ACTUALITÉ / NEWS
Justice can still work on a tight budget
gregg.chamberlain@eap.on.ca Wendover
governments are responsible for monito- ring and dealing with suspected “ponzi” operations. In the United States, ponzi schemes often come under the jurisdiction of the Securities Exchange Commission because they may involve the buying and selling of fraudulent stock. “Fraud is fraud,” said Nicholson, “and while I don’t comment on any specific case, we have seen an increase in cases of fraud in this country, including white- collar crime, and we have responded to that with our Bill on white-collar crime, to have increased penalties for people involved in taking other people’s money by fraudulent means. But the investigation of these schemes is within provincial jurisdiction. The policing and, for the most part, the administration of justice is within provincial jurisdiction. But we all have a role to play. “We’ve had legislation in the last cou- ple years onwhite-collar crime. It becomes, among other things, more victim-friendly. "We actually put an application right into the Act to assist people who become victims of these individuals who have, one way or another, taken their money. So we try to assist at that level to make it a little easier for them to have their matters heard, because these things cause a great deal of pain for people. "Many times it’s not just the amount of money, it’s what that money means to the individual. Many times it can be life- savings, and to have that fraudulently taken away concerns us all. We will conti- nue to do our part at the federal level.” Nicholson noted that the rise of cyber- crime demands that both his ministry, and the Public Safety Ministry of Vic Toews, keep revising the Criminal Code so that it remains in touch with the 21 st century. He referred to recent legislation that Toews has introduced, giving police greater powerformonitoringtheWorldWideWeb and collecting information from Internet service providers for criminal investiga- tions into pornography and other matters. The legislation has become a source of controversyovertheissueofprivacyrights. “The Criminal Code is stuck in 1950s technology, and the criminals have moved beyond just telephoning each other,” Ni- cholson said. “They have given up sending telegrams to each other. The criminal has taken advantage of all the new technolo- gies, and the Bill that he (Toews) has before parliament - and that has gained quite a bit of publicity in the last couple of weeks - addresses that.” He observed that the twin problems of criminal Internet use, and the social responsibility of the Web industry sector, are not new to his ministry. “But we have this problem all the time. I met a number of years ago, for instance, with Internet service providers (ISPs), and I indicated to them that we all have a stake in doing something about child pornography. They quite correctly pointed out to me that many of them realize they have a ‘moral obligation’ to turn over evidence of child pornography. “I told them, ‘With respect, you have to have more than a moral responsibility. You’re going to have to have a legal responsibility.’ One of the Bills that we enacted last year requires now ISPs to turn over evidence that comes to their attention, or information that comes to their atten- tion, about child pornography.” Keeping up with criminals now and in the future, Nicholson noted, requires cons- tant vigilance. “It’s trying to be up-to-date with what’s happening in the world of technology,” he said. “The Criminal Code has to be continuously updated because crime becomes more sophisticated, and the Criminal Code has to keep up with it.”
will be able to do that, and I trust that Canadians, when they have a look at the budget,theywillsayit’sfair,it’sreasonable, it’s what the country needs.” But the attorney-general does not see a restraint budget as proving any obstacle to
operation–butthatbeingsaid,ourpriorities will continue. We are very supportive of victims – through the Victims Fund, our strategies with respect to encouraging young people to stay away from drugs, crime prevention, and these will continue. I am supportive of those. They are part of the process.” The minister cited past legislative ef- forts to include more consideration of victim’s rights in dealing with fraud and other “white-collar” crimes. That includes efforts to get the courts to consider the effect on victims of “ponzi” type fraud schemes which have claimed the life savings of many seniors and others on fixed incomes in Eastern Ontario and Western Québec during the past few years. The problem for many victims of ponzi schemes in the past in Canada is confusion over whether the provincial or federal
The federal budget has yet to hit the tables at Parliament but talk of restraint on The Hill should not slow down the wheels of justice. That is the view of Canada’s Attorney-General and Justice Minister Rob Nicholson. “We are all under an obligation to make sure the taxpayers’ dollars are spent well, and that we cut back on anything extra,” said Nicholson, during a Feb. 3 interview while attending the annual Spring Gala of Glengarry-Prescott-Russell MP Pierre Lemieux. “And so we all have a responsibility at this time with trying to assist with meeting the federal financial commitments. So my colleague, Jim Flaherty (finance minister), has a huge responsibility in managing that, but I have every confidence that he
his own ministry’s goals of working with the Public Safety Ministry in maintaining the goals of Canada’s criminal justice system. “For the most part, most of the ad- ministration of justice is within pro- vincial jurisdiction – the maintenance of courts and the
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