Exploring Criminal Justice in * Rick Ruddell, University of Regina, and Jason Carmichael, McGill University

This supplement to Exploring Criminal Justice in provides additional content about crime and the responses of the police, courts, and corrections that is specific to Quebec, including issues related to urban and rural crime and crimes that are distinctive to Quebec, as well as key or current cases, such as the victimization of Indigenous women in Val-d’Or, the challenges of responding to organized crime, and the of $18.7 million worth of maple syrup. In addition, there are examples of mis- carriages of justice and discussion of issues related to organized crime and to the increase in crime between 2014 and 2015. Altogether, these cases, events, and information specific to Quebec enable readers to better understand the provincial context that can’t be covered in a textbook that focuses on the entire country.

QUEBEC: CRIME AT A GLANCE City, with two murders in 2015, had the second lowest homi- cide rate of all the big cities in Canada with 0.25 per 100,000 Of the 10 provinces, Quebec has among the lowest rates residents. of reported crime and victimization in Canada, and only The National Inquiry into Missing and Murdered Indigen- and have a lower Crime Se- ous Women and Girls, initiated in 2016, has brought renewed verity Index (CSI). Indeed, the CSI in Quebec (55.7) was much attention to the issue of violence towards women. According lower than the average for all of Canada at 69.7. Like the rest to the Chief Public Health Officer of Canada (2016), more than of Canada, rates of crime reported to the police have been 200 men and women are victimized every day and a woman dropping since the 1990s and the rate of violent and property is killed by a member every four days in Canada. With crime offences per 100,000 residents reported to the police in respect to family violence, risks of victimization increase for Quebec is lower today than rates in the 1970s. Information women, Indigenous women, people with disabilities, and from the General Social Survey (GSS) shows that residents of those who identify as lesbian, gay, bisexual,­ trans, or ques- Newfoundland and Labrador and Quebec reported the lowest tioning (Chief Public Health Officer of Canada, 2016, p. 6). rates of victimization in the country (55 and 59 incidents per Self-report surveys such as the General Social Survey (GSS) 1,000 residents, respectively) (Perreault, 2015, p. 7). Between show that most cases of family violence are never reported 2005 and 2015, the overall crime rate in Quebec dropped by to the police. The Canadian Centre for Justice Statistics over one-third (36 per cent). (2016, p. 3) analyzed the 2014 GSS results and reported that Exploring Criminal Justice described the interprovincial differences in the CSI. Figures 1 and 3 show differences in the rates of homicide as well as levels of crime in Quebec’s 7 lar- 4.0 3.8 gest cities. While there is much to feel positive about in terms 3.6 3.5 of crime reduction and having among the lowest crime rates 3.2 in Canada, between 2014 and 2015 there was a 4 per cent in- 3.0 crease in the violent CSI in Quebec, and this was attributed 2.5 to an increased number of and homicide 2.0 offences (Allen, 2016, p. 13). In that year, the murder rate in- 2.0 1.5 creased by 9 per cent and the number of attempted murders 1.5 1.3 1.3 increased by 29 per cent. Figure 1 shows the homicide rate 0.9 1.0 0.7 per 100,000 residents for 2015, and even with the increase 0.6 the Quebec rate of 0.90 is less than the Canadian average of 0.5 1.68 per 100,000 residents. Of the largest Quebec cities, Allen 0.0 (2016) found that the murder rate per 100,000 residents was NL PEI NS NB QC ON MB SK AB BC highest in Trois-Rivières (1.29), which was followed by Mont- FIGURE 1 Provincial Homicide Rates (per 100,000 residents), 2015 real (1.16), Saguenay (0.60), and Sherbrooke (0.50). Quebec Source: Adapted from CANSIM Table 252-0051.

*The ten provincial summaries follow a common template and although the examples presented in this supplement differ from the other nine, some of the content is very similar or will have identical text. Exploring Criminal Justice in Quebec

“4 per cent of in the provinces with a current or 6,000 former spouse or common-law partner reported having been 5,000 4,852 4,551 physically or sexually abused by their spouse during the 4,524 preceding 5 years.” Researchers also found that Indigenous 3,916 3,903 4,000 3,698 women in remote Quebec communities may be at even greater 2,988 risk of victimization given their geographic isolation (Bras- 3,000 sard, Montminy, Bergeron, & Sosa-Sanchez, 2015). Figure 2 presents the findings from the GSS about self-reported vio- 2,000 lence and reveals that Quebec residents had the third lowest rates of victimization. 1,000 There is also increased attention being paid to the issue of 0 sexual violence since the trial and acquittal of Jian ­Ghomeshi, the CBC broadcaster, in 2016. The issue of sexual violence Quebec was also highlighted in Quebec in 2016 when Alice Paquet Montreal Gatineau Sherbrooke Richelieu accused Liberal MNA, Gerry Sklavounos, of sexually - Trois-Rivières Chateauguay Saint-Jean-Sur- ing her, resulting in his resignation from the Liberal caucus. The Ghomeshi trial and the allegations against Sklavounos FIGURE 3 Total Crime Rate (per 100,000 residents), Largest Quebec Cities, further highlighted issues related to reporting sexual as- 2015 sault, such as when reports are made to the police and re-­ Source: Adapted from CANSIM Table 252-0076. victimization. As noted in Exploring Criminal Justice, sexual offences are among the least reported crimes. Perreault (2015, Allen (2016, p. 7) reports that the overall CSI for Canada increased by 5 per cent while Quebec decreased by about p. 3) analyzed the results of the 2014 GSS and estimated as few as 5 per cent of all sexual offences are actually reported 3 percent between 2014 and 2015, with a lower number of to the police (and only a fraction of those cases result in con- break-and-enter offences responsible for that decrease. With victions). Allen (2016, p. 45) reports that the number of sexual respect to crime rates, Figure 3 shows the total crime rates reported to the police in Quebec falls below the for the largest Quebec cities for 2015, which indicate some Canadian average (48 and 60 offences per 100,000 residents, variation in the amount of crime occurring in these places, ­respectively). Those results are consistent with Perreault’s ­although all were relatively close to the Quebec average of 3,878 per 100,000 residents (that total includes traffic -of (2015, p. 31) findings from the 2014 GSS, which also shows that Quebec falls almost 50 per cent below the Canadian fences). The crime rate per 100,000 residents in Chateauguay, average (1,500 and 2,200 offences, respectively, per 100,000 for instance, is about three-fifths of that for Gatineau. One residents aged 15 years and older). Although crime statistics question that criminologists like to ask is why crime differs show that Quebec has rates of sexual violence less than the so much between these places. average for all of Canada, we lack a full understanding of the Crime rates in the Provincial North and the true number of these offences and the case outcomes of per- are higher than in the southern parts of the provinces. Allen sons accused of these crimes. and Perreault (2015, p. 8) report that “Among the 50 police services that reported the highest CSIs in 2013, 32 were lo- 6.0 cated in the Provincial North, 8 in the Territories and 10 in 5.5 5.3 the South.” Table 1 provides a comparison of crime rates per 4.9 5.0 4.7 4.6 4.5 4.2 100,000 residents for all 10 provinces, revealing that rates of 4.5 property, violent, and overall crime are lower in Quebec than 4.0 3.5 3.7 the Canadian average (the highest rates were in the territor- 3.5 3.3 ies and the Prairie Provinces). Allen and Perreault also cal- 3.0 culated the CSI for all of the provinces and territories, and 2.5 2.1 2.0 1.5 TABLE 1 Crime Rates (per 100,000 residents), Canada and Quebec, 2013

1.0 Total Total Violent Violent Property Property 0.5 Crime Crime Crime Crime Crime Rate Crime 0.0 Rate Rate Rate Rate (South) Rate NL PEI NS NB QC ON MB SK AB BC (South) (North) (South) (North) (North) Canada 4,749 10,425 981 2,511 2,984 4,948 FIGURE 2 Victims of Self-Reported Spousal Violence in the Past Five Years (Provinces) (percentage reporting), 2014 Quebec 3,833 4,404 949 1,554 2,362 1,997 Source: Adapted from Canadian Centre for Justice Statistics (2016). Source: Adapted from Allen and Perreault (2015).

2 Exploring Criminal Justice in Quebec

14,000 13,084 Justice reports the results of research carried out by Allen and Perreault (2015), which show that the overall CSI in Quebec 12,000 cities is slightly higher than that reported for rural areas (62.3 10,000 and 59.9, respectively) and the violent CSI is higher in urban

7,798 areas (69.9) than in the countryside (58.0). Just like other 8,000 crime statistics, however, those averages will mask the fact 6,020 5,380 that some rural Quebec communities have very high levels of 6,000 5,030 4,710 crime while others are peaceful. 3,459 3,456 4,000 3,295 3,071 One factor that differentiates urban and rural people is 2,000 that many rural residents are hesitant to report their victim- ization to the police because they don’t want to be the topic 0 of gossip. Writing about rural residents, Smith and McElwee NL PEI NS NB QC ON MB SK AB BC (2013) noted that “many victims of crime suffer in silence feel- FIGURE 4 Youth Crime Rate (per 100,000 residents) by Province, 2014 ing a pressure to conform, ‘keep the peace’ and avoid making Source: Adapted from Allen and Superle (2016). accusations.” In addition, rural residents tend to be more conservative and independent than their urban counterparts Quebec also had a lower overall CSI and violent CSI than the and may be more likely to retaliate against someone who has average for the entire country. caused them harm (Clairmont & Thomson, 2003). These are For the most part, the crime-related information pre- two possible reasons why rural Quebec crime rates may be sented so far for Quebec has emphasized what is “going lower than in other provinces. Resolving crime-related con- right,” and residents have a lot of reasons to be optimis- flicts without involving the police can sometimes lead to tic about the future. With respect to youth involvement in feuds between individuals, , and entire communities. crime, Allen and Superle (2016, p. 21) found that the number At some point the police become involved in these conflicts of youth crimes (persons aged 12 to 18 years) reported to but they are sometimes too late to prevent violence. the Quebec police in 2014 was the second lowest in Canada Life in the countryside presents some challenges, espe- (see Figure 4). When researchers examined the types of cially since the rural population is decreasing as farms become crimes carried out by Quebec youth they found that they had larger and young people are moving to the cities for better an involvement in and drug offences that was employment opportunities. Given the sparse populations, somewhat greater than the average for all the provinces, but many residents feel vulnerable and fearful. Mandryk (2016) these young persons were less likely to engage in property reports that “rural people are all too aware that their remote- crime or “other criminal code” offences, such as public order ness” and that the “scarcity of police makes them much more crimes (e.g., mischief). vulnerable.” The Sûreté du Quebec SQ( ), regional, and local police agencies serving rural Quebec are often spread thin and response times can be lengthy given the large distances CRITICAL THINKING QUESTIONS that need to be patrolled, and inclement weather adds further delays to response times. As a result, when one calls 911 in a 1. Why would Quebec have lower crime rates than other city the police can usually respond in minutes whereas in the provinces? countryside a response might take an hour, or much longer if 2. What factors explain why some Quebec cities have the weather conditions are poor. higher crime rates? Chapter 2 in Exploring Criminal Justice addresses some 3. What factors might lead to higher crime rates in north- specific types of rural crime. During tough economic times, ern Quebec? some Quebec farmers and landowners supplement their in- comes by growing marijuana. Makuch (2013) reports that “uninhabited rural stretches of Eastern Ontario and Western RURAL CRIME Quebec are well-known for illegal pot farming.” While many of these grow-operations (“grow–ops”) are small, some pot We tend to think of rural areas as having relatively low rates farmers are more organized and engage in large-scale drug pro- of crime and violence, but as noted in Chapter 2 of Exploring duction and distribution. In their analyses of almost 4,800 ma- Criminal Justice, some rural places have higher levels of prop- rijuana production operations, Cotter, Greenland, and Karam erty and violent crime than any city. According to Statistics (2015, p. 14) report that 27 per cent of these operations in the Canada (2011), slightly over 1.5 million Quebec residents (19 entire country were in open areas (areas of public access, parks, per cent of the population) live in rural areas (also called the playgrounds, bodies of water) but were much greater in Quebec, countryside in this chapter). Table 2.2 in Exploring Criminal where 40 per cent of these operations were in open areas.

3 Exploring Criminal Justice in Quebec

One problem dating back to the 1990s is when someone of sale in , and Valiante (2016) called this syrup “liquid plants marijuana in a farmer’s corn crop without the land- gold.” Who knew that the syrup one has on pancakes could owner’s knowledge. A Globe and Mail (2004) article describes be stolen and sold on the black market! how one farmer found 220 marijuana plants secretly grow- ing in his field, and he described the town of Bienvenue as a “stoner city.” In that year SQ officers were able to “pluck out CRITICAL THINKING QUESTIONS about 400,000 plants in rural Quebec,” more than were found in , which has a reputation for growing 1. How can rural Quebec residents reduce their risks of marijuana. victimization? Although marijuana is expected to be legalized in 2017, 2. Do you think that the amount of marijuana grown there are a number of problems associated with grow-ops, in the countryside will decrease after this drug is which are likely to continue. First, these operations can legalized? ­attract criminal organizations or outlaw motorcycle gangs, 3. Can you think of any reasons why arrests for cultivat- such as the Hells Angels, who distribute the drugs (Cherry, ing marijuana will increase or decrease after the drug is legalized? 2014). Another hazard of rural grow-ops in Quebec is that they can lure youth into crime. A high school principal from a small town is quoted by the Globe and Mail (2004) as stating that his students were working as harvesters who “earn $25 an THE 2014–2015 CRIME INCREASE hour and can often pocket a big stash of pot. It’s much easier and more rewarding than the usual part-time work available One of the key themes in Chapter 2 of Exploring Criminal Jus- to teenagers.” Moreover, hikers are sometimes placed at risk tice was that crime has been decreasing and police-reported when they stumble across these grow-ops, as some growers crime was at the lowest point in decades. Between 2014 and “booby trap” their crops (Sudbury Star, 2014). In an effort 2015, however, there was a 5 per cent increase in the CSI for to quell these problems, the SQ has established a sizable task the 10 provinces. Most of the increase for the provinces was force dedicated to rooting out illegal grow-ops. due to a greater number of cases of fraud, breaking and en- Some rural crimes involve animals or crops produced tering (B & E), , and homicide (Allen, 2016, p. 3). Of by farmers and ranchers. The largest theft of agricultural special interest was a 15 per cent increase in homicide of- products in Canadian history occurred between 2011 and fences, and Allen (2016, p. 3) reports that growth was primar- 2012 when almost 10,000 barrels of maple syrup, worth ily due to increases in , , and Ontario. $18.7 million, were stolen from a warehouse belonging to The violations driving the one-year changes in provincial CSI the Federation of Quebec Maple Syrup Producers in Saint- are presented in Table 2. Louis-de-­Blandford. Hamilton (2016) reports that the offence was the largest (in terms of value) ever investigated by the Sûreté du Quebec in the agency’s history. The investigation TABLE 2 Changing Crime Severity Index (CSI) in Canada, 2014–2015 involved interviews of 300 persons, and officers from the % Change Violations Driving the Change in CSI Sûreté du Quebec, the RCMP, the Canada Border Services Canada +5 Fraud, B & E, robbery, homicide Agency, and the US Immigration­ and Customs Enforce- Newfoundland and +5 level 1, robbery, violent ment participated­ in the investigation (Rakobowchuk & Labrador firearms offences ­Panetta, 2012). It was later found that the syrup was sent to Prince Edward –10 Theft of $5,000 or under, homicide New ­Brunswick where it was relabelled as produced in that Island province (Montpetit, 2016a). –7 B & E, theft of $5,000 or under Montpetit (2016) reports 26 persons were arrested for +12 B & E, fraud their roles in the , and in November 2016 a jury found Quebec –3 B & E three men guilty of a number of charges including theft, Ontario +2 Fraud fraud, and possession, while others “pleaded guilty, charges +8 B & E, mischief, fraud were dropped against others [and] another five accused will Saskatchewan +10 B & E, homicide, fraud stand trial in January [2017].” At the trial it was disclosed that Alberta +18 B & E, theft of $5,000 or under, vehicle theft there is a “black market” of syrup buyers and sellers who do British Columbia +4 Fraud, theft of $5,000 or under, robbery not want to abide by the quota system, and one of the con- –2 Homicide victed men was reputed to have said “stealing from thieves Northwest +10 Homicide, B & E, assault level 3 is not stealing” (as reported in Hamilton, 2016). In 2016, an- Territories other roughly 13,000 litres of maple syrup worth $150,000 –4 Homicide were stolen from a cargo yard in Montreal, with the intent Source: Adapted from Allen (2016).

4 Exploring Criminal Justice in Quebec

All of the provinces except for Nova Scotia, Prince 5,000 4,638 Edward Island, and Quebec showed an increase in the CSI 4,500 in 2015 (Nunavut and Yukon also decreased). With respect 4,000 to Quebec, the decreased overall CSI is due to fewer break- 3,500 and-enter offences. When it comes to the province’s violent 3,000 CSI, by contrast, murders and attempted murders increased, 2,500 which led to a 4 per cent growth in that index (Allen, 2016, 2,000 p. 13). Most criminologists would agree that we shouldn’t be too alarmed by a one-year increase in the Canadian crime 1,500 1,000 714 rate as there are often yearly fluctuations. The large increase 567 566 396 in Canada is surprising, however, because there were equally 500 210 204 178 149 151 large one-year increases in the (11.8 per cent) 0 and the (11 per cent) from 2014 to 2015 Laval Lévis (Federal Bureau of Investigation, 2016; Office for National Quebec Montreal LongueuilGatineau Saguenay Statistics, 2016). LaurentSherbrooke Terrebonne Richelieu Saint- CRITICAL THINKING QUESTIONS FIGURE 5 Officers in the Largest Quebec Municipal Police Services, 2015 Source: Adapted from Mazowita and Greenland (2016). 1. Why would the number of murders in three distinct countries (Canada, United Kingdom, and the US) ­increase so much in a single year? police service remarked that “I truly think that small-town 2. Were there factors specific to Quebec in 2015 that municipal police forces are an endangered species” (Mills, might explain the increase in the number of attempted 2012, p. 1). murders and homicide? Some distinctive police agencies serve specific populations or places, and Aboriginal police services (which are called self-administered police services), for example, are operated by tribal governments. provide the oversight QUEBEC’S JUSTICE SYSTEM AT A GLANCE for these police agencies, just like a municipal government, ­although the agency’s operations are 100 per cent funded by The Police in Quebec the federal and provincial governments. Many of these First The previous pages described how Quebec’s crime rates are Nations police services are chronically underfunded and they among the lowest in all of Canada. On 1 July 2015, 16,011 often rely on make-do arrangements that are unsafe for offi- police officers were employed in Quebec, or 1.94 officers for cers and offenders. Curtis (2016a) reports that the Opitciwan every 1,000 residents, which is slightly more than the average police service in northern Quebec ceased operations in April of 1.92 officers for all 10 provinces (Mazowita & Greenland, 2016 when the First Nation could no longer fund the oper- 2016). Most municipalities and several dozen First Nations ations. As the 22 officers were no longer “on the streets,” the have their own police services and the remainder of the SQ began providing policing services. province, including rural areas, is policed by the SQ. This One of the challenges of having the SQ provide policing ­approach is different from the rest of Canada as Ontario and services is that their staffing model is based on temporar- Quebec are the only provinces with provincial police and the ily placing officers in these Aboriginal communities. This remaining eight provinces contract with the Royal Canadian is unlike the policing arrangements conducted by the On- Mounted Police (RCMP) to police rural areas. tario Provincial Police or RCMP, or officers employed by Altogether there were 45 municipal, regional, and First self-­administered Aboriginal police services who live and Nations police services in Quebec employing 16,011 officers work in these communities on a full-time basis. Instead, the on 1 July 2015; the SQ employed 5,555 officers and there were SQ officers are flown into these places for 7 to 10 days and 935 Royal Canadian Mounted Police officers in the province then return to their regular assignments. Curtis (2013) inter- carrying out federal policing (Mazowita & Greenland, 2016, viewed community residents from these Quebec commun- p. 16). The largest municipalities deploy the most officers, ities and found that these temporary officers were not there and Figure 5 shows they employed 7,773 officers in 2015; long enough to establish relationships with the community combined with the 5,555 SQ and 935 RCMP officers they -ac members. As an SQ spokesperson says, “the staff is constantly count for 89 per cent of all Quebec police officers. Smaller changing.” police services have generally been disbanding over time, Table 3 shows the provincial police strength and the 2015 and in November 2012 the mayor of a city with a 15-officer CSI and violent CSI for the provinces. Although the number

5 Exploring Criminal Justice in Quebec

TABLE 3 Police Strength, Overall and Violent CSI, 2015 note that cadets are exposed to a large number of intense

Police Officers simulated situations created to inform and build on their per 1,000 Total CSI Violent CSI ethical skills. Residents (2015) (2015) (2015) Instructors at the academy have at least five years of ex- Newfoundland and Labrador 1.68 65.6 66.4 perience as police officers, and in addition to teaching cadets Prince Edward Island 1.54 49.7 40.8 the technical skills they need to be officers they provide Nova Scotia 1.97 61.9 67.5 coaching and support. At the end of the academy program New Brunswick 1.70 63.0 60.4 each officer receives an attestation of achievement, which Quebec 1.94 55.7 65.8 affirms successful completion and authorizes him/her to be Ontario 1.90 50.6 59.2 a police officer in the province. These graduates can then Manitoba 2.01 104.3 135.9 apply for policing jobs. As a result, successfully obtaining Saskatchewan 2.02 135.8 134.8 a policing job depends somewhat on the job market (which Alberta 1.71 102.3 96.5 agencies are hiring) and the graduate’s success in landing British Columbia 1.85 94.7 83.0 a job. Graduates who are unable to find policing jobs often Yukon 3.47 183.6 207.7 end up in corrections, or work in security positions or as 4.56 319.0 357.7 special constables. Nunavut 3.55 270.2 380.5 In addition to the formal police training, all police ser- Source: Adapted from Allen (2016); Mazowita & Greenland (2016). vices require that newly appointed police constables serve a probationary period of 6–12 months. During this time, of- of police officers for every 1,000 residents is similar across ficers are often paired with a field training officer who pro- the provinces there is a lot more variation in crime rates. vides instruction on how to apply the academic training “to For example, while Quebec had the third lowest overall CSI the streets.” Moreover, once they have successfully passed the province deployed the fourth highest number of officers their probationary period, all officers will participate in -on per capita for the province. going training, paid by their employers, for the remainder of their careers. Police Training in Quebec The pathway to becoming a police officer in Quebec is some- Quebec’s Courts what different from the rest of Canada, and requires three A number of changes in Quebec’s court system were intro- distinct steps. All Aboriginal, municipal, provincial, and duced on 1 January, 2016. According to Justice Quebec regional police officers in Quebec attend the École national (2016a), the Court of Quebec has three divisions: (a) the Civil de police du Quebec (ENPQ) in Nicolet. But to be accepted Division, which hears small claims of up to $15,000, finan- into the ENPQ, applicants must first have a three-year dip- cial disputes of up to $85,000 and cases related to confine- loma in police technology from an accredited school, such ment in health or social service facilities; (b) Criminal and as John Abbot College in Montreal. This formal education Penal Division, which hears criminal matters; and (c) Youth provides a basic understanding of law and policing. Unlike Division, which hears all cases related to youth protection many post-secondary programs, applicants into the police and youth charged with offences under the federal Youth technology programs are screened before admission (e.g., Criminal Justice Act. Most arrestees make their first appear- physical checks, psychological screening, and a background ances in these courts, and a majority of criminal cases are check). resolved in these courts (although all murder cases are heard The second step in obtaining a job as a police officer is in the superior courts). Judges in these courts can also au- to graduate from the ENPQ. This involves a 15-week program thorize search warrants. There are also 88 municipal courts where cadets live on campus and are taught the technical that hear cases related to traffic (e.g., violations of theHigh - skills required for policing, such as use of force and firearms, way Safety Code), and judges within these courts can also and emergency driving. The application fee is approximately hear minor adult criminal matters being prosecuted as sum- $600, and tuition and living are costly—$25,357 in 2015–16 mary convictions. (Ecole nationale de police du Quebec, 2015). Superior courts in Quebec deal with more serious crim- The ENPQ program has been called highly intensive and inal matters and all cases of homicide or treason are auto- focuses on developing the interpersonal skills required for matically heard in these courts. Moreover, all jury trials are policing. According to the Government of Quebec (2015), conducted in these courts. One thing distinctive about the key skills learned during the academy program include: superior courts is that they can hear appeals related to sum- strategic patrol; intervening in regular, at-risk, and planned mary offences, such as theft, impaired driving, or prostitu- situations; and being able to use legal and technological tion (Justice Quebec, 2016a). In addition to hearing criminal knowledge in an ethical manner. Alain and Gregoire (2008) matters, the superior courts hear civil cases related to family

6 Exploring Criminal Justice in Quebec

TABLE 4 Quebec’s Courts 50 44 Type Judges* 45 Court of Quebec One Chief Judge, a Senior Associate Judge, 4 associate 40 36 chief judges, and 284 judges. Their work is supported by 36 35 33 presiding justices of the peace. 31 29 28 Superior Court One Chief Justice, a Senior Associate Chief Justice, an 30 25 Associate Chief Justice, and 142 judges who are all 25 22 appointed by the . 20 20 Court of Appeal Chief Justice and 19 other judges appointed by the government of Canada. 15 *All three levels of courts also rely on supernumerary or per diem judges, who are 10 8 appointed to work on a part-time basis: most are retired judges under 75 years of age. In addition to hearing cases they may be assigned to special projects. 5 Source: Adapted from Justice Quebec (2016a). 0 NL PEI NS NB QC ON MB SK AB BC matters, such as divorce, wills, and disputes of $85,000 or FIGURE 7 Percentage of Criminal Charges Stayed/Withdrawn, by Province, more, and judges in these courts can stop potentially harmful 2013–2014 Source: Adapted from CANSIM Table 252-0053. activities, such as construction projects not authorized by the property owners (Justice Quebec, 2016a). The Court of Appeal is the highest level of court in the in 2001–2002 to 239 days in 2014–2015, which is much greater province and the 20 judges hear appeals in Montreal and than the median of 121 days for all 10 provinces. Those delays Quebec City. Like other provincial courts, most matters are may have a significant impact on the administration of justice heard by three judges, although in exceptional cases five given the 2016 guidelines of the judges can sit on a case. According to Justice Quebec (2016a), mandating that criminal cases be resolved within a set “in criminal and penal matters, the Court of Appeal hears number of months. As a result of this decision, the prosecu- appeal from verdicts of guilt or acquittal and sentences im- tion of “thousands of criminal cases are at risk of being tossed posed under the Criminal Code or the Code of Penal Pro- out of the courts due to delays caused by underfunding and cedure.” The vast majority of the work of the Court is civil the increasing complexity of criminal cases” (Lupton, 2016). in nature, and in 2015 the Court heard 45 matters related to While the number of cases and the case processing time verdicts and 48 matters related to sentencing (where either has been decreasing, Quebec’s prosecutors drop fewer cases the Crown or the offender appealed the severity of a sentence) than in any other province. Figure 7 shows that 8 per cent­ (Court of Appeal of Quebec, 2016). Most of these criminal of all charges in Quebec were withdrawn or stayed in 2013– matters are heard within six months, although some cases, 2014, and this was the lowest in all of Canada (the average such as youth matters, can be fast-tracked. for the remaining nine provinces was 26 per cent). Reevely The number of adult criminal cases heard by Quebec courts (2016) believes that a key reason for high numbers of with- has decreased somewhat between 2000–2001 (63,191 cases) drawals is that police might overcharge some suspects and 2014–2015 (57,941 cases); that total does not count youth (where multiple charges are levied for one incident) and then or traffic court cases. The median case processing time (not some of those charges are later withdrawn. But the system shown in Figure 6) has increased significantly: from 119 days in Quebec has a lower number of charges withdrawn be- cause charges are laid by the prosecutor and not the police. 90,000 One outcome of having a large number of charges is some suspects are kept in jail awaiting court dates and this might 80,000 contribute to overcrowding. If overcharging is occurring, it 70,000 shows how decisions in one part of the justice system (the 60,000 police) can have an impact on the other components: the 50,000 courts and corrections. 40,000 Quebec Corrections 30,000 There are 20 correctional centres operated by the Quebec 20,000 government, and they hold persons remanded into custody 10,000 (awaiting their next court dates) as well as incarcerated 0 ­offenders sentenced to serve terms of less than two years. 2001 2003 2005 2007 2009 2011 2013 2015 Most persons admitted to correctional centres are remanded: FIGURE 6 Criminal Cases Heard in Quebec Courts, 2000–2001 to 2014–2015 the Quebec Ombudsman (2016, p. 79) reported that 43,149 Source: Adapted from CANSIM Table 252-0055. persons were admitted to Quebec’s correctional facilities in

7 Exploring Criminal Justice in Quebec

2015–2016, and of those inmates 24 per cent were serving a 16,000 sentence while 76 per cent were held awaiting trial or sen- 14,000 tencing. Long sentences in provincial corrections are rare, and Table 5 shows the sentence length ordered for 10,290 of- 12,000 fenders sentenced in 2014–2015. Of these offenders, over one- 10,000 half (53.3 per cent) serve less than three months, and only 8,000 4.9 per cent are incarcerated for more than one year. Even though most provincial sentences are generally short, an 6,000 inmate can earn an early release for good behaviour and abid- 4,000 ing by institutional rules; this is called earned remission. 2,000 Some sentenced provincial inmates serve intermittent or “weekend” sentences, where the offender serves the sen- 0 tence on weekends. The Quebec Ombudsman (2016) notes 2001 2003 2005 2007 2009 2011 2013 2015 the number of offenders serving continuous sentences was Custody Probation almost the same as those serving intermittent sentences, and their average sentences were relatively short: 75 and 12 FIGURE 8 Quebec Probation and Custodial Populations, 2000–2001 to days, respectively. Inmates remanded to custody served an 2014–2015 average of 27 days in 2015–2016 (Quebec Ombudsman, 2016). Source: Adapted from CANSIM Table 251-0005. As shown in Figure 8 the number of provincial inmates in custody has been increasing, which has led to overcrowding and the need to provide additional beds, including opening average daily cost to house an inmate in Quebec was $201.35 a new facility in Roberval in December 2015. Three other fa- in 2014–2015, which was somewhat more than the average of cilities are scheduled to open in 2016–2017, in Sept-Iles, Sorel- $198.50 for all 10 provinces. This cost, however, is much less Tracy, and Amos, although these will only result in a limited than that for housing a federal inmate—which cost $301.94 in number of new beds because the facility in Chicoutimi is 2014–2015 (Reitano, 2016, p. 16). Phrased another way, it costs scheduled for closure. $73,493 to incarcerate an offender for one year in a Quebec Figure 8 shows that the average daily number of provin- facility whereas it costs $110,208 to house an offender in a cial inmates increased from 3,531 individuals in 2000–2001 federal prison. to 5,179 inmates in 2014–2015 (a 46.7 per cent increase); that total includes remanded and sentenced adults. According to Federal Offenders in Correctional Service Reitano (2016, p. 10), this translates into 77 provincial in- of Canada Facilities mates for every 100,000 residents, which is lower than the Canadian average of 85 inmates per 100,000 residents (Mani- Federal prisoners are serving terms of imprisonment two toba leads the provinces with 240 inmates for every 100,000 years and longer and about one-quarter are “lifers” who will residents). The number of offenders supervised in the com- be under correctional supervision for the rest of their lives. munity has been more stable, increasing by 10.3 per cent There are 10 federal facilities in Quebec. All but one of the between 2000–2001 and 2014–2015, or 205 probationers per ­facilities—the Joliette Institution—have all-male populations 100,000 residents, which is close to one-half the Canadian who are housed in minimum, medium, and maximum sec- average of 376 individuals per 100,000 residents. Incarcerat- urity settings. Table 6 shows the rated capacity of these insti- ing inmates is costly. Reitano (2016, p. 16) reports that the tutions in 2014, but five of these facilities were in the process of adding beds. Most of these prisons are medium security, although some facilities, such as the Archambault Institu- TABLE 5 Offenders Sentenced to Provincial Custody, Quebec, 2014–2015 tion at Sainte-Anne-des-Plaines, are multi-level, meaning

Sentence Length Ordered Number Percentage that there is more than one security level. The Port-Cartier Total 10,290 100 institution is a maximum security facility, and Canada’s only One month or less 3,070 29.8 special handling unit (which has the highest security) is at the Greater than 1 month to 3 months 2,423 23.5 Sainte-Anne-des-Plaines institution. Greater than 3 months to 6 months 811 7.9 The Correctional Service of Canada CSC( ) also operates Greater than 6 months to 12 months 562 5.5 four community correctional centres (CCCs) in Montreal Greater than 12 to less than 24 months 369 3.6 (the Ogilvy, Sherbrooke, Hochelaga, and Martineau centres) Twenty-four months or more 137 1.3 to house offenders released on either day parole or condi- Unknown sentence length 2,918 28.4 tional releases, and other CCCs are located in Quebec City Source: Adapted from CANSIM Table 251-0024. (the Marcel-Caron facility) and St-Jerome (Laferriere). The

8 Exploring Criminal Justice in Quebec

TABLE 6 Federal Penitentiaries in Quebec 6,000

Bed Facility Capacity 5,000 Archambault Institution (Sainte-Anne-des-Plaines) 449* Cowansville Institution 423* 4,000 Donnacona Institution 355* 3,000 Drummond Institution 369

* Federal Training Centre 668 2,000 Joliette Institution for Women 115* La Macaza Institution 240 1,000 Port-Cartier Institution 237 Regional Mental Health Centre (Saint-Anne-des-Plaines) 119 0 Regional Reception Centre (Sainte-Anne-des-Plaines) 283 2001 2003 2005 2007 2009 2011 *Facilities are scheduled to expand capacity. Custody Probation Source: Adapted from Correctional Service of Canada (2014). FIGURE 9 Average Number of Youth in Custody and on Probation, Quebec, 2000–2001 to 2011–2012 CSC also contracts with non-governmental agencies, such Source: Adapted from CANSIM Table 251-0008. as the St-Leonard Society, to provide housing for offenders who have been conditionally released or paroled to one of 44 ­community-based residential facilities. youth from a life of crime. The summary, written by Com- munity Safety and Countering Crime Branch, Research Div- Youth Corrections ision (2016), is available at https://www.publicsafety.gc.ca/ Youth aged 12 to 18 years who have been remanded or sen- cnt/rsrcs/pblctns/2016-s005/index-en.aspx. tenced to custody are placed in youth facilities operated Report Card on Quebec’s Criminal by the Quebec government. The programs offered to the residents will differ as open custody youth are held in less re- Justice System strictive conditions and they have more access to community activities, such as attending a community school or working. Perrin and Audas (2016) developed a report that graded the Youth sentenced to secure custody, by contrast, have gen- effectiveness and efficiency of the justice systems in each of erally pleaded guilty to more serious offences, or they have the provinces and territories and those results are presented histories of escape from custody that make them less suited in Table 7. Quebec ranks fairly high in this rating (fourth for a community-based open custody program. As a result, highest in all of Canada), and gets good marks for fairness most of the rehabilitative and educational programs for these and access to justice, public safety, and cost and resources, youth are delivered within the facility. Figure 9 shows that the average number of youth held in custody decreased sig- TABLE 7 Report Card on Provincial and Territorial Justice Systems nificantly between 2000–2001 and 2011–2012 (newer data are not available): from a daily average of 455 to 219 youth, a Support Fairness Public for Cost and and Overall 52 per cent decrease. The number of youth being supervised Province Rank Safety Victims Resources Access Efficiency Grade in the community (e.g., probation) also fell during the same PEI 1 B+ B+ B+ B A B+ period, from an average of 4,813 youth on probation in 2000– NL 2 B B+ C+ B+ B B 2001 to 4,493 youth in 2011–2012. The decreased number of NB 3 B+ C+ B+ B B B youth who were incarcerated or on probation is consistent QC 4 B C+ B B+ C+ B with what happened in other provinces after the introduc- NS 5 B B C+ B+ C+ B tion of the Youth Criminal Justice Act and more youth were AB 6 C+ B B+ C C+ C+ diverted from the formal court system. ON 7 B B B C+ C C+ Most Canadians have engaged in some minor crimes BC 8 C+ C B C+ B C+ when they were young, but a smaller number of us continue SK 9 C C+ C C+ B C+ to engage in crime as we age. Crime prevention programs and NU 10 C F F A+ A C+ timely interventions can reduce the amount of youth crime, NWT 11 C+ F F B+ A C which reduces victimization and is less costly to society. MN 12 C+ C D C+ C C A research report, entitled Tyler’s Troubled Life (the summary YK 13 C F F B+ B+ C is two pages), shows the benefits to society from saving a Source: Adapted from Perrin and Audas (2016).

9 Exploring Criminal Justice in Quebec

TABLE 8 Objectives of Criminal Justice Systems The police are also at high risk, and in February 2016, 26-year- old Thierry Leroux was killed and his partner wounded in Public Safety • The fundamental purpose of the justice system is to protect society by holding offenders accountable, but ­Lac-Simon when responding to a family violence call. Other also providing supports to rehabilitate offenders. officers policing FirstNations ­ have been killed or wounded • Measured by (a) crime and clearance rates; (b) public perceptions about police enforcing the law, since 2012 (Curtis, 2016c; Ruddell, 2017). ensuring safety, and satisfaction with safety. One of the challenges of responding to high levels of dis- Support for Victims • Victims have rights related to information, order and crimes is that the police services, courts, and cor- protection, participation, and restitution. rectional systems in the North are often underfunded and • Measured by (a) proportion of offenders given restitution orders; (b) referrals to victims’ services; they may lack the ability to provide effective public services. and (c) public perceptions about police supplying In the policing section it was noted that many of the First information and being approachable. Nations police services in Quebec, and especially those in the Costs and Resources • The justice system should be run in a cost-effective manner while meeting its core objectives. North, did not have enough funding to safely carry out their • Measured by (a) per capita cost of public safety; work (see Auditor General of Canada, 2014). Curtis (2016b) (b) per capita cost of corrections; (c) average daily inmate cost; and (d) number of police per capita. reports that these agencies are so underfunded that officers wear bullet-resistant vests that are expired, officers receive Fairness and Access • The justice system must guarantee that the to Justice constitutional rights of accused persons are upheld lower salaries than their counterparts working in other mu- and provide them with fair and impartial trials, as nicipal police services, agencies use borrowed equipment guaranteed by the Charter. • Measured by (a) legal aid expenditures per crime; such as breathalyzers, and a lack of staff increases the backup (b) percentage of trials with a guilty outcome; time. As a result, officers rarely stay in these jobs for very long (c) proportion of Aboriginal persons in custody versus their prevalence in the population; and (d) and apply for jobs in southern Quebec that pay better and are public perceptions about the police being fair. safer, and where living conditions are better. Efficiency • A well-functioning criminal justice system should The court and correctional services in northern Quebec ensure prompt and thorough investigations and communities also suffer from a lack of services. The Quebec timely prosecutions and trials. • Measured by (a) Criminal Code incidents per police Ombudsman (2016b) reported on the problems in the admin- officer; (b) accused on remand per 1,000 crimes; istration of justice in this region, observing that “there is an (c) average criminal case processing time; (d) percentage of cases stayed or withdrawn; and inadequate response to the needs of , both during their (e) public perceptions about the police responding journey through the justice system and during their social promptly. reintegration. This reality is unacceptable” (p. 59). Source: Adapted from Perrin and Audas (2016, pp. 29–30). Two of the foremost problems are the access to the courts but the province needs to improve support for victims and ef- and the condition of temporary detention facilities. The ficiency. Table 8 shows the different objectives of the criminal Quebec Ombudsman (2016, p. 4) noted the number of per- justice system, and how they measured them. sons appearing before the courts had increased 239 per cent between 2002 and 2012. As there are no correctional facilities Does Northern Quebec’s Justice System in the Far North, persons who are arrested are held in holding Require a Separate Report Card? cells in police stations. Arrestees who are thought to be at risk of committing crimes if released are transported to Montreal While the Perrin and Audas (2016) report shows that the by plane to appear before a judge to determine if they should criminal justice system is generally responsive to the public, be held in custody or released with a promise to appear in there are some places within the province where the servi- court. Not only is this expensive, but the travel can be dan- ces to victims and offenders are not as effective. Earlier it gerous in poor weather conditions. Rural courts have always was reported that the crime severity in northern Quebec was suffered from the problem that the court only meets once or higher than in southern Quebec, but crime rates in Nuna- twice a month (they are called itinerant courts), and persons vik (the homeland of about 11,000 residents, primarily Inuit, remanded into custody (awaiting their court date) will often who live above the fifty-fifth parallel) are even higher. Rates spend a longer time behind bars than someone from an urban of violence have been increasing, and Rogers (2016) reports area. that the number of calls to the police about weapons use have With respect to the conditions within the police detention doubled since 2015. In addition, some of the communities facilities, the Ombudsman found that these places were often in northern Quebec are plagued by social problems, such overcrowded, not clean or sanitary, and often required main- as substance abuse and poverty. Curtis (2016c) describes tenance. Prisoners are kept in police station holding cells, and how officers in the Kawawachikamach First Nation near the while it is desirable to hold only one person in each cell, some Quebec–­Labrador border “responded to 64 suicide attempts hold two inmates, and this can be an unpleasant situation if in the last 12 months. In a community with a population of one of these individuals has mental health problems or is in 850, that represents about one attempt for every 12 residents.” withdrawal from addictions. The Ombudsman also identified

10 Exploring Criminal Justice in Quebec a number of additional problems, such as the quality of meals, he spent two years in prison the Supreme Court of Canada the lack of a courtyard (e.g., some inmates are locked up found that “There was a flagrant disregard for the rights of 24 hours a day and have no outside access), and the inad- the appellant, fuelled by motives that were clearly improper” equacy of phone access or laundry services (Quebec Om- (Proulx v. Quebec (Attorney General)) and ruled that the budsman, 2016). Ultimately, the authorities in Nunavik find it province of Quebec provide him compensation. difficult to provide safe and clean conditions of confinement. In order to shed light on wrongful convictions in Quebec we take a closer look at the case of Rejean Hinse, who was convicted of armed robbery of a Mont-Laurier general store CRITICAL THINKING QUESTIONS in December 1961. Five robbers participated in the robbery 1. What does the justice system in Quebec do well, or where the shopkeeper and his wife were assaulted in an hour- poorly? long attack that netted the robbers $4,000 (Banerjee, 2011). 2. How would you improve Quebec’s justice system? Later arrested, he was remanded in custody for almost three 3. What would you do to improve the justice system in years and then was convicted in 1964 for his role in the rob- northern Quebec? bery and was sentenced to 15 years. Hinse was ultimately par- oled in 1969 although he always maintained his innocence and he argued that he was a victim of eyewitness misidentifi- WRONGFUL CONVICTIONS: REJEAN cation. He waged a 20-year battle with Quebec authorities in HINSE’S FIGHT TO CLEAR HIS NAME order to clear his name, arguing he was 200 kilometres away from Mont-Laurier at the time of the offence. When somebody is jailed, convicted, or punished for an In 1994 the Quebec Court of Appeal set aside his con- offence that he or she didn’t commit, it shakes the public’s viction and entered a stay of proceedings. But that did not faith in the entire justice system. Wrongful convictions date clear his name and Hinse continued his fight to the Supreme back to the start of justice systems, and as noted in ­Chapter 1 Court in 1997, which found that his conviction was wrong- of Exploring Criminal Justice, since 1993, at least 21 Can- ful (R. v. Rejean Hinse). And while the courts ruled that he adians have been exonerated and released from prison due was not guilty of the charge, he never received any apology or to wrongful convictions through the efforts of Innocence compensation. As a result, Hinse sued the Quebec and fed- Canada (2016). In addition, many other persons were ex- eral governments and was awarded $13.1 million, and he re- onerated but did not receive help from that organization. ceived $4.5 million from the Quebec government. The federal Almost 100 other prisoners have asked for help from Inno- government, however, appealed that decision and ultimately cence Canada and 8 are from Quebec (Innocence Canada, won when the Supreme Court in 2015 found that the federal 2016). Several other advocacy organizations, most often as- ­government acted in good faith and did not display malice sociated with law schools, educate the public and provide (Hinse v. Canada (Attorney General)). training to law students about wrongful convictions. The The Hinse case is noteworthy as it shows that determin- McGill Faculty of Law, for example, operates a legal clinic ation can overcome bureaucracy; most of us would not have called Innocence McGill and they have investigated cases of waged a 30-year fight before being awarded any compen- wrongful convictions in Quebec as well as the rest of Canada sation. The fight for justice that Hinse conducted took up since 2006. almost his entire lifetime: the initial robbery occurred in While Canadians are familiar with the names of high-­ December 1961 and the Supreme Court of Canada issued its profile wrongfully convicted persons such as David Milgaard, final ruling in June 2015. During that time his case was heard individuals who have been wrongfully convicted in Quebec twice by the Supreme Court of Canada, which does show are less well known. Recent cases include Simon Marshall, that the poor do have some access to Canada’s highest court. who suffers from a mental handicap and was imprisoned be- The justice system also learns from these miscarriages of jus- tween 1997 and 2003 for a number of sexual offences. Analy- tice. A report, prepared by the Federal/Provincial/Territorial ses of DNA evidence proved he was innocent and he received Heads of Prosecutions Committee (2011, p. 173) reports that $2.3 million in compensation. Chris Bates was imprisoned for since 2005 “all new prosecutors have been educated about five-and-a-half years for the 1992 murder of a Cowansville the prevention of wrongful convictions.” Yet, we also know store clerk, but was ultimately released when new evidence that investigations and prosecutions are complex tasks and was considered, including “a lack of forensic evidence and a former Quebec judge, convicted of the 2009 murder of his conflicting, changing witness statements” (Edwards, 2014). wife, is seeking a release from prison on bail pending the Moreover, the Supreme Court of Canada found that a vindic- results of a criminal conviction review, and there is some tive prosecution had resulted in the 1991 conviction of Benoit evidence that he has been wrongfully convicted (Montreal Proulx for the murder of his ex-girlfriend in Ste-Foy. After Gazette, 2016).

11 Exploring Criminal Justice in Quebec

police, Sûreté du Quebec, and the RCMP arrested 48 individ- CRITICAL THINKING QUESTIONS uals associated with the mafia, the Hells Angels, and several 1. Rejean Hinse ultimately received $4.5 million in com- street gangs (Lau, 2015). pensation for his wrongful conviction and five years of Many of the organized crime activities in Quebec are re- imprisonment. Was that a fair amount of compensa- lated to control over drug trafficking, although some of the tion given how long he had waited for exoneration and individuals in recent police raids were arrested for violent compensation? crimes. Some of the violence associated with these crime 2. How can we hold the persons who make miscarriages groups is related to a lack of clear leadership in the under- of justice accountable, such as the police and pros- world after the 2013 death of Vito Rizzuto, who has been ecutors involved in a case? called “the most powerful and influential gangster Canada 3. There is some evidence that Wilbert Coffin, a woods- has seen” (Humphreys, 2015). The CBC reported that three man from the Gaspé, was wrongfully convicted of a men from Laval and Montreal associated with the Rizzuto or- double murder in 1953 and then executed in 1956. Does the large number of wrongful convictions reduce ganization had been killed in 2016 in “a settling of accounts” your faith in the death penalty? within the mafia (Shingler, 2016a). The violence among mafia, outlaw motorcycle gangs such as the Hells Angels, and street gangs is not surprising to Quebec residents, who lived through a “biker war 20 years ORGANIZED CRIME AND CORRUPTION ago that caused 150 deaths” (Humphreys, 2016). This biker IN QUEBEC war took place between 1994 and 2002 and also claimed the lives of innocent bystanders, including an 11-year-old who While most of the provinces have struggled to control corrup- was killed when a Jeep exploded. After years of investigations, tion and organized crime, the prevalence of these acts appears 156 Hells Angels bikers were arrested in April 2009 and many to be highest in Quebec. Throughout 2015 and 2016 increased were sentenced to lengthy prison terms. On 30 August 2016, attention has been paid to corruption and organized crime in however, the sentences of 35 of these offenders were reduced the province because of the 2015 inquiry into corruption and by the Quebec Court of Appeal due to the failure of the pros- the growing number of violent offences associated with the ecutors to disclose information about the cases to the defence drug trade. Mulligan, Axford, and Solecki (2016, p. 5) report, lawyers that would have reduced the credibility of the pros- for example, that 73 per cent of gang-­related murders in large ecution’s key witness (Cherry, 2016). Cherry also notes that cities occurred in Montreal (20), (13), (12), murder charges against another five Hells Angels were stayed and (12). Moreover, there is the ongoing problem of in October 2015 for the same failure to properly disclose in- managing the smuggling of tobacco, alcohol, and firearms formation to the defence. from the United States. In 2016, for example, the SQ charged The Hells Angels appear to be making a comeback. several men in the Montreal area with illegally importing Laframboise (2016b) reports the gang is diversifying into two million kilograms of tobacco from the US for sale on the legitimate businesses such as vape shops and selling apparel. Six Nations Reserve in Ontario and the Kahnawake Reserve Moreover, they appear to be distancing themselves from near Montreal (Lau, 2016). front-line drug distribution and are now delegating those Organized crime has challenged law enforcement for cen- sales to smaller gangs (Laframboise, 2016b). turies, and the impacts of organized crime and corruption While the Hells Angels and mafia may get most of the affect all Canadians. The House of Commons Standing Com- attention from the media, a number of gangs are also engaged mittee on Justice and Human Rights (2009) noted that in crime on some First Nations reserves that straddle the US border (CBC, 2014). Smuggling tobacco and alcohol (which Organized crime poses a serious long-term threat to are taxed at low rates in the US) into Canada has become a Canada’s institutions, society, economy, and to our in- lucrative business and it is estimated that from 15 per cent dividual quality of life. . . . Organized crime groups to 33 per cent of tobacco sold in Canada has been illegally exploit opportunities around the country and create a imported (Daudelin, Soiffer, & Willows, 2013, p. 7). In four re- sophisticated trans-national network to facilitate crim- serves along the Ontario, Quebec, and US borders the ­illegal inal activities and challenge law enforcement efforts. importation of cigarettes as well as alcohol, drugs, firearms, and illegal immigrants has become a billion-dollar industry. The prevalence of gangs and organized crime seems to in- In addition to the shipment of tobacco across the border, Lee crease during economic downturns, and arrests of people (2016) reports that growing proportion of cigarettes in west- suspected of participating in organized crime are up. In ern Canada are contraband (e.g., the cigarettes were manu- November 2015, for example, 200 officers from the Montreal factured in Canada with untaxed tobacco), and he notes there

12 Exploring Criminal Justice in Quebec is a big incentive for buyers as the cost of untaxed cigarettes is And while these events occurred in Quebec, incidents of cor- $35 to $45 a carton while taxed cigarettes sell for up to $110. ruption occur throughout Canada. While the problem of losing tax revenue might not seem very serious, Laframboise (2016a) reports the losses to provincial Val-d’Or: Indigenous People and Their Trust and federal governments from smuggling tobacco are signifi- and Confidence in the Police cant. Between August 2014 and March 2016 these govern- ments lost $530 million in revenue. Calculated another way, if According to (2013), about 10 per cent of per- those taxes were used to fund the 204,849 full-time university sons who have an Aboriginal identity in Canada, or 141,915 per- students in Quebec in 2014, it would reduce their tuition by sons, lived in Quebec in 2011. Research consistently shows that $2,598 per year (enrolment information retrieved from Statis- Indigenous people have less trust and confidence insociety’s ­ tics Canada, 2015). institutions than non-Indigenous people. Cotter (2015, p. 6) The profits from smuggling also have attracted organ- analyzed the results of the 2014 General Social Survey and ized crime offenders such as the mafia, and Schneider (2009, found that the proportion of Indigenous people who expressed p. 363) wrote that an Ontario police official called the Mohawk having confidence in the justice system and courts was 43 per Nation at Akwesasne the “Klondike of organized crime.” In cent compared to 58 per cent for non-Indigenous people. Some March 2016, raids carried out by the Sûreté du Quebec re- of that lack of trust extends back to when the police rounded sulted in over 60 arrests of persons suspected of participat- up children being sent to residential schools (LeBeuf, 2011). ing in the smuggling of tobacco, drug trafficking, and money In some cases the justice system has failed Indigenous per- laundering in Canada and the United States. sons, victims of crime, and their families, while others (such When it comes to issues of organized crime we tend to as Donald Marshall) were wrongfully convicted. focus on the high-profile acts carried out by organizations Peritz (2016) reports that in 2015 dozens of Indigenous such as the mafia, Hells Angels, or Aboriginal gangs. Yet, women and men in Val-d’Or, a mining town 500 kilometres politicians, white-collar criminals, and business organiz- north of Montreal, alleged that they had been mistreated by ations also engage in crime and corruption. In some cases the local police or SQ officers. Some claim they had been -in organized crime is also involved with these legitimate en- timidated and sexually assaulted by the police while others terprises. The Charbonneau Commission, a four-year public say they were taken on “starlight tours” (whereby persons in inquiry in Quebec, investigated issues surrounding how police custody are taken by police and dropped off in rural construction contracts were awarded. The final report of areas where they have to walk home). The provincial govern- the Commission, released in November 2015, found that ment launched an investigation of some three dozen officers, “corruption and collusion are far more widespread than which was carried out by the Montreal police. That investiga- originally believed” and “that organized crime had indeed tion included communities outside of Val-d’Or and resulted infiltrated the [construction] industry” CBC( News, 2015). in the arrest of two retired police officers for sexual assaults The corruption was widespread among Quebec’s construc- occurring in the 1980s and 1990s. tion industry, public service, engineering firms, and political These assaults were alleged to have taken place in police parties (Patriquin, 2015). vehicles, in rural areas, and in police stations and date back The Commission found that contracts to construct or decades. One of the challenges investigators in this case faced repair public property were awarded after “gifts” or political was that memories fade after years, and many victims could donations were given to senior government officials and pol- not provide any information to substantiate their claims or iticians. Patriquin (2015) also notes that were unable to positively identify the officers who had victim- ized them. A common allegation was that “officers routinely Witnesses also revealed that the mafia had infiltrated picked up women who appeared to be intoxicated, drove Quebec’s construction industry. Cartels formed so as them out of town and left them to walk home in the cold. to prevent other companies from bidding on public Some allege they were physically assaulted or made to per- contracts. Construction company owners revealed form sex acts” (CBC, 2015). they were victims of threats, intimidation and assaults. According to Montpetit (2016b), six SQ officers were at the Certain members of organized crime attempted to centre of the investigation, but none of them were crimin- take control of legitimate companies so as to launder ally charged. Montpetit, however, reports that these officers dirty money derived from illegal activities. may still be subject to discipline by the SQ, and that may in- clude termination of their employment. The lack of action When widespread corruption such as this occurs the losers on the multiple claims of abuse and criminal behaviour will are the taxpayers who end up paying more for services. But erode the trust and confidence Indigenous people have with when we learn that our government institutions are cor- the police. Curtis (2016) asks the question: “Does the testi- rupt, it also erodes our faith and confidence in the system. mony of 12 Aboriginal women hold any weight in the eyes of

13 Exploring Criminal Justice in Quebec the law?” In response to concerns from Indigenous leaders, 90 80 an inquiry into policing in Northern Quebec was ordered. 80 76 76 76 Moreover, the SQ announced it was going to build a new 72 71 71 70 64 police station in Val-d’Or and add a number of Indigenous 60 60 officers to that police detachment in 2017 (Shingler, 2016b). 54 49 For more information, a documentary, produced by Radio-­ 50 48 47 41 Canada’s Enquête provides some background information on 40 the relationships between Indigenous people and the police 30 in northern Quebec and is available at http://www.cbc.ca/ 20 news/indigenous/investigation-into-val-d-or-now-available- in-english-1.3362534. 10 0 PERCEPTIONS OF QUEBEC’S Quebec All CMAs JUSTICE SYSTEM Saguenay Montreal Gatineau Sherbrooke (Canada) Trois-Rivières How the public feels about the police, the courts, and cor- rections is important for the smooth operations of the jus- Police Justice system/courts tice system. It has been observed that “perceptions of police FIGURE 10 Perceptions of the Police, Courts, and Justice System, Quebec CMAs performance can impact Canadians’ perceptions of police Source: Adapted from Cotter (2015). legitimacy, willingness to report crime, and levels of cooper- ation with police” (Cotter, 2015, p. 9). The public is becom- Figure 10 shows the results for the questions about con- ing more skeptical about the fairness and operations of the fidence in the police, courts, and justice system reported justice system, especially after witnessing police shootings for the largest cities in Quebec, and these results are com- of unarmed persons in the United States throughout 2015 pared with the average for all 34 census metropolitan areas and 2016. (CMAs) in Canada. Respondents from most Quebec CMAs As part of the 2014 GSS a number of questions about poli- have levels of confidence in the police similar to the average cing and the justice system were asked of the participants. for all of Canada, although respondents from Quebec City, ­Respondents were asked if they had a great deal of confidence, Trois-Rivières, and Montreal expressed lower confidence. or some confidence in policing and the justice system/courts, When it comes to confidence in the courts and justice system, and the provincial results are shown in Table 9. This table however, residents in all of these cities, with the exception ­reveals that Quebec residents had slightly less confidence of Gatineau residents, had less confidence in the courts and in the police than the national average (73 per cent of the justice system. Quebec participants had some or a great deal of confidence in the police whereas the national average was 76 per cent). SUMMARY When it comes to the justice system and the courts, the pro- portion of Quebec respondents with positive perceptions was The amount and seriousness of crime varies across the coun- tied with British Columbia for the lowest in all of Canada. try and this supplement shows that Quebec has among the lowest rates of property and violent crime in Canada. Those provincial averages, however, mask the fact that some places TABLE 9 Public Perceptions of the Police, Courts, and Justice System have very high rates of crime, and some people are at high

Province Police Justice System and Courts risk of being victimized. Although the province has a fairly Newfoundland and Labrador 83 56 low homicide rate, an increasing amount of violence is associ- Prince Edward Island 75 58 ated with gangs and organized crime. Moreover, while there Nova Scotia 77 57 is generally a lot of trust and confidence in the police and the New Brunswick 79 62 justice system, some Indigenous people have lost faith that Quebec 73 51 the system will treat them in a fair manner. Because every Ontario 77 64 province has different histories, population characteristics, Manitoba 77 51 levels of economic development, political values, and cul- Saskatchewan 79 58 tural beliefs, the crime control solutions will be different as Alberta 78 56 well. As a result, the personnel working in Quebec’s adult and British Columbia 74 51 youth justice systems may respond to antisocial behaviour Canada (All provinces) 76 57 and crime in a slightly different manner from what occurs in Source: Adapted from Cotter (2015). neighbouring provinces or territories.

14 Exploring Criminal Justice in Quebec

A report card on the operations of the justice system must be done to improve the system and inform Quebec developed by Perrin and Audas (2016) suggests that some residents about these successes. While the justice system will progress in the province is needed. What is surprising is that never eliminate crime, we can attempt to prevent crimes and despite Quebec having a low crime rate and the justice system protect those most at risk of victimization. Learning about being rated as functioning better than in most of Canada, the the differences in crime problems and how we respond to public has low confidence in the operations of the courts and them makes exploring criminal justice in Canada an inter- justice system (Cotter, 2015). This suggests that some work esting undertaking.

CANSIM Table 251-0024. (2016). Adult correc­ Cotter, A. (2015). Public confidence in Canadian REFERENCES tional services, sentenced custody admissions institutions. Ottawa: Statistics Canada. to provincial and territorial programs by Cotter, A., Greenland, J., & Karam, M. (2015). Allen, M. (2016). Police-reported crime statistics sex and sentence length ordered. Ottawa: Drug-related offences in Canada, 2013. Ottawa: in Canada, 2015. Ottawa: Canadian Centre for Statistics Canada Canadian Centre for Justice Statistics. Justice Statistics. CANSIM Table 252-0051. (2016). Incident-based Court of Appeal of Quebec. (2016). Statistics Alain, M., & Gregoire, M. (2008). Can ethics crime statistics, by detailed violations and and publications. Retrieved from http:// survive the shock of the job? Quebec’s police police services, Quebec. Ottawa: Statistics courdappelduquebec.ca/en/about-the-court/ recruits confront reality. Policing and Society, Canada. statistics-et-publications/ 18(2), 169–189. CANSIM Table 252-0053. (2016). Adult criminal Curtis, C. (2013). Residents of Quebec First Nation Allen, M., & Perreault, S. (2015). Police-reported courts, number of cases by decision. Ottawa: don’t want an outside police force any more. crime in Canada’s provincial north and Statistics Canada. Montreal Gazette. Retrieved from https:// territories. Ottawa: Canadian Centre for CANSIM Table 252-0055. (2016). Adult criminal warriorpublications.wordpress.com/2013/08/09/ Justice Statistics. courts, cases by median elapsed time in days. residents-of-quebec-first-nation-dont-want-an- Allen, M. K., & Superle, T. (2016). Youth crime in Ottawa: Statistics Canada. outside-police-force-any-more/ Canada, 2014. Ottawa: Canadian Centre for CANSIM Table 252-0076. (2016). Incident-based Curtis, C. (2016a). Funding squabble keeps Justice Statistics. crime statistics, by detailed violations and 22 Opticiwan police officers off the job. Angus Reid. (2013). Three-in-five Canadians police services, Quebec. Ottawa: Statistics Montreal Gazette. Retrieved from http:// would bring back death penalty. Retrieved Canada. montrealgazette.com/news/opitciwan-police from http://angusreidglobal.com/wpcontent/ CBC. (2014). Tobacco smuggling between Canada– Curtis, C. (2016b). Funding obstacles plague uploads/2013/03/2013.03.20_Death_CAN U.S. results in 25 arrests. CBC News. Retrieved police officers in remote First Nations regions. .pdf from http://www.cbc.ca/news/canada/montreal/ Montreal Gazette. Retrieved from http:// Auditor General of Canada. (2014). First nations tobacco-smuggling-between-canada-u-s- montrealgazette.com/news/demand-outpaces- policing program, Public Safety Canada. results-in-25-arrests-1.2626719 funding-on-quebecs-first-nation-reserves Ottawa: Author. CBC. (2015a). Charbonneau commission finds Curtis, C. (2016c). For Quebec’s aboriginal police, the Banerjee, S. (2011). Wrongful conviction leads corruption widespread in Quebec’s construc­ pay is no match for the danger, critics say. Montreal to record compensation award. tion sector. CBC News. Retrieved from Gazette. Retrieved from http://montrealgazette Free Press. Retrieved from http://www http://www.cbc.ca/news/canada/montreal/ .com/news/local-news/aboriginal-policing-3 .winnipegfreepress.com/canada/wrongful- charbonneau-corruption-inquiry-findings- Daudelin, J., Soiffer, S., & Williams, J. (2013). conviction-leads-to-record-compensation- released-1.3331577 Border integrity: Illicit tobacco and Canada’s award-119902954.html CBC. (2015b). A case of a missing indigenous woman security. Ottawa: Macdonald-Laurier Institute. Beeby, D. (2011). Only one in six convicted in grow-op in Val d’Or, Quebec, led to another shocking Ecole nationale de police du Québec (2015). cases goes to jail, study finds. Globe and Mail. story. CBC News. Re­trieved from http://www Admission guide for the police cadet. Nicolet, Retrieved from http://www.theglobeandmail. .cbc.ca/news/indigenous/investigation-into- QC: Author. com/news/politics/only-one-in-six-convicted- Val-d’Or-now-available-in-english-1.3362534 Federal/Provincial/Territorial Heads of Prosecu­ in-grow-op-cases-goes-to-jail-study-finds/ Cherry, P. (2014). Nine arrested in Laurentians as tions Committee. (2011). The Path to Justice: article558774/ police bust alleged drug ring with ties to Hells Preventing Wrongful Convictions. Retrieved Brassard, R., Montminy, L., Bergeron, A., & Angels. Montreal Gazette. Retrieved from from http://www.ppsc-sppc.gc.ca/eng/pub/ptj- Sosa-Sanchez, I. A. (2015). Application of http://montrealgazette.com/news/local-news/ spj/ptj-spj-eng.pdf intersectional analysis to data on domestic nine-arrested-in-laurentians-as-police-bust- Globe and Mail. (2004). Quebec Canada’s pot hot violence against Aboriginal women living drug-ring-tied-to-hells-angels spot. Globe and Mail. Retrieved from http:// in remote communities in the province of Cherry, P. (2016). Court cuts jail time for 35 www.theglobeandmail.com/news/national/ Quebec. Aboriginal Policy Studies, 4(1), 3–23. Hells Angels, a blow to Quebec’s biggest ever quebec--pot-hot-spot/article1141910/ Canadian Centre for Justice Statistics. (2016). criminal case against the gang. National Post. Government of Quebec. (2015). Ecole nationale Family violence in Canada: A statistical profile, Retrieved from http://news.nationalpost.com/ de police. Retrieved from http://www.enpq 2014. Ottawa: Author. news/canada/court-cuts-jail-time-for-35- .qc.ca/en/nc.html CANSIM Table 251-0005. (2016). Adult correc­ hells-angels-a-blow-to-quebecs-biggest-ever- Hamilton, G. (2016). Jury convicts men who tional services, average counts of adults in criminal-case-against-the-gang drained 3,000 tonnes—or $18.7M worth— provincial and territorial programs. Ottawa: Chief Public Health Officer of Canada. (2016). A of maple syrup from Quebec warehouse. Statistics Canada. focus on family violence in Canada. Ottawa: National Post. Retrieved from http://news CANSIM Table 251-0008. (2016). Youth correc­ Public Health Agency of Canada. .nationalpost.com/news/jury-convicts-men- tional services, average counts of youth in Community Safety and Countering Crime Branch, who-drained-3000-tonnes-or-18-7m-worth- provincial and territorial programs. Ottawa: Research Division. (2016). Tyler’s troubled life. of-maple-syrup-from-quebec-warehouse Statistics Canada. Retrieved from https://www.publicsafety.gc.ca/ House of Commons Standing Committee on CANSIM Table 251-0018. (2016). Adult correc­ cnt/rsrcs/pblctns/2016-s005/index-en.aspx Justice and Human Rights. (2009). The state tional services, operating expenditures for Correctional Service of Canada. (2014). Ontario of organized crime in Canada. Retrieved from provincial, territorial and federal programs. region. Retrieved from http://www.csc-scc http://www.parl.gc.ca/HousePublications/ Ottawa: Statistics Canada. .gc.ca/institutions/001002-3000-eng.shtml Publication.aspx?DocId=5462995&File=39

15 Exploring Criminal Justice in Quebec

Humphreys, A. (2016). Montreal cops make Mazowita, B., & Greenland, J. (2016). Police Reitano, J. (2016). Adult correctional statistics in 48 arrests—including Rizzuto son—after resources in Canada, 2016. Ottawa: Canadian Canada, 2014/2015. Ottawa: Canadian Centre massive organized crime sweep. National Centre for Justice Statistics. for Justice Statistics. Post. Retrieved from http://news.nationalpost Miladinovic, Z., & Mulligan, L. (2015). Homicide Rogers, S. (2016). Nunavik police get more .com/news/canada/rizzuto-son-reportedly- in Canada, 2014. Ottawa: Canadian Centre for weapons calls; illegal alcohol seizures arrested-as-more-than-200-police-officers- Justice Statistics. fall. Nunatsiaq Online. Retrieved from swarm-organized-crime-targets-in-Montreal Montpetit, J. (2016a). Reputed ringleader in http://www.nunatsiaqonline.ca/stories/ Innocence Canada. (2016). Current cases. $18.7M maple syrup heist found guilty. CBC article/65674calls_to_nunavik_police_ Retrieved from https://www.aidwyc.org/cases/ News. Retrieved from http://www.cbc.ca/ involving_weapons_up_amount_of_illegal_ current/ news/canada/montreal/maple-syrup-heist- alcohol/ Justice Québec. (2016a). The court system. quebec-canada-guilty-1.3848431 Ruddell, R. (2017). Policing rural Canada: Police, Retrieved from http://www.justice.gouv.qc.ca/ Montpetit, J. (2016b). What’s next for the partners, and public safety. Whitby, ON: de english/publications/generale/systeme-a Indigenous women of Val-d’or? CBC News. Sitter Publications. .htm#criminelle Retrieved from http://www.cbc.ca/news/ Schneider, S. (2009). Iced: The story of organized Justice Québec. (2016b). Cour du Québec. canada/montreal/val-dor-indigenous- crime in Canada. Mississauga, ON: J. Wiley Retrieved from http://www.tribunaux.qc.ca/c- women-1.3858658 and Sons. quebec/index-cq.html Montreal Gazette. (2016). Quebec judge Shingler, B. (2016a). Reputed associate of ex- Laframboise, K. (2016a). SQ targets contraband convicted of murder seeks bail pending Mafia boss Vito Rizzuto killed in “settling tobacco, money laundering in raids. CBC federal review of conviction. Retrieved of accounts.” CBC News. Retrieved from News. Retrieved from http://www.cbc.ca/news/ from http://montrealgazette.com/news/ http://www.cbc.ca/news/canada/montreal/ canada/montreal/quebec-raids-contraband- quebec/quebec-judge-convicted-of-murder- montreal-mafia-vincenzo-spagnolo- tobacco-operation-international-1.3511876 seeks-bail-pending-federal-review-of- 1.3807439 Laframboise, K. (2016b). Hells Angels recovering, conviction Shingler, B. (2016b). Indigenous police officers growing stronger in Quebec, crime experts Mulligan, L., Axford, M., & Solecki, A. (2016). added in Val-d’Or in wake of abuse allegations. say. CBC News. Retrieved from http://www Homicide in Canada, 2016. Ottawa: Canadian CBC News. Retrieved from http://www.cbc.ca/ .cbc.ca/news/canada/montreal/hells-angels- Centre for Justice Statistics. news/canada/montreal/val-dor-surete-du- resurgence-montreal-quebec-2016-1.3766279 Patriquin, M. (2015). No one can deny it now: quebec-indigenous-1.3863554 Lau, R. (2015). Police raids across Montreal target Quebec is facing a corruption crisis. Maclean’s. Smith, R., & McElwee, G. (2013). Confronting organized crime. Global News. Retrieved from Retrieved from http://www.macleans social constructions of rural criminality: A http://globalnews.ca/news/2349542/police- .ca/news/canada/quebecs-now-undeniable-­ case story on “illegal pluriactivity” in the raids-across-montreal-target-organized- corrup­tion-crisis/ farming community. Sociologia Ruralis, 53(1), crime/ Peritz, I. (2016). Aboriginal women “feel 113–118. Lau, R. (2016). Quebec, U.S. police, RCMP bust anger” no charges laid against Val-d’Or Statistics Canada. (2011). Population, urban drug, illegal tobacco ring with ties to bikers, officers. Globe and Mail. Retrieved from and rural, by province and (Quebec). reserves. Global News. Retrieved from http:// http://www.theglobeandmail.com/news/ Retrieved from http://www.statcan.gc.ca/ globalnews.ca/news/2607530/quebec-u-s- national/two-retired-quebec-police-officers- tables-tableaux/sum-som/l01/cst01/demo62f- police-rcmp-bust-drug-illegal-tobacco-ring- charged-after-val-dor-assault-investigations/ eng.htm with-ties-to-bikers-reserves/ article32928990/ Statistics Canada. (2013). Aboriginal peoples in Lee, J. (2016). Study finds almost half of discarded Quebec Ombudsman. (2016a). Annual report, Canada: First Nations people, Métis and Inuit. cigarette butts at UBC are contraband. 2015–2016. Quebec City: Author. Ottawa: Author. Vancouver Sun. Retrieved from http:// Quebec Ombudsman. (2016b). Detention Statistics Canada. (2015). Postsecondary vancouversun.com/news/local-news/study- conditions, administration of justice and crime enrolments by institution type, registration finds-almost-half-of-discarded-cigarettes- prevention in Nunavik. Quebec City: Author. status, province and sex. Retrieved from butts-at-ubc-are-contraband Rakobowchuk, P., & Panetta, A. (2012). Maple http://www.statcan.gc.ca/tables-tableaux/ Lupton, A. (2016). “No justice” for accused, syrup heist: Quebec police arrest three sum-som/l01/cst01/educ71a-eng.htm victims when court cases tossed by delay, over massive warehouse theft.Toronto Star. Valiante, G. (2016). Thieves steal $150,000 worth lawyer says. CBC News. Retrieved from http:// Retrieved from http://www.thestar.com/ of maple syrup from Montreal cargo yard. www.cbc.ca/news/canada/toronto/programs/ news/canada/2012/12/18/maple_syrup_heist_ Toronto Star. Retrieved from https://www metromorning/court-delays-1.3861774 quebec_police_arrest_three_over_massive_ .thestar.com/news/canada/2016/08/12/ Makuch, B. (2013). Ontario marijuana: Flying warehouse_theft.html thieves-steal-150000-worth-of-maple-syrup- fan-man may pirate harvests, police warn. Reevely, D. (2016). Reevely: Ontario’s freakishly from-montreal-cargo-yard.html Huffington Post Canada. Retrieved from http:// high rate of dropped criminal charges www.huffingtonpost.ca/2013/09/11/ontario- makes our jail overcrowding worse. Ottawa marijuana-flying-fan-man_n_3907261.html Citizen. Retrieved from http://ottawacitizen. Cases Cited Mandryk, M. (2016). Rural crime an issue most com/opinion/columnists/reevely-ontarios- Hinse v. Canada (Attorney General) 2015 SCC 35. don’t understand. LFPress. Retrieved from freakishly-high-rate-of-dropped-criminal- Proulx v. Quebec (Attorney General) [2001] 3 http://www.lfpress.com/2016/09/25/rural- charges-makes-our-jail-overcrowding- S.C.R. crime-an-issue-most-dont-understand worse R. v. Rejean Hinse [1997] 1.S.C.R.

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