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Old 01-05-2012, 02:41 PM   #1
Ugh. As. If.
 
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Arrow samson cree nation to exile gang members

http://aptn.ca/pages/news/2012/01/05...-gang-members/


APTN National News
Members of Samson Cree Nation are voting on whether or not chief and council should have the ability to exile gang members from the community.

Samson is one of four First Nation communities in and around the town of Hobbema, Alberta. Hobbema has been wracked with violence in recent years, including the 2011 homicide of 5-year-old Ethan Yellowbird, killed in a drive-by shooting while he slept.

APTN National News reporter Keith Laboucan was at the referendum, and has the details.

UPDATE: The bylaw has passed, with a vote of 479 to 370. Aboriginal Affairs will need to approve the bylaw before it can take effect
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Old 01-05-2012, 07:25 PM   #2
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I'm really hoping the other three communities follow suit. I also hope the Minister of Aboriginal Affairs allows the by-law to stand. AAND historically have hampered any efforts of communities to take control of situations and deal with them.

Animal control, for example, has always been a huge bone of contention with FN communities and many have tried to get their by-laws passed by the Min of AAND and have been turned down.

I just wrote a letter to my local MP to pass onto the Min of AAND to ask that the by-law be allowed. More folks outside of Hobbema should also ask for it to be passed.

I for one, love going to Hobbema. Their pow wows are awesome, the folks there are kind and welcoming and it is in a beautiful part of the province. When I tell people that I've been down there, they gasp and say things like, "you're brave" or "surprised you didn't get shot". My response is always, "I will not stop going there because of thugs. I'm not afraid of them. I go because I love it there."

To give your support for this community's efforts write to:

The Honourable John Duncan
Minister of Aboriginal Affairs and Northern Development (Canada)
Aboriginal Affairs and Northern Development Canada
Terrasses de la Chaudière
10 Wellington, North Tower
Gatineau, Quebec
Postal Address:
Ottawa, Ontario
K1A 0H4

No postage is required if writing with Canada.
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Old 01-05-2012, 08:41 PM   #3
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Anti-Biker Gang Law

http://www.cbc.ca/news/background/bi...tiganglaw.html

INDEPTH: BIKER GANGS
Canada's anti-gang law

CBC News Online | Updated April 10, 2006


The shooting of Journal de Montreal reporter Michel Auger, seen here on Dec. 6, 2000, put pressure on Ottawa to change Canada's anti-gang law. (Tom Hanson/Canadian Press)
Quebec's bloody war between the Rock Machine and the Hells Angels in the 1990s – and the attempted murder of a Montreal journalist who reported on the biker wars – put the federal government under intense pressure to toughen up laws governing gang violence.

Bill C-95, passed in 1997, amended the Criminal Code (and other legislation) to acknowledge crimes committed "for the benefit of, at the direction of, or in association with" a criminal organization. Convictions carry a mandatory minimum sentence of five years in prison and a maximum sentence of 14 years.

But then there's Section 11, which reads: "Every one who …participates in or substantially contributes to the activities of a criminal organization knowing that any or all of the members of the organization engage in or have, within the preceding five years, engaged in the commission of a series of indictable offences …of which the maximum punishment is imprisonment for five years or more …is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years."

In other words, the legislation makes it illegal to be a member of a motorcycle gang or other criminal organization.


But it wasn't until February 2001 that the first convictions under Canada's anti-gang law were won.

Four men, Philippe Côté, Mario Filion, Eric Leclerc and Simon Lambert, were all found guilty of operating a drug ring for the Rock Machine motorcycle gang (which has since merged with the Bandidos). Four others were acquitted of gangsterism charges but were found guilty of lesser crimes, including drug-related offences.

Before this, the only person who had been tried for charges under Bill C-95 was Peter Paradis, an admitted gang member. Paradis eventually became a police informant and was used as the Crown's main witness in the Rock Machine trial.

In September 2004 in Barrie, Ont., two members of the Hells Angels went on trial for extorting money from a businessman. They were also charged under C-95 for allegedly committing the offence "for the benefit or at the direction of a criminal organization." Some lawyers consider the Ontario trial to be the first significant test of the law.

It took almost 10 months, but Judge Michele Fuerst of Ontario Superior Court eventually ruled that the Hells Angels are a criminal organization. She concluded the men had used the gang's reputation for violence and intimidation as a tool because they'd arrived at the businessman's home wearing Hells Angels insignia.

The men "presented themselves not as individuals, but as members of a group with a reputation for violence and intimidation," Fuerst wrote in her ruling.


Critics of Bill C-95 say it goes too far, arguing it infringes on the freedom of association guaranteed by Section 2(d) of the Charter of Rights and Freedoms. In fact, the trial for the eight Rock Machine gang members was postponed to allow the defence more time to consider whether to challenge some of the charges on constitutional grounds.

And they're not the only ones who have the Charter on their side.

Bikers in Alberta won a major court victory in 2005 when a judge ruled that police violated their constitutional rights during a roadside check in 1997. And the Charter will no doubt be used against Ontario's proposed Bill 155, which would give police the power to seize the assets of criminal organizations even without a criminal investigation.

Other critics say Bill C-95 is flawed because it means people could be guilty of an offence simply because of their status in a group rather than because of something they themselves did.

Then there are those who say the legislation won't work, that it's only a political move aimed at making gangs less visible to the media and the public. They argue that the members would stop wearing gang colours to avoid being arrested under Bill C-95, but the gangs would go on.

But in its 2004 annual report, Criminal Intelligence Service Canada reported that since 2002, the Bandidos and Outlaws have kept a fairly low profile. The agency says some of the credit for the relative peace should go to the anti-gang legislation.
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Old 01-06-2012, 12:05 AM   #4
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Amigo, the gangs that are plaguing our communities and surrounding areas are not biker gangs. They are wannabe Crits and Bloods type gangs. Every city in Canada has gang wars going on and it is more visible in the smaller communities where the populations are small.

Part of the problem that is going to stop the Minister from approving the by-law is some weenie from the DOJ is going to point out that the bylaw is ultra vires the community and steps right on top of the federal Criminal Code. This is probably the most visible demonstration of why themajority of our communities can't help themselves. They get stopped by Ottawa at every effort made to make change.
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Old 01-06-2012, 07:52 AM   #5
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Well the law was written with the Outlaw Motorcycle Gangs (OMG) in mind, but ANY person involved in a violent criminal GANG, or associated with the criminal acts of a gang, can be prosecuted with the statute.

Almost all gangs will get involved with drug trafficking, even if they start off as juvenile "posers". Each generation gets sucked in with the "Thug Life" appeal of power and coolness, but that is a slippery slide down into the actual gang culture as defined by the hardcore prison / street gangs.

The Native Elders often can't comprehend where their youngsters are going with this urban influence, and it sucks the kids away often ending up behind bars where they are further hardened by the gang members.


One of my coworkers carries scars on his abdomen from gangmembers. This was from 1970's when he was dating a girl from a different gang neighborhood. The jealous gang attacked him, shivving him in the stomach 13 times to leave a warning to others. See, they could have killed him easily, but they wanted him to live with the scars to intimidate others. That is the hardcore side of the gang culture.

And nowadays we still have weekly shootings and killings just over "Calling Out" on the street, teenagers challenging others that claim different gangs. Not all these kids come from gang families, many just get sucked in by the image...because their own self-image is so low.

So, Canada better wake up and see how persistent the gang culture is. Canadian parents and grandparents!
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Old 01-06-2012, 02:02 PM   #6
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Several police agencies have set up street gang task forces. The RCMP is just one... but since they hold policing contracts for every where except Ontario and Quebec (and large municipalities), they seem to be concentrating in BC.

Here is Alberta since 2004-7, when the province saw a huge migration of workers from outside the province for the oil patches - there has been an increase on gang activity as well (and homicide).

While the gang laws are great for those over 18, We also have a federal Youth Justice Act which hampers police in using/relying upon the deterrents in the Crim Code. Hard to get tough on gangs when the average member would be considered a YO. http://www.rcmp-grc.gc.ca/gazette/vo...-bc-cb-eng.htm Getting a young person tried as an adult here is a hard up-hill battle. The max sentence they can receive is 5 years unless tried as an adult. Now what I've seen in YJA cases, is that kids nowadays are asking to be tried as adults BECAUSE they get to go to a federal pen or prov bucket as opposed to the Youth facilities. When I do my required per diem Crown work, I've actually had to argue the kid's case back down to the youth level to prevent the kid from ending up in a fed pen or adult wing of the prov jail. (for those who aren't' familiar with canuck jails, we have a division of whether an offender goes to a fed pen or provincial jail and it is dependent on the length of the sentence. Over two years, fed time, under two years less a day, provincial time. This goes back to when prisoners could take up to a year to travel to the only fed pen in Kingston, Ontario from places like Rupert's land only to arrive and spend a few days there before having to be taken back to their place of the crime took place.)

The concern is still when a community tries to fill in a gap in legislation that is lacking or does not address that particular community's need. They have to be careful not to step out of their jurisdiction to make a law. We saw that a few years ago with the prostitution laws. A city created a by law to stop prostitutes from getting business off the street. Since prostitution is a criminal code offence (in part, it's the solicitation that is illegal not the being a prostitute) it was found the city had overstepped their jurisdiction.. it's called ultra vires. The by law trying to be approved has to be very careful not to tread on a) the Constitutional/Charter right to be considered innocent until proven guilty as well as the whole bundle of legal rights found in the Charter and b) doesn't tread on the Crim code's powers. If they can get past that, the community may be on the way to dealing with the violence. I had hoped that they would have tried it under the auspices of a residential tenancy act... but we'll have to wait and see how they are approaching it.

Whatever the result, it is not going to happen all that quickly. The wheels of the civil serpents turn slowly in Ottawa.

However the move by Hobbema isn't about the Criminal Code and its enforcement by the RCMP, it's about gaining the ability to remove gang members and those who practise violence as a solution (had another murder there over the weekend - domestic dispute) from the community.

Communites have had some say under the Correctional and Conditional Release Act under section 81 in allowing Offenders to return to the community or not. http://laws-lois.justice.gc.ca/eng/a...e-20.html#h-32 But it doesn't help the community plug the flow of violence in their youth/adult members.
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I can see the wheel turning but the Hamster appears to be dead.

Last edited by yaahl; 01-07-2012 at 01:18 PM..
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