Who Killed Lynne Harper?

I see a Blogging Tory has picked up on the fact that Steven Truscott was not declared innocent. He was acquitted of a crime, which means he is 'not guilty'. Hello.

You cannot be declared innocent under Canadian law because well you are innocent, until proven guilty. Once proven guilty you can only be 'acquitted'. Is that so hard to understand?

You can however be declared 'innocent' by the court, however that cannot be done in an appeal case. It requires a new court case.

Though the court concluded that Truscott's conviction was a "miscarriage of justice," they fell short of declaring him factually innocent. Lockyer said without DNA evidence available to clear him once and for all, the declaration of complete innocence is impossible.

Of course the Blogging Tories are the same folks who considered Maher Arar a terrorist even after he was found to have been framed up by the RCMP and CSIS.

And like the Arar case they are all upset over the idea that a man wrongfully jailed may be entitled to compensation.

The judge mulling Steven Truscott’s right to compensation says the issue turns on the fact Truscott was not declared innocent.

In this case the bleeding heart Tory is sympathetic to the Harper family who believes in their heart of hearts that Truscott is guilty. Of course Lynne's father believes that, he has too. His world shattered the day his daughter died.

Like a lot of other folks he was stationed at the military base in the town.

At the time of Lynne's killing, the Harpers had only been living at RCAF Clinton, a base in southwestern Ontario, for about two years. Mr. Harper was a flight lieutenant. His wife, Shirley, stayed home to care for their three children, Lynne, 12, Barry, who was in Grade 10, and Jeffrey, who was only four years old when Lynne's body was found in Lawson's Bush.

And he would have known this guy who may have been the real killer.

A convicted pedophile stationed at the RCAF base at Clinton at the time of Lynne Harper's death. The OPP learned about him in 1997 after being contacted by a retired London, Ont., police detective, who felt the man was capable of murdering a child.

The man had pleaded guilty to sexual offences and possession of child pornography in the late 1980s. When police searched his house in connection with those offences, they found an eight-volume transcript of Truscott's hearing before the Supreme Court of Canada in 1966-67.

An airman who had been stationed at Clinton prior to 1959. He was stationed at Aylmer at the time of the murder, but had a home in Seaforth, close to the base, which he visited frequently.

He was identified by CBC's the fifth estate as Sgt. Alexander Kalichuk, who died in 1975.

MACINTYRE: In the 1950's Clinton was a military base … home and workplace for thousands of airmen …among them, at least one troubled individual whose medical files should have flagged him as a suspect.

Two years ago the fifth estate, assisted by the National Archives in Ottawa, retrieved a 900 page dossier on an acquaintance of the Harper family, once stationed at Clinton … a sexual predator with an unhealthy interest in young girls.
His name was Alexander Kalichuk.

Sgt. Kalichuk was a troubled man, a heavy drinker with a history of sexual offenses. He lived in this farmhouse with his wife and three children ... less than a 20 minute drive from the Clinton base. He worked as a supply technician there until 1957... He transferred to another base, in Aylmer, about a one hour drive away ... but made frequent trips back to Clinton ... where Lynn Harper's father was the senior supply officer.

Kalichuk's record of sex offenses went back at least a decade. In 1950 he had two convictions for indecent exposure in Trenton, where he was stationed.

About three weeks before Lynne Harper's murder he stalked three young girls on a country road outside St. Thomas. When two of them had gone home, he tried to lure the third into his car. Nancy Knowles … now Nancy Davidson …was 10 years old.

Today she remembers how the car followed at a distance until she was alone.

DAVIDSON: He asked me if I would come around and get in the car because he wanted me to pick out the prettiest present and I said, No. And then he pulled out - he had this brown paper bag and he pulled out this underwear.

MACINTYRE: Little kid's underwear.

DAVIDSON: Yeah, yeah.

MACINTYRE: And what did he want?

DAVIDSON: He wanted me to pick out the prettiest pair of underwear. He had a bottle between his legs. His eyes were bulgy and he had that glassy look and there were dark circles and I knew he was drinking and I just wanted to get away.

MACINTYRE: Kalichuk was caught and charged and appeared in Elgin County court a week later.

In spite of his prior convictions, the judge released him with a warning.
Three weeks after Lynne Harper's murder, Kalichuk entered a psychiatric hospital. According to records he was suffering from anxiety, depression and guilt.

Kalichuk was released but apparently far from cured. A heavily censored confidential military memo about "Sgt Kalichuk's aberrations" warned cryptically that when he was later posted at a base near Clinton, ongoing incidents were serious enough to get into the local paper.

In fact, police were warning about the activities of an unidentified molester who was preying on young girls from a car ... through all of which, Sgt. Kalichuk managed to avoid particular attention as a suspect ....in those incidents ... and, most significantly of all, in the murder of 12-year old Lynn Harper.

Kalichuk spent the rest of his life in and out of psychiatric hospitals and died in 1975 from alcoholism.

JULIAN SHER: Alexander Kalichuk is really just the worst example of a long list of potential suspects ignored that showed that the military and the police really were not interested in a serious investigation into who killed Lynn Harper.

The producer of the fifth estate documentary on Truscott two years ago continued to investigate the case independently … and has now written a book: Until You are Dead. Julian Sher.

SHER: In any rape case it would be normal for the police to investigate likely suspects in the area, people with a history of, of rape convictions, sexual deviants. In this case police didn't do that. Within 24 hours they focused on Steven. We uncovered names of people the police could have looked at. There was a man doing electrical repair work on the base who knew the Harper's who, according to one member of his family, said after Lynn Harper's murder, She had it coming to her. He had a rape conviction several years prior to the murder. He was never looked at. There was a lifeguard on the base and Lynn Harper was a very active swimmer who, according to members of his family, continued to engage in forms of sexual abuse and assault throughout the '60s and always was very nervous about the Harper case. He was never investigated by police. There were other men around the area who had known convictions and the police clearly didn't do their basic homework.

A new investigation into the case is needed since this was clearly a 'miscarriage of justice'. Now it is a case of actually finding Truscott innocent that would require a new police investigation.

Ontario Provincial Police Commissioner Julian Fantino is not ruling out a renewed search for Lynne Harper's real killer, but he admits his officers would face "major hurdles" in trying to solve the murder for which Steven Truscott was wrongly convicted in 1959.

But the likelihood of that happening is moot.

"The trail has gone cold," Sher said. "A lot of these people are dead. I think that unlike the cold cases on TV, this case is going to stay cold because there was never a serious investigation back in 1959."

The point remains that this was a case of a miscarriage of justice from the start,and the result could have meant the hanging of a 14 year old Steven Truscott.

In 1959, Truscott, then 14 years old, was sentenced to hang for the rape and murder of 12-year-old Lynne Harper. The case was a spectacle from the start, as Truscott became Canada's youngest death row inmate, spending 31/2 months in a "death cell" before his sentence was commuted to life in prison.

And it appears that part of the problem was an over zealous cop who decided not to investigate further since he had his boy. Unfortunately this is a common practice that has led to other innocents being railroaded for crimes they did not commit.

Pathologist's kin supports ruling

The pathologist's original conclusions allowed for a time of death much later than 7:45 p.m. -- perhaps even the next day,when Truscott was in school and therefore couldn't have committed the crime.

In October 2004, Julia Penistan told the Stratford Beacon-Herald she thought Truscott's conviction should be overturned and she believed her father faced pressure to support the police theory that Truscott was the murderer.

MACINTYRE: The lead investigator in the Harper murder case was a senior Ontario Provincial Police officer from Toronto … Inspector Harold Graham.
His quick disposition of the case and the conviction of Steven Truscott made Graham a legend among Ontario policemen and, before he retired, he'd become the OPP commissioner.

Graham died recently … adamantly rejecting our requests to discuss his biggest bust.

But at least one of his colleagues harboured serious misgivings. He was Corporal John Erskine …one of the three lead officers in the Harper murder investigation.

HARRIS: Well, he was a perfectionist in everything he did. Like it had to be done right or it wouldn't be done at all.

MACINTYRE: Dee Harris is Corporal Erskine's widow and she remembers how he became increasingly distressed by the case.

HARRIS: Oh not right at the start. It was later on in the investigation. He said at that time after he had looked at different fact that he said, I'm sure he's not guilty.

MACINTYRE: But the boss … Inspector Graham … had his mind made up, so the corporal kept his opinion to himself … His widow is still troubled by it.

HARRIS: All the police officers would come back to our house. I know Graham definitely felt he was guilty. He was convinced right at the start. The first day pretty well. You can't decide an investigation in the first day whether they're guilty or not guilty. You don't have enough facts to go on.

MACINTYRE: But after the first day of the Harper murder investigation Inspector Graham clearly believed he had his murderer … even though he originally thought the murder probably happened at 9 o'clock … when Truscott was home watching television.

MACINTYRE: That crucial detail quickly changed. As the police and prosecution prepared their case against their prime suspect in the fall of 1959.

Documents recently uncovered suggest that they suppressed crucial evidence supporting Truscott's claim of innocence.

There was a statement by a nine year-old girl, in clear and accurate detail, that Steven and Lynne crossed the bridge on his bike just as he and two other boys said he did. Neither the defense nor the jury ever saw that statement.

Mrs. Harper testified that is was unlikely that Lynn would ever hitch-hike. But according to three police reports, that's exactly what she and her husband first suspected when Lynn went missing. Neither defense nor jury ever saw those reports.

If there was one piece of evidence that sealed Steven Truscott's fate it was the report by the pathologist, Dr. Penistan, that she died shortly before eight o'clock in the evening of June ninth, 1959. But Dr. Penistan changed his mind about that seven years later … after what he called "an agonizing reappraisal".

He told Harold Graham … by then the assistant OPP commissioner … that Lynne Harper's death could have been at any time in a 48 hour period. Significantly, this was in May of 1966 … just as the Supreme Court of Canada was about to review the Truscott case … It might have been a bombshell … if the justices had known about it. But somebody struck Penistan's name from the list of prospective witnesses before the hearing started.

In the end Justice has been served. The Truscott case opened the debate on capital punishment in Canada, and for fifty years stood as the example of the horror of state murder of someone who could be innocent.

We've come a long way from the good old days when hanging anyone - let alone a teenager - was an acceptable form of justice. Each time we hear of a murder conviction overturned we give thanks that Canadian lawmakers rejected the state's role as executioner. Each time a conviction is overturned we become more determined that our prison system is one that protects the public, but also treats its inmates with some dignity.

Amen.

Ironically it was a Conservative government which commuted Truscott's death sentence.

The Conservative government under then prime minister John Diefenbaker commutes Truscott's sentence to life in prison.

Our New Conservative government would not be so forgiving given their rhetorical fixation on Law and Order and punishing Young Offenders as Adults. After all Harper ain't no Dief the Chief.


SEE:

Say No To Capital Punishment

Why I Oppose Capital Punishment

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Say No To Capital Punishment

Two little words this morning prove why Capital Punishment, murder by the state , is never justified.

Steven Truscott.

For fifty years he awaited justice, while the justice system failed him and Lynne Harper the victim of a brutal rape murder. This morning the Ontario Court of Appeal acquitted him.

Acquittal, but not innocence, likely for Truscott

Sentenced to death in 1959 for the murder of a 12-year-old, there is no avenue for the Canadian legal system to declare him innocent

The real sexual predator who brutally raped and murdered Lyn escaped justice, while Truscott suffered from a justice system that saw him as their best bet for conviction and would not be deterred by facts to the contrary.

Fifty years, the life of a man, to appeal an injustice, resulted finally in justice being served. Truscott is an excellent case for why capital punishment is never justified, it is an irreversible judgment.

No other crime in Canada has divided public opinion as much as the tragic story of the June 9, 1959, murder of 12-year-old Lynne Harper, for which Truscott, then 14, was ultimately convicted. He was the youngest person ever sentenced to death in Canada (his death sentence was later commuted to life imprisonment). Still protesting his innocence, he began serving his sentence. His appeal to the Ontario Court of Appeal was dismissed. Leave to appeal to the Supreme Court of Canada was denied.

Public opinion ran passionately in favour of his guilt. Pierre Berton had written a sympathetic verse in this very paper a week after the trial and later said he had never known a more violent response to any column he had ever written.

He was called "a sob sister for a monster" and callers expressed the hope that his own daughter would soon be raped. Yet, seven years later, the tide of opinion shifted spectacularly.

The public came to believe that Steven's trial suffered from serious deficiencies, questionable expert testimony and unfairness to the accused. The case was discussed everywhere, including the House of Commons. All because of Isabel LeBourdais, who had published The Trial of Steven Truscott in March 1966. The book was a passionate, emotional defence of Steven Truscott and a scathing denunciation of his trial. She was named woman of the year by The Canadian Press.

Isabel LeBourdais, whose book raised questions about the Truscott investigation, talks with Steven Truscott in 1968 outside Collins Bay Penitentiary.

The doubts raised by the book and the language in which these doubts were framed struck a nerve deep in the Canadian consciousness. As a result of the book, the minister of justice, for the first time in Canadian history, directed a reference to the Supreme Court of Canada as to the propriety of the conviction. It is also the first time in which that court heard live testimony.

The Supreme Court affirmed the conviction on May 4, 1967, but doubts remained. Justice Emmett Hall, one of the most eminent judges of the court, wrote a powerful, passionate and stinging dissent and would have directed a new trial. He sharply criticized the conduct of the Crown. An already inflamed public, he said, was further inflamed by the Crown's improper suggestions and the trial judge's improper charge to the jury. Many Canadians believed that of the nine judges on the Supreme Court, only Justice Hall got it right.

Because of the Truscott Case capital punishment in Canada was reconsidered and eventually removed from the criminal code.

Canada banned the death penalty because of fears about wrongful convictions, concerns about the state taking the lives of individuals, and uncertainty about the death penalty's role as a deterrent for crime.

The case of Steven Truscott, who was just 14 years old when convicted of a murder that many continue to believe he did not commit, was a significant impetus (although certainly not the only one) toward the abolishment of capital punishment.

The return to having Capital Punishment in the criminal code is a platform from the old Reform Party that is the base of the Harper Conservatives. And it came up in the Conservative Leadership race.

Tony Clement declared that he believes that capital punishment should be an option for extreme cases. "My personal view is that in the case of serial killers and murderers of police officers, for instance, that it would be appropriate in those circumstances". -- Tony Clement

This decision should bury that forever. But if it doesn't then my reply to the Law and Order right wingers who endlessly lobby for state murder, will forever remain two little words; Steven Truscott.

The first private bill calling for abolition of the death penalty was introduced in 1914. In 1954, rape was removed from capital offenses. In 1956, a parliamentary committee recommended exempting juvenile offenders from the death penalty, providing expert counsel at all stages of the proceedings and the institution of mandatory appeals in capital cases.

Between 1954 and 1963, a private member's bill was introduced in each parliamentary session calling for abolition of the death penalty. The first major debate on the issue took place in the House of Commons in 1966. Following a lengthy and emotional debate, the government introduced and passed Bill C-168, which limited capital murder to the killing of on-duty police officers and prison guards.

Contrary to predictions by death penalty supporters, the homicide rate in Canada did not increase after abolition in 1976. In fact, the Canadian murder rate declined slightly the following year (from 2.8 per 100,000 to 2.7). Over the next 20 years the homicide rate fluctuated (between 2.2 and 2.8 per 100,000), but the general trend was clearly downwards. It reached a 30-year low in 1995 (1.98) -- the fourth consecutive year-to-year decrease and a full one-third lower than in the year before abolition. In 1998, the homicide rate dipped below 1.9 per 100,000, the lowest rate since the 1960s.

The overall conviction rate for first-degree murder doubled in the decade following abolition (from under 10% to approximately 20%), suggesting that Canadian juries are more willing to convict for murder now that they are not compelled to make life-and-death decisions.

All of Canada's national political parties formally oppose the reintroduction of the death penalty, with the exception of the Reform Party which supports a binding national referendum on the issue.

The debate over capital punishment was renewed once again in 1984. There was a free vote in the House of Commons on the topic in 1987. Supporters of capital punishment narrowly lost the vote, 148 to 127. The Bill to reintroduce capital punishment came from Conservative backbencher Gordon Taylor. Taylor initially introduced the Bill to reinstate capital punishment for Clifford Olson in 1986 but the Speaker of the House refused the Bill, as a law cannot be passed relating to a specific person. Taylor therefore changed the Bill to cover all those convicted of first degree murder and mass murders. In the end though, the Bill was not successful.

The debate concerning capital punishment is far from over, and it is an issue that is not likely to end in the near future. For now though, the debate seems to be dormant. Yet at a time when Canadians are demanding that criminals be held accountable for their actions and that justice be put back into the justice system, it is not likely that the call for the reinstatement of capital punishment will ever go away. Poll after poll shows that Canadians support the use of capital punishment in certain circumstances, but the political will is simply not there. The recent acts of terrorism in the United States might spur a renewed call for capital punishment, even if only for terrorist murders.

In 1976, capital punishment was removed from Canada's Criminal Code. After years of debate, Parliament decided that capital punishment was not an appropriate penalty. The reasons for this decision were due to the possibility of wrongful convictions, concerns about the state taking the lives of individuals, and uncertainty as to the effectiveness of the death penalty as a deterrent.

• In 1961, legislation was passed which reclassified murder into capital and non-capital offences. Capital murder referred to planned or deliberate murder, murder that occurred during the course of other violent crimes, or the murder of a police officer or prison guard. At this time, only capital murder was punishable by death.
• On December 10, 1962, Arthur Lucas and Robert Turpin were the last people to be executed in Canada.
• In 1967, a bill was passed that placed a moratorium on the use of the death penalty, except in cases involving the murder of a police officer or corrections officer.
• On July 14, 1976, with the exception of certain offences under the National Defence Act, the death penalty was abolished in Canada. The bill, C-84, passed by a narrow margin on a free vote.
• In 1987, a free vote regarding the reinstatement of the death penalty was held in the House of Commons. The result of the vote was in favour of maintaining the abolition of the death penalty, 148 to127.
• In 1998, Parliament removed the death penalty with the passing of An Act to Amend the National Defence Act and to make consequential amendments to other Acts, S.C. 1998 c. 35.
• In Canada, the abolition of the death penalty is considered to be a principle of fundamental justice. Canada has played a key role in denouncing the use of capital punishment at the international level.
• The Supreme Court of Canada has held that prior to extraditing an individual for a capital crime, Canada must seek assurances, save in exceptional circumstances from the requesting state that the death penalty will not be applied.

SEE:

Saddam and the CIA

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Torture Porn

I see that the MSM have spent this weekend focusing on what they call Torture Porn which I wrote about in Gore Kulture. Cliff from Rusty Idols and I then proceeded to have a running discussion on the phenomena in the comments.

From horror film to torture porn

Torture porn films - horror or hype?

Is there any escape from tired, old torture-porn?

Hollywood, movie fans shy away from "torture porn"

Held captive to torture-porn zeitgeist

Torture porn for popcorn eaters not up to snuff

Filmgoers may be fed up with sadistic gore

See

Gothic Capitalism Redux

Jack the Ripper

Emotional Plague


Serial Murder

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Paris Discovers Jesus In Jail

Jail in Amerika is the greatest source of Christian conversion for celebrities and other criminals.

More so than churches, TV Evangelism or even traveling revivalist sideshows.

And now we have another celebrity who goes to jail and discovers god. Paris Hilton goes to jail in LA where she discovers Jesus. As if that is a surprise. There are thousands of them in jail in LA county.

Better yet before her conversion there was a miracle of biblical proportions in the LA jail.

Because Paris Hilton was let out of jail, when this team of Auxiliary women from the Gideons International went in to the jail, they were able to hand out exactly the number of bibles they had gathered and because Paris was not in jail at that time, the floor that she would've been on — if she had been there — was left open for the women to do their bible distribution.

So because Paris was not in jail (for reasons apparently only God knew at the time) all the women inmates on Paris's floor received a copy of a Gideon bible.

Latinos who suffer, like Amerika's blacks, a race war against them by the Law and Order right, get why jail is no place for conversion.

Angel Perez says it's important his children know that jail is a dreadful and dangerous place, not one he wants them to see - not even on a visit.

The rate of imprisonment for Latinos is "about 50 percent higher than it should be," said Marc Mauer, executive director of the Sentencing Project, a Washington think tank on criminal justice policy.

"Nationally, 20 percent of the U.S. prison population is Latino. In society, however, Latinos represent 13 percent of the population," Mauer said.

The rate of imprisonment of celebrities in LA county in a year is far less than an average weekend round up of Latino and African Americans.

And the majority of them are Christians. As you can tell from their tattoos.



See:

Pain In The Butt

Anna Nicole Smith and Barbara Amiel

Ben Stein's Truth

Britney Needs a Liberal

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Albania's Hero

Albania an artificial country created, by Woodrow Wilson, after WWI, that is a bastion of international crime and terrorism heralds George Bush as its hero.

It was a unique day in the recent history of the Bush presidency: The U.S. leader, whose stops in Italy and Germany earlier on this trip prompted massive demonstrations against him and the Iraq war, could not suppress a satisfied smile as Albanian Prime Minister Sali Berisha called him "the greatest and most distinguished guest we have ever had in all times."

He told the Albanians what they wanted to hear: that he supported their effort to join NATO and wanted independence soon for Kosovo, a largely ethnic Albanian breakaway province of Serbia, without making any fresh commitments. "At some point in time, sooner rather than later, you've got to say, 'Enough is enough - Kosovo is independent,' " Bush said.

Well at least he has one country he can retire to. Though their real hero should be Bill Clinton, who got them Kosovo.

Like Pakistan and Saudi Arabia this is another criminal terror state that is a client of the U.S.

In 2006, Albania granted political asylum to eight persons deemed "no longer enemy combatants" being held by U.S. authorities in Guantanamo Bay, another indicator of the strong ties between the U.S. and Albania and their willingness to support our efforts in the Global War on Terror.

Albania is known as the country of revenge. There is a code of honor followed by some (primarily in the north) that results in blood killings related to families and clans. Often these clashes are related to organized crime and turf battles. On occasion, these blood feuds or revenge killings occur in Tirana and other cities outside of the north. Albania transitioned from communist rule between 1990 and 1992, putting an end to 46 years of isolation and establishing a multiparty democracy. The transition to democracy was not easy. The country had to cope with political instability as successive governments tried to deal "with high unemployment, widespread corruption, a dilapidated physical infrastructure, powerful organized crime networks and combative political opponents," according to the U.S. Central Intelligence Agency.

Like its neighbours, even though it’s a democracy, Albania suffers from the post-1989 syndrome. Independent institutions are shaky; high politics are a sour duel of personal slurs; Prime Minister Sali Berisha is accused of authoritarianism; corruption is widespread, poverty is widespread and organised crime remains a problem. (Sound familiar?)

EUROPOL is—in a sense—the equivalent of the European Union's F.B.I. Over the years, it has dealt extensively with organized crime in Europe in the sectors of money laundering, connections with terrorism, and trafficking.

In the case of Albania, the European authority is very much concerned about the overall attention the state is paying to the all-pervading influence of crime networks within the country. A very interesting aspect is the existence of a well developed network within Albania that imports capital made by illegal trade—mostly narcotics and human trafficking—and then invests it in construction and finance. Albanian media has been busy exposing reports from abroad, such as one from the F.B.I., that highlight the ties between heads of organized crime and public figures of the state. These ties have the effect of hindering the efficiency of the state system in combating illegal activities of organized form.

Interestingly, during the recent municipal elections in Albania, the opposition party won largely because its campaign focused on the alleged ties between state officials and "Mafia capos" therefore relying on public sentiment that is heavily burdened by the inability of the state to protect its citizens and its own interests. The sectors in which corruption is more evident in Albania are the police, the tax service, and to a great extent the judiciary system, which is composed by very low paid public servants who have to deal with increased pressure from the crime barons.

Balkan organized crime

The Balkan Organized Crime (BOC initiative, which consists of addressing organized criminal activity emanating from Slovenia, Croatia, Serbia-Montenegro, Bosnia-Herzegovina, Albania, Kosovo, the former Yugoslav Republic of Macedonia (FYROM), and Greece, is a relatively new program, and a very high profile endeavor on the part of the FBI's Organized Crime Section (OCS) and DOJ's Organized Crime and Racketeering Section (OCRS). Balkan organized crime is an emerging organized crime problem with transnational ramifications that has been identified and is being addressed in 12 FBI divisions throughout the United States.

Balkan organized crime groups, particularly those composed of ethnic Albanians, have expanded rapidly over the last decade to Italy, Germany, Switzerland, Great Britain, and the Scandinavian countries, and are beginning to gain a foothold in the United States. In the last year or two, European nations have recognized that Balkan organized crime is one of the greatest criminal threats that they face. European police organizations now estimate that Balkan organized crime groups control upwards of 70% of the heroin market in some of the larger European nations, and are rapidly taking over human smuggling, prostitution and car theft rings across Europe.

Domestically, Albanian organized crime groups have been involved in murders, bank and ATM burglaries, passport and visa fraud, illegal gambling, weapons & narcotics trafficking, and extortion. In New York City, the Albanians have actually challenged the LCN for control of some traditional criminal activities which have historically been the mainstay of LCN operations. Albanian OC groups have also formed partnerships with the Gambino, Genovese, and Luchese LCN families to facilitate specific crimes.

While the Albanian organized crime groups have a well-deserved reputation in underworld circles for extreme violence, they are also knowledgeable about United States sentencing guidelines. For example, rather than rob a bank at gun-point with employees and customers present, and potentially receive a long sentence, we have seen them burglarize the bank after hours by smashing into unguarded ATMs through brute force.

The Albanian Mafia or Albanian Organized Crime (OC) are the general terms used for various criminal organizations based in Albania or composed of ethnic-Albanians. Albanian criminals are significantly active in the United States and the European Union (EU) countries, participating in a diverse range of criminal enterprises from human trafficking and prostitution to narcotics and gunrunning. Although the term "mafia" is often used as a description, it does not imply that all Albanian criminal activities are coordinated or regulated by an overarching governing body headquartered in Albania proper, Kosovo or elsewhere. Despite media reports that often have the effect of suggesting an emerging global Albanian mafia "movement" or network, this interpretation has not been substantiated.

The nature of the relationship between the Kosovo Liberation Army (KLA) and Albanian organized crime has been a controversial subject. During the 1990s the KLA was viewed by many, including top US government personnel, as a freedom fighting organization struggling for the rights of ethnic Albanians, while others claimed that the KLA was a terrorist group financed and guided by the United States. For example, Senator Joe Lieberman said regarding the KLA: "The United States and the Kosovo Liberation Army stand for the same values and principles...fighting for the KLA is fighting for human rights and American values."^[

In 1999 the U.S. Senate Republican Policy Committee accentuated widespread allegations of the KLA's criminal connections, claiming that a "major portion of the KLA finances are derived from [criminal] networks, mainly proceeds from drug trafficking" the report goes on to say that former president Bill Clinton's befriending of the group is "consistent Clinton policy of cultivating relationships with groups known for terrorist violence... in what may be a strategy of attempting to wean away a group from its penchant for violence by adopting its cause as an element of U.S. policy."

KLA is not a genuine movement of freedom fighters but a highly morally corrupted organization deeply involved in terrorism and criminal activities, which makes it very dangerous for the regional stability. Despite its official disbandment in Sept 1999 it continues its existence through the elements of Kosovo Protection Corps, Kosovo Albanian mafia as well as different sattelite organizations like NLA, UCPBM, ANA etc, which are responsible for exporting the terrorism to the territory of Southern Serbia and FYROM. Former leaders of the UCK, now Kosovo renowned political leaders, are still pursuing the extremist goal of ethnic cleansing and creation of ethnically pure Kosovo and Western Macedonia.

"Ten years ago we were arming and equipping the worst elements of the Mujahadeen in Afghanistan - drug traffickers, arms smugglers, anti-American terrorists…Now we're doing the same thing with the KLA, which is tied in with every known middle and far eastern drug cartel. Interpol, Europol, and nearly every European intelligence and counter-narcotics agency has files open on drug syndicates that lead right to the KLA, and right to Albanian gangs in this country."

former DEA agent and author Michael Levine
Quoted in the New American Magazine, May 24, 1999

Albanian Organized Crime Groups.

Albanian organized crime groups are hybrid organizations, often involved both in criminal activity of an organized nature and in political activities, mainly relating to Kosovo. There is certain evidence that the political and criminal activities are deeply intertwined. Also, it has become increasingly clear that Albanian crime groups have engaged in significant cooperation with other transnational crime groups.

Several extraneous factors explain the current, relatively strong, position of Albanian organized crime:

1. Concerning Albanian organized crime in the United States, the 1986 break-up of the "Pizza connection" made it possible for other ethnic crime groups to "occupy" the terrain which had until then been dominated by the Italians. For Albanians this was especially easy since they had already been working with, or mainly for, Italian organized crime.

2. Due to a highly developed ethnic conscience - fortified by a Serb anti- Albanian politics in the 80’s and 90’s, Albanians, particularly Kosovars, have developed a sense of collective identity necessary to engage in organized crime. It is this element, based on the affiliation to a certain group, which links organized Albanian crime to Panalbanian ideals, politics, military activities and terrorism. Albanian drug lords established elsewhere in Europe began contributing funds to the "national cause" in the 80’s. From 1993 on, these funds were to a large extent invested in arms and military equipment for the KLA (UCK) which made its first appearance in 1993.

3. From 1990 on, the process of democratization in Albania has resulted in a loss of state control in a country that had been totally dominated by the communist party and a system of repression. Many Albanians lacked respect for the law since, to them, they represented the tools of repression during the old regime. Loss of state structures resulted in the birth of criminal activities, which further contributed to the loss of state structures and control.

4. Alternative routing for about 60% of European heroin became necessary in 1991 with the outbreak of the war in Yugoslavia and the blocking of the traditional Balkan route. Heroin was thus to a large extent smuggled through Albania, over the Adriatic into Italy and from there on to Northern and Western Europe. The war also enabled organized criminal elements to start dealing arms on a large scale.

5. Another factor which contributed to the development of criminal activities, is the embargos imposed on Yugoslavia by the international community and on the F.Y.RO.M. by Greece (1993-1994) in the early 90’s. Very quickly, an illegal triangular trade in oil, arms and narcotics developed in the region with Albania being the only state not hit by international sanctions.

6. In 1997, the so-called pyramid savings schemes in the Albanian republic collapsed. This caused nation-wide unrest between January and March 1997, during which incredible amounts of military equipment disappeared (and partly reappeared during the Kosovo conflict): 38,000 hand-guns, 226,000 Kalashnikovs, 25,000 machine-guns, 2,400 anti-tank rocket launchers, 3,500,000 hand grenades, 3,600 tons of explosives. Even though organized crime groups were probably unable to "control" the situation, it seems clear that they did profit from the chaos by acquiring a great number of weapons. Albanian organized crime also profited from the financial pyramids which they seem to have used to launder money on a large scale. Before the crash, an estimated 500 to 800 million USD seem to have been transferred to accounts of Italian criminal organizations and Albanian partners. This money was then reinvested in Western countries.

7. The Kosovo conflict and the refugee problem in Albania resulted in a remarkable influx of financial aid. Albanian organized crime with links to Albanian state authorities seems to have highly profited from these funds. The financial volume of this aid was an estimated $163 million. The financial assets of Albanian organized crime were definitely augmented due to this situation.

8. When considering the presence of Albanians in Europe, one has to keep in mind the massive emigration of Albanians to Western European countries in the 90’s. In 2000, estimations concerning the Albanian diaspora are as follows:

United States and Canada: 500,000

Greece: 500,000

Germany: 400,000

Switzerland: 200,000

Turkey: 65,000

Sweden: 40,000

Great Britain: 30,000

Belgium: 25,000

France: 20,000

For those emigrants to EU countries or Switzerland, the temptation to engage in criminal activities is very high as most of them are young Albanian males, in their twenties and thirties, who are unskilled workers and who have difficulties finding a job. For Italian organized crime, these Albanians were ideal couriers in the drug trafficking business running through Albania as they were able to circumvent the area border patrols after the outbreak of the war in Yugoslavia. Many of them came into contact with Albanian organized crime through Albanian emigre communities located throughout Western Europe. This gave an impetus to the dispersion and internationalization of Albanian criminal groups.

The typical structure of the Albanian Mafia is hierarchical. Concerning "loyalty", "honor" and clan traditions, (blood relations and marriage being very important) most of the Albanian networks seem to be "old-fashioned" and comparable to the Italian Mafia networks of thirty or forty years ago. Infiltration into these groups is thus very difficult. Heroin networks are usually made up of groups of fewer than 100 members, constituting an extended family residing all along the Balkan route from Eastern Turkey to Western Europe. The Northern Albanian Mafia which runs the drug wholesale business is also known by the name of "The Fifteen Families."

Regarding cooperation with other transnational criminal groups, the Albanian Mafia seems to have established good working relationships with the Italian Mafia. On the 27th of July 1999 police in Durres (Albania), with Italian assistance arrested one of the godfathers of the "Sacra Corona Unita", Puglia’s Italian Mafia. This Albanian link seems to confirm that the Sacra Corona Unita have "officially" accepted Albanian organized crime as a "partner" in Puglia/Italy and delegated several criminal activities. This might be due to the fact that the Sacra Corona Unita is a rather recent phenomenon, not being as stable nor as strong as other Mafias in Italy. Their leaders might have decided to join forces rather than run the risk of a conflict with Albanian groups known to be extremely violent. Thus in certain areas of Italy, the market for cannabis, prostitution and smuggling of illegal immigrants is run mainly by Albanians. Links to Calabria’s Mafia, the "Ndrangheta", exist in Northern Italy. Several key figures of the Albanian Mafia seem to reside frequently in the Calabrian towns of Africo, Plati and Bovalino (Italy), fiefs of the Ndrangheta. Southern Albanian groups also seem to have good relationships with Sicily’s "Cosa Nostra", which seems to be moving steadily into finance and money laundering, leaving other typical illegal activities to other groups. Close relationships also exist with other criminal groups active along the Balkan route, where Turkish wholesalers, Bulgarian and Romanian traffickers are frequent business partners. There are also indications that a South American cartel has become active in Albania through Albanian middlemen, in order to place more cocaine on the European market

The heavy involvement of Albanian criminal groups in drugs trafficking, mainly heroin is proven. Currently, more than 80% of the heroin on the European market has been smuggled through the Balkans, having mainly been produced in Afghanistan and traveled through Iran and Turkey or Central Asia. In the Balkan region, two routes seem to have replaced the former traditional route, disrupted by the Yugoslavian conflict: one Northern route running mainly through Bulgaria, then Romania and Hungary and one Southern route running from Bulgaria through F.Y.R.O.M., the Kosovo region and Albania. An average of more than a ton of heroin and more than 10 tons of hashish are seized along those Balkan routes each year. According to DEA estimations, between 4 and 6 tons of heroin leave Turkey each month bound for Western Europe, traveling along the Balkan routes.

Albanian trafficking networks are becoming more and more powerful, partly replacing Turkish networks. This is especially the case in several German speaking countries, Sweden and Norway. According to some estimations, Albanian networks control about 70% of the heroin market today in Switzerland, Germany, Austria and the Scandinavian countries. According to analyses of the Swedish and Norwegian police, 80% of the heroin smuggled into the countries can be linked to Albanian networks. In 1998, Swiss police even estimated that 90% of the narco-business in the country was dominated by Albanians. Throughout Europe, around 40% of the heroin trade seems to be controlled by Albanians. Recent refugees from the Kosovo region are involved in street sales. Tensions between the established ethnic Albanians and newcomers seem to exist, heroin prices having dropped due to their arrival and due to growing competition in the market.

Albanian networks are not only linked to heroin. In the Macedonian border region, production laboratories for amphetamine and methamphetamine drugs seem to have been set up. Currently, these pills are destined for the local market. Cannabis is grown in Albania and cultivation seems to have become more and more popular, especially in the South. Annual Albanian marijuana revenue is estimated at $40 million. In 1999, cannabis plantations existed in the regions of Kalarat (about 80 kilometers from Vlore/Albania) and close to Girokaster in the regions of Sarande, Delvina and Permetti. Albanian cannabis is mainly sold on the Greek market. In order to transport the drugs to Greece, Albanian crime groups work together with Greek criminals.

Albanian criminals are also involved in the traffic of illegal immigrants to Western European countries. It is part of international trafficking networks, which not only transport Albanians, but also Kurds, Chinese and people from the Indian subcontinent. The Albanian groups are mainly responsible for the crossing of the Adriatic Sea from the Albanian coast to Italy. Departures mainly take place from Vlore, some of them from Durres or even from Ulcinj in the South of Montenegro. By the end of 1999, the crossing costs about $1,000 USD for an adult and $500 USD for a child. It is interesting to notice that some illegal immigrants had to pay for their journey only once in their home country (e.g. $6,000 in Pakistan), but that the nationality of the trafficking groups changed as they moved along. This implies that Albanian groups are only a part of international distribution networks. In 1999, approximately 10,000 people were smuggled into EU countries via Albania every month. The Italian border patrol intercepted 13,118 illegal immigrants close to the Puglian coast from January until July 1999. It estimated arrivals only in this coastal region at 56,000 in 1999. For the Albanian crime groups, illegal immigration - even though it can not be compared to the narco-business - is an important source of income, bringing in an estimated fifty million USD in 1999.

Immigration is not only a source of income, it is also very important in order to create networks in foreign countries and thus create bridgeheads for the Albanian Mafia abroad. Reports indicate that of the people admitted into Western European or North America as refugees during the Kosovo conflict, at least several had been carefully chosen by the Albanian Mafia to stay in the host country and act as a future liaison for the criminal networks.

Trafficking in women and forced prostitution seem to have become much more important for Albanian organized crime in 1999, with thousands of women from Kosovo having fled to Albania during the armed conflict in the region. About 300,000 women from Eastern European countries work as prostitutes in Europe. More and more seem to be "organized" in Albanian networks that are not only limited to ethnic Albanian prostitutes, but also comprise women from Romania, Bosnia, Moldova, Russia, etc. The pimps often pretend to be Kosovars in order to have the status of a political refugee, even though many of them come from Albania. Some seem to control the "business" from abroad. Belgium, in particular, seems to be the seat of several leaders of the trafficking networks. In 1999, ten people linked to Albanian crime were shot in Brussels.

Finally, Albanian criminal groups frequently engage in burglaries, armed robberies and car theft in Europe and the United States.

There might still be links between political/military Kosovar Albanian groups (especially the KLA) and Albanian organized crime. Of the almost 900 million DM which reached Kosovo between 1996 and 1999, half was thought to be illegal drug money. Legitimate fundraising activities for the Kosovo and the KLA could have been be used to launder drug money. In 1998, the U.S. State Department listed the KLA as a terrorist organization, indicating that it was financing its operations with money from the international heroin trade and loans from Islamic countries and individuals, among them allegedly Usama bin Laden. Another link to bin Laden is the fact that the brother of a leader in an Egyptian Djihad organization and also a military commander of Usama bin Laden, was leading an elite KLA unit during the Kosovo conflict. In 1998, the KLA was described as a key player in the drugs for arms business in 1998, "helping to transport 2 billion USD worth of drugs annually into Western Europe". The KLA and other Albanian groups seem to utilize a sophisticated network of accounts and companies to process funds. In 1998, Germany froze two bank accounts belonging to the "United Kosova" organization after it had been discovered that several hundred thousand dollars had been deposited into those accounts by a convicted Kosovar Albanian drug trafficker.

The possibility of an Albanian/Kosovar drugs for arms connection is confirmed by at least two affairs in 1999:

an Italian court in Brindisi (Italy) convicted an Albanian heroin trafficker who admitted obtaining weapons for the KLA from the Mafia in exchange for drugs.

An Albanian individual placed orders in the Czech Republic for light infantry weapons and rocket systems. According to Czech police sources, the arms were bound for the KLA.

Each KLA commander seems to have had funds at his disposal in order to be able to pay directly for weapons and ammunition for his local units’ need.

It is difficult to predict the further development of Albanian organized crime. Being a recent phenomenon, its stability is difficult to estimate. Nevertheless, future threats are realistic given the ruthlessness and lack of scruples displayed by Albanian crime groups, the international links which already exist, the professionalism which characterizes most of their activities and the strong ties created by ethnic Albanian origins. Moreover, the strong position of Albanian crime groups in Kosovo, F.Y.R.O.M. and the Albanian republic itself, is definitely a cause of concern to the international community, especially when one takes into account the geo-political instability in the region and the presence of a UN peacekeeping force.

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Farmworkers, Nannies and Strippers

While the Conservatives new No Foreign Strippers law appeals to the parties prurient sex negative social conservative base it really could apply to other workers as well.

Immigration Minister Diane Finley introduced Bill C-57 on Wednesday, which says foreigners applying to work in Canada should be rejected if they risk being humiliated, degraded or sexually exploited.

Like temporary foreign workers who have been killed or injured on the job in Alberta working for CNRL, or the Polish tradesmen who were ripped off by the oil patch in collusion with an Alberta College, or nannies, or farm workers. All these are cases of humiliation, degradation and in some cases sexual exploitation.

Humiliation and degradation is something our Prime Minister knows about first hand; Harper's Chef, Nanny, and Car Washer Fired

Wendy blogs that of course this law does nothing to stop the trafficking and exploitation of women....

By prohibiting the lawful entry of foreign women employed as exotic dancers, the Conservative government thinks it can avoid the embarrassment of propping up the exotic dancer market and pretend they’re doing something to help these women, but in reality, all this legislation will do is consign trafficked women to the most unregulated market of all – the underground market. By shifting from regulation to restriction the Conservative government is no longer going to be viewing trafficked women as victims but rather they will be viewed as illegal immigrants and as prostitutes, meaning that the trafficked woman will be criminalized, go to jail and most likely deported. This means that if a women is a victim abuse she will be less likely to reporter her abuser due to fear of being criminalized. And although employers and agents who employ foreign strippers will also be breaking the law, it is the women who will be at a greater risk since it is easier to deport illegal migrants than to successfully prosecute club owners or agents under criminal or immigration legislation.

But it sure makes a nice bit of political theatre when you can claim the Liberals were promoting foreign strippers and you only want Canadian girls to be exploited in this unregulated non-unionized industry. The reality is this law is far broader in scope than just affecting strippers. And it is a reactionary law.

Citizenship and Immigration

Mrs. Joy Smith (Kildonan—St. Paul, CPC):

Mr. Speaker, can the Minister of Citizenship and Immigration inform the House of the government's intention to help prevent vulnerable people coming to Canada from being exploited or abused?

Hon. Diane Finley (Minister of Citizenship and Immigration, CPC):

Mr. Speaker, I am proud to announce that later today I will table legislation to help prevent vulnerable foreign workers such as strippers from being exploited or abused.

The amendments will authorize the Minister of Citizenship and Immigration to instruct immigration officers to deny work permits to foreign strippers.

The previous Liberal government gave blanket exemptions to foreign strippers to work in Canada despite warnings that they were vulnerable to forced prostitution and other exploitation.

Thanks to today's amendments, the good old days of Liberal strippergate will be a thing of the past.

BILL C-57

An Act to amend the Immigration and Refugee Protection Act

SUMMARY

This enactment amends the Immigration and Refugee Protection Act to allow officers to refuse to authorize foreign nationals to work in Canada in cases where to give authorization would be contrary to public policy considerations that are specified in instructions given by the Minister of Citizenship and Immigration.

IMMIGRATION AND REFUGEE PROTECTION ACT

1. Paragraph 3(1)(h) of the Immigration and Refugee Protection Act is replaced by the following:


Explanatory Notes

Immigration and Refugee Protection Act
Clause 1: Relevant portion of subsection 3(1):
3. (1) The objectives of this Act with respect to immigration are
...
(h) to protect the health and safety of Canadians and to maintain the security of Canadian society;


2. Section 30 of the Act is amended by adding the following after subsection (1):


Clause 2: New.

Authorization


(1.1) An officer shall, on application, authorize a foreign national to work or study in Canada if they meet the conditions set out in the regulations.


Instructions


(1.2) Despite subsection (1.1), the officer shall refuse to authorize the foreign national to work in Canada if, in the officer’s opinion, public policy considerations that are specified in the instructions given by the Minister justify such a refusal.


Instructions


Concurrence of second officer


(1.3) In applying subsection (1.2), any refusal to give authorization to work in Canada requires the concurrence of a second officer.


Confirmation


Purpose


(1.4) The instructions shall prescribe public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.




SEE:

Conservative Strip O Gram

Libertarian Challenge of Canada's Prostitution laws

Padrone Me Is This Alberta

Comatose Citizenship and Immigration Canada

Return Of the Work Camps

New Meaning for Nanny State

Migration

Alberta's Free Market In Labour

The Labour Shortage Myth

AFL Agrees With Me

The Real Crime In Canada

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