspire violent extremists worldwide – including in Canada.

“Al-Qaida is both a brand and an ideology.”

Elliott said Hezbollah’s hatred of Israel endangers allies of that country, and he warned that the desperate conflict in Somalia may help radicalize young Canadians.

There’s a possibility of Somali-Canadians travelling to the African country to fight, returning to Canada “imbued with both extremist ideology and the skills necessary to translate this into direct action.”

Elliott became the first civilian commissioner of the RCMP two years ago after serving as a national security adviser. He was chosen to oversee sweeping changes to a force widely seen as stuck in the past.

Elliott noted Friday there has been speculation the commission of inquiry into the 1985 Air India bombing will recommend creation of a national intelligence czar.

“I am personally not convinced that this is necessary.”

But he allowed that police and intelligence officials must work together effectively to help ensure more prosecutions take place.

“What is required is closer collaboration between intelligence agencies and law enforcement, so that as operations are planned and intelligence is gathered, the requirements for disclosure and the admissibility of evidence are duly considered and, to the extent possible, put in place.”

OTTAWA – Canada’s top Mountie says more criminal prosecutions are needed to help fight the scourge of terrorism, suggesting there’s been too much emphasis on simply eyeing extremists from the shadows.

RCMP Commissioner William Elliott told a security conference Friday it’s time for police to step up their activities in the realm of national security.

“We need greater capacity to put terrorism cases before the courts and more terrorists in jail,” he said at the annual gathering of the Canadian Association for Security and Intelligence Studies.

At issue is the longstanding tension between spies who prefer to toil quietly in the background and police who arrest suspects with the expectation they will be tried in open court.

Elliott’s comments came a day after CSIS director Richard Fadden outlined the perils of divulging spy tactics in the courtroom.

Fadden defended a recent decision to withdraw evidence in the national security certificate case against Montrealer Adil Charkaoui, saying “an intelligence agency that cannot protect its sources and tradecraft cannot be credible or effective.”

Elliott suggested Friday that intelligence agency efforts to spy on extremists have overshadowed the role of police in charging them with crimes.

The RCMP commissioner said that in order to protect Canadians security officials must sometimes disrupt terrorist plans before sufficient evidence can be gathered to justify criminal charges.

“However, counter-terrorism measures based exclusively on intelligence that falls short of the evidentiary threshold are fraught with danger and difficulty.”

Security agencies will now have to make tough choices as to what they are willing to reveal in open court, he said.

“Intelligence should always be gathered with one eye on the problem of how to turn it into admissible evidence before a judge in a criminal court.”

Elliott said terrorism cases are often seen as overly lengthy and complex and there’s a perception that they seldom result in criminal convictions. But he pointed out there have been seven convictions under the Anti-Terrorism Act since its 2001 passage.

“I note that there are more cases before the courts, and there are more coming where we will recommend criminal charges.”

He said a boost in criminal prosecutions would rob terrorists of legitimacy and enhance Canada’s security relations with the United States.

Canada still suffers from a U.S. perception as a safe haven for extremists, Elliott said.

And the threat of terrorism has not abated, he warned.

The RCMP boss said Osama bin Laden’s al-Qaida network remains a serious danger and serves to inspire violent extremists worldwide – including in Canada.

“Al-Qaida is both a brand and an ideology.”

Elliott said Hezbollah’s hatred of Israel endangers allies of that country, and he warned that the desperate conflict in Somalia may help radicalize young Canadians.

There’s a possibility of Somali-Canadians travelling to the African country to fight, returning to Canada “imbued with both extremist ideology and the skills necessary to translate this into direct action.”

Elliott became the first civilian commissioner of the RCMP two years ago after serving as a national security adviser. He was chosen to oversee sweeping changes to a force widely seen as stuck in the past.

Elliott noted Friday there has been speculation the commission of inquiry into the 1985 Air India bombing will recommend creation of a national intelligence czar.

“I am personally not convinced that this is necessary.”

But he allowed that police and intelligence officials must work together effectively to help ensure more prosecutions take place.

“What is required is closer collaboration between intelligence agencies and law enforcement, so that as operations are planned and intelligence is gathered, the requirements for disclosure and the admissibility of evidence are duly considered and, to the extent possible, put in place.”

YELLOWKNIFE – In a ruling saying that there’s no good time to confess an affair, Northwest Territories Premier Floyd Roland will not be disciplined for a secret relationship he conducted with a legislature staff member.

“There is neither a book nor a set of guidelines to follow in order to determine when to make disclosure of such a relationship,” wrote Ted Hughes, the territory’s conflict of interest commissioner, in the judgment released late Friday.

Last fall, Floyd began an affair with Patricia Russell, a legislative clerk to several committees composed of MLAs not serving in cabinet. Under the territory’s consensus-style government, there are no political parties and MLAs who aren’t in cabinet function as a kind of opposition.

Regular MLAs use the committees to strategize and sometimes to criticize cabinet members and government policy. Some of those MLAs felt Roland’s affair gave him access to confidential discussions and information.

Last May, six MLAs signed a complaint asking Hughes to rule on whether Roland had violated the territory’s conflict of interest rules.

In his decision, Hughes found that Roland did violate the guidelines and should have disclosed the relationship earlier instead of allowing it to continue in secret for months.

“The fact is he did not make the disclosure until he was satisfied that his relationship with Ms. Russell had cemented into a permanent one,” Hughes wrote.

Roland’s first responsibility was to his fellow MLAs and to the legislature itself, wrote Hughes.

“Premier Roland made an error in judgment … He acknowledged in hindsight he probably should have come forward sooner with his disclosure.”

Still, Hughes found that Roland meant no harm and did not recommend discipline.

“He left me in no doubt that his error of judgment was one made in good faith.”

Roland and Russell now live together. Both have spouses and children. Roland was not available for comment.

The conflict of interest inquiry is the second challenge Roland has faced to his leadership. He survived a non-confidence vote in both his premiership and his cabinet in February.

Four out of the last five premiers of the N.W.T. have faced some sort of attempt or threatened attempt to remove them from office. The only one who didn’t was Jim Antoine, who served for 10 months in 1998 after Don Morin was forced out.

LONDON, Ont. – Every night the mother of one of eight Bandidos murdered three years ago wakes up to imagine the terror in her son’s eyes as he awaited execution at the hands of fellow bikers, who may preach brotherhood, but in fact practise betrayal, she said Friday.

There were some who remarked at the time of the murders in April, 2006 that the world was a better place with eight fewer bikers. But their loved ones stood in court Friday to say they were fathers, brothers and sons who did not deserve to be ruthlessly slaughtered by six men, led by the “morally craven” Wayne Kellestine.

Kellestine, Michael Sandham, Frank Mather, Marcelo Aravena, Brett Gardiner and Dwight Mushey were found guilty Thursday of 44 counts of first-degree murder and four counts of manslaughter in the biker gang internal cleansing. They were portrayed at trial as power-hungry schemers or wannabes gunning for status in the outlaw motorcycle club.

The eight bodies of the Toronto-area Bandidos were found shot at least 24 times at close range and stuffed into vehicles, which were abandoned in rural southwestern Ontario, just down the road from Kellestine’s farmhouse, where the bloodshed took place.

In a tearful and powerful statement to the court Vickie Kriarakis, mother of George Kriarakis, said she wakes up in the middle of each night and relives the imagined horror of her son’s final moments. Her family has been ripped apart by the tragedy, she said.

“We’re afraid to be alone because we’re not sure what we would do to end the pain,” Kriarakis said.

“I have sat here in pain and sorrow as I relive the details of my son’s murder day after day in the presence of his killers,” who were wearing their “Sunday best,” she said. “We all know the clothes don’t make the man, especially when the men have no hearts or soul.”

Kriarakis was one of several family members who stood before the court to read victim impact statements before the six men were sentenced. Most of the convicted men bowed their heads as the statements were being read, but Kellestine looked around restlessly.

Before the men were formally sentenced Aravena rose to address the families.

“I truly am sorry for what you guys are going through – for what I put you through,” he said, to snorts of derision from some victims’ family members.

“There’s nothing I can say that can bring back your loved ones…I did not know this was going to happen, I promise you that,” echoing a protest of innocence he made a day earlier.

He delivered the apology in a shaky voice with a hint of a lisp, in stark contrast to a profanity-laced outburst he made Thursday directed at both the jury and his lawyer.

Many “ignorant individuals” have said the murder of eight bikers was a benefit to society, said Frank Salerno’s mother Marilyn DiFlorio. But her son was an intelligent, compassionate and sensitive man who was also a devoted husband and father.

“I weep for my grandson, who will never know his father,” she said. The boy was just eight weeks old at the time of the slayings.

DiFlorio is “seized by rage” when she visits her son’s grave and none of his killers should ever re-enter society, she said, saving the harshest words for Kellestine, the purported leader of the massacre.

“A person like Wayne Kellestine, who not only killed that night but tormented our loved ones for several hours and revelled in his power over them, has shown himself to be morally craven, maliciously egotistic and…a mere inept thug who kills,” she said.

Kellestine, Mushey and Sandham, who were all found guilty of eight counts each of first-degree murder, are to serve their life sentences concurrently, with no chance of parole for 25 years.

Mather and Aravena, who were found guilty of seven counts each of first-degree murder and one count each of manslaughter – and Gardiner, who was found guilty of six counts of first-degree murder and two counts of manslaughter – are to serve 10-year sentences for the manslaughter convictions concurrently with their life sentences with no chance of parole for 25 years.

Their sentences are considered to have begun at the time of their arrests in 2006.

Sandham, Aravena, Mather and Gardiner are subject to 10-year weapons prohibitions upon release. Kellestine, who was already under a lifetime ban, and Mushey will be subject to a lifetime weapons prohibition.

The lawyers for Sandham, Aravena, Gardiner and Mushey asked the judge to recommend they serve their sentences in their home province of Manitoba, while Mather’s lawyer asked that his client be transferred to his home province of New Brunswick.



Tereasa Muscedere, the 24-year-old daughter of John Muscedere, the Bandidos Canada national president, said she felt “alone, scared and confused” when one year after her father’s murder her three-year-old daughter received a “catastrophic” brain injury in a car accident and she could not lean on her dad for support.

“My daughter will never remember the tickle of my father’s moustache,” Muscedere said, fighting back tears. “She will remember his picture, but never his touch.”

The Quebec government says it will table legislation to clean up municipal politics.

The province’s municipal affairs minister tells The Canadian Press that he’s bothered by the flood of allegations of corruption in local governance.

Laurent Lessard says he will start holding meetings with elected officials right after Sunday’s municipal elections, to discuss three things.

He wants to meet with those new officials and union heads to discuss ethics, handling complaints, and awarding contracts.

Quebec has been rocked by a scandal over illicit relationships between Montreal-area politicians, construction companies and the Italian Mafia.

There are allegations of construction companies colluding to inflate the price of building projects, intimidating anyone who doesn’t play along, sharing profits with the Mob, and illegally funding political parties.

Lessard says the scandal has harmed the reputation of all politicians, and says he wants to create more rigid rules for handling complaints.

The provincial government has created a special police unit to investigate the allegations, but has resisted calls for a public inquiry.

A major workers’ union, the Quebec Federation of Labour, has also weighed in against an inquiry, saying police should handle the issue.

OTTAWA – Liberals are heaving a sigh of relief that their donations have not dried up as precipitously as their leader’s popularity.

Third-quarter financial results posted by Elections Canada show the Liberals raised $1.9 million from June to the end of September.

That’s less than half the $4.5 million sucked in by the cash-hoovering Conservatives.

But Liberals are taking solace in the fact that they pulled in more this year than they did during the same period in 2008 when they were in the midst of an election – usually the peak fundraising season for political parties.

What’s more, they’re the only party to have increased their cash intake. Third-quarter results for the Tories, NDP, Bloc Quebecois and Greens all dropped significantly from the same period in 2008.

“We’re one of the few organizations defying gravity,” said Rocco Rossi, the Liberal party’s national director.

Rossi conceded the results are not as impressive as the second quarter, when Liberals came within a hair a matching the Tories’ fundraising prowess. Liberals pulled in $3.87 million versus the Tories’ $3.96 million.

Still, he said, “Given all of the circumstances, (it’s) a very impressive result for the team.”

Many Liberals had been anxiously awaiting the third-quarter numbers, fearing that donations might have dried up along with the party’s plunging poll numbers.

Liberal fortunes have been in a downward spiral since Leader Michael Ignatieff vowed in early September to defeat the minority Tory government at the earliest opportunity.

Liberals had been tied with or even slightly ahead of the Tories in public opinion polls throughout the spring and summer. They are now as much as 15 points behind.

Ignatieff’s personal popularity has also nosedived as he’s lurched from crisis to crisis. He’s been forced to back off his threat to force an election and to shake up both his Quebec organization and his inner circle in an attempt to regroup.

Despite those troubles, the third-quarter results continue a trend in which the Liberals have been slowly but steadily closing the fundraising gap with the Tories.

Last year, the Conservatives raked in a total of $21.2 million – more than triple the Liberals’ $5.9 million.

So far this year, the Tories have raised $12.8 million while the Liberals are not far behind with $7.6 million.

According to the most recent financial statements, the NDP pulled in just over $1 million in the third quarter while the Bloc took in just over $220,000 and the Green’s almost $240,000.