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Crime

Has Canada’s Criminal Code Lost Its Way?

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7 minute read

From The Audit

Laws have to be clear, consistent, and enforceable. Some of ours aren’t.

I am neither a lawyer nor the son of a lawyer and, thankfully, I’ve never been dragged through the justice system as a participant. But that doesn’t mean I can’t have thoughts.

My recent post on auto theft conviction rates ended with a suggestion that the size and complexity of Canada’s Criminal Code might be contributing to systemic problems with our courts – including suffocating inefficiencies. I’d like to explore that idea a bit more here.

First of all though, complexity is not the driver of most criminal behavior. You don’t need a law degree to know that you shouldn’t steal someone’s car or break his nose in a barroom brawl. And anyone with a grade three education should realize that government program fraud isn’t exactly saintly behaviour.

But overly complex laws can be responsible for some serious problems. Consider how clarity is actually a cornerstone of justice. In Canada, for instance, the Void for Vagueness Doctrine holds that a law is invalid if it’s too vague for the average person to understand. That’s because such laws fail to provide “fair notice” of what’s prohibited and clear standards for enforcement.

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Similarly, if accused criminals can demonstrate that the complexity or ambiguity of the statute led them to reasonably believe their conduct was lawful, those laws might fail the necessary mens rea requirement for certain offences.

Unfortunate illustrations of this problem make appearances in some recent Liberal government legislation:

  • Online Harms Act (Bill C-63) fails to provide a clear definition for “online harm”. This makes it impossible for citizens to anticipate how the new Digital Safety Commission will enforce the law.
  • Online Streaming Act (Bill C-11) appears to require streaming services (like YouTube) to regulate user-generated content using an undefined standard.
  • Online News Act (Bill C-18) could affect how news is shared and accessed online, potentially influencing the availability and distribution of Canadian news​.

Of those, at least C-63 and C-11 – in their current form – could expose individuals to significant criminal and civil penalties without providing clarifying details.

Here’s another example. Section 423 of the Criminal Code prohibits intimidation:

423(1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing…blocks or obstructs a highway.

And Section 430 prohibits “mischief”, whose definition includes:

interfering with the lawful use, enjoyment, or operation of property.

Just playfully attaching a sticker to someone’s car could lead to charges even if there was no intent to cause harm (by, say, damaging the car’s paint).

The problem here is that both Sections 423 and 430 are, to put it mildly, inconsistently enforced. This is something I’ve already discussed in my Limits of Legal Protest post. Participants in recent pro-Hamas protests flagrantly blocked lawful access to roads, parks, and public buildings for weeks at a time in cities across the country. That’s a clear Section 423 and 430 violation. And yet, of the many hundreds of participants, only a handful were ever arrested and, to my knowledge, none was charged with mischief or intimidation.

Now I know exactly what you’re thinking: “Come on Clinton, what about 430(7)?”

No person commits mischief within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

Weren’t those protesters just there to communicate information (“from the river to the sea…”)? Well I’m actually not sure how much meaningful communication was happening at those gatherings. Dialog didn’t seem to be their primary focus. But the legal issue wasn’t where they chose to stand, it was the fact that they actively and intentionally prevented the lawful use, enjoyment, or operation of property – both private and public.

Now, in that context, is it reasonable to prosecute any acts of mischief or intimidation anywhere in Canada? Couldn’t a person reasonably argue that he was under the informed opinion that Canadian police largely ignored such offences?

As the Criminal Code grows, its internal complexity is bound to increase along with it. Comparing the PDF version of the June 15, 2011 version of the Code (1,025 pages) to the most recent version  (1,349 pages) gives us a sense of the changes that are happening in both government and society as a whole. More than 226,000 words (in both French and English) were added over that time, a 31 percent increase. Revisions included updates concerning firearms and weapons, remote proceedings, indigenous rights, organized crime and terrorism, and palliative care.

All that’s not necessarily a bad thing. But when poorly-written legislation (like C-11) makes it into the books and perfectly fine legislation (like Section 430) is enforced unevenly, then we’re asking for trouble. A competent government should be able to do better than that.

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Canada’s struggle against transnational crime & money laundering

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From the Macdonald-Laurier Institute

By Alex Dalziel and Jamie Ferrill

In this episode of the Macdonald-Laurier Institute’s Inside Policy Talks podcast, Senior Fellow and National Security Project Lead Alex Dalziel explores the underreported issue of trade-based money laundering (TBML) with Dr. Jamie Ferrill, the head of financial crime studies at Charles Sturt University in Canberra, Australia and a former Canada Border Services Agency officer.

The discussion focuses on how organized crime groups use global trade transactions to disguise illicit proceeds and the threat this presents to the Canada’s trade relationship with the US and beyond.

Definition of TBML: Trade-based money laundering disguises criminal proceeds by moving value through trade transactions instead of transferring physical cash. Criminals (usually) exploit international trade by  manipulating trade documents, engaging in phantom shipping, and altering invoices to disguise illicit funds as legitimate commerce, bypassing conventional financial scrutiny. As Dr. Ferrill explains, “we have dirty money that’s been generated through things like drug trafficking, human trafficking, arms trafficking, sex trafficking, and that money needs to be cleaned in one way or another. Trade is one of the ways that that’s done.”

A Pervasive Problem: TBML is challenging to detect due to the vast scale and complexity of global trade, making it an attractive channel for organized crime groups. Although global estimates are imprecise, the Financial Action Task Force and The United Nations Office on Drugs and Crime (UNODC) suggests 2-5% of GDP could be tied to money laundering, representing trillions of dollars annually. In Canada, this could mean over $70 billion in potentially laundered funds each year. Despite the scope of TBML, Canada has seen no successful prosecutions for criminal money laundering through trade, highlighting significant gaps in identifying, investigating and prosecuting these complex cases.

Canada’s Vulnerabilities: Along with the sheer volume and complexity of global trade, Canada’s vulnerabilities stem from gaps in anti-money laundering regulation, particularly in high-risk sectors like real estate, luxury goods, and legal services, where criminals exploit weak oversight. Global trade exemplifies the vulnerabilities in oversight, where gaps and limited controls create substantial opportunities for money laundering. A lack of comprehensive export controls also limits Canada’s ability to monitor goods leaving the country effectively. Dr. Ferrill notes that “If we’re seen as this weak link in the process, that’s going to have significant implications on trade partnerships,” underscoring the potential political risks to bilateral trade if Canada fails to address these issues.

International and Private Sector Cooperation: Combating TBML effectively requires strong international cooperation, particularly between Canada and key trade partners like the U.S. The private sector—including freight forwarders, customs brokers, and financial institutions—plays a crucial role in spotting suspicious activities along the supply chain. As Dr. Ferrill emphasizes, “Canada and the U.S. can definitely work together more efficiently and effectively to share and then come up with some better strategies,” pointing to the need for increased collaboration to strengthen oversight and disrupt these transnational crime networks.


Looking to further understand the threat of transnational organized crime to Canada’s borders?

Check out Inside Policy Talks recent podcasts with Christian LeuprechtTodd Hataley  and Alan Bersin.

To learn more about Dr. Ferrill’s research on TBML, check out her chapter in Dirty Money: Financial Crime in Canada.

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Crime

Trudeau’s pro-transgender regime is a get-out-of-jail-free card for Canada’s most violent criminals

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From LifeSiteNews

By Jonathon Van Maren

Canada’s most dangerous criminals are being sent to women’s prisons simply by identifying as such. This can only happen because the country is run by people like Justin Trudeau, who believes gender ideology with every fibre of his being.

You’ve probably heard plenty from Justin Trudeau and his progressive clones about conservative premiers “attacking” and “targeting” the so-called “LGBT community” for legislation protecting children from sex change surgeries. But you won’t hear a word about the victims of LGBT ideology – and you won’t hear a thing about the growing list of insanities inflicted on Canada by the policies they have passed and supported. 

Consider the case of Adam Laboucan, who as a teenager brutally raped a 3-month-old infant and allegedly drowned a toddler – he was convicted only of the violent pedophilic assault, because he was less than 12 years old when he drowned the 3-year-old boy, and under Canadian law you must be at least 12 to be prosecuted. 

Laboucan’s case – which LifeSiteNews reported on last year – was so disturbing that he became Canada’s “youngest designated dangerous offender.”  

Now, according to The Canadian Press, Laboucan is “seeking escorted leave from prison to attend Indigenous cultural ceremonies in Vancouver.” You see, Adam Laboucan has changed his name. He is now known as Tara Desousa, and the CP obediently refers to him by his preferred pronouns, leading to ludicrous sentences such as this one: 

Desousa, then named Adam Laboucan, was 15 years old in 1997 when she sexually assaulted an infant she was babysitting in Quesnel, B.C. The baby required surgery to repair the injuries.

Laboucan, of course, was not a woman when he attacked the infant and drowned the child. He is not a woman now, despite having obtained sex change surgeries since then (he is 43). He is considered so dangerous that B.C. Supreme Court Judge Victor Curtis imposed an indefinite sentence on him in 1999 because there was, in the view of the court, no foreseeable “time span in which Adam Laboucan may be cured.” The B.C. Court of Appeal affirmed the dangerous offender designation in 2002. 

They did so for good reason. Expert psychiatrists stated that Laboucan exhibited everything from “transsexual to pedophilic tendencies.” He was given to self-mutilation and even self-cannibalism. He was promiscuous and volatile, threatening to kill a female guard and behaving so erratically that a 2010 parole review again affirmed his dangerous offender designation due to his problems with “gender identity, impulsive behavior, violence and sexual deviance.” But in 2018, he began to identify as a woman. As LifeSiteNews reported shortly thereafter:  

In a 2021 brief to members of the House of Commons, incarcerated women’s rights advocate Heather Mason told a House Committee that numerous women prisoners had been subject to sexual harassment by males who call themselves females who are living in female prisons. Mason made special mention of Laboucan (Desousa) stating: “One of these women reported that while in the mother-child program, two transgender individuals with convictions for pedophilia, Madilyn Harks and Tara Desousa, would loiter near her and her child, making sexist and inappropriate antagonizing comments.” The person who calls himself Madilyn but was named Matthew has been labelled a serial pedophile with an “all-encompassing preoccupation in sexually abusing young girls.”

Note well: the reason one of Canada’s most dangerous criminals, a man with violent pedophilic impulses and a history of profound mental disturbance, can get sent to a women’s prison is because our country is run by people like Trudeau, who believes gender ideology with every fibre of his being. 

Laboucan’s most recent attempt at parole – in June 2024– was denied, with the Parole Board of Canada stating that that the victim of Laboucan’s assault and the family “have suffered pain, anxiety and anguish and long-term emotional impacts resulting from your offending. Each time you come up for parole, they are haunted by your offending and the damage you inflicted on their defenceless son/grandson.” 

Of course, the government now expects you to believe that these crimes were committed by a woman – and the board did say that “escorted temporary absences” were “the next logical step in reintegration and gradual release,” despite the fact that he is “an undue risk to society.”

Laboucan’s Vancouver-based lawyer, Caroline North, declined to comment on the Federal Court application when asked by the Canadian Press. 

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Jonathon’s writings have been translated into more than six languages and in addition to LifeSiteNews, has been published in the National PostNational ReviewFirst Things, The Federalist, The American Conservative, The Stream, the Jewish Independent, the Hamilton SpectatorReformed Perspective Magazine, and LifeNews, among others. He is a contributing editor to The European Conservative.

His insights have been featured on CTV, Global News, and the CBC, as well as over twenty radio stations. He regularly speaks on a variety of social issues at universities, high schools, churches, and other functions in Canada, the United States, and Europe.

He is the author of The Culture WarSeeing is Believing: Why Our Culture Must Face the Victims of AbortionPatriots: The Untold Story of Ireland’s Pro-Life MovementPrairie Lion: The Life and Times of Ted Byfield, and co-author of A Guide to Discussing Assisted Suicide with Blaise Alleyne.

Jonathon serves as the communications director for the Canadian Centre for Bio-Ethical Reform.

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