Good-bye to Commissioner Lucki?

It has been widely rumoured, keep in mind, one knows what an Ottawa rumour is worth, that RCMP Commissioner Brenda Lucki is headed to retirement in June 2022. Let’s say from the outset, I do not know Ms. Lucki personally, have never even seen her in a public forum, so on a personal level one can only wish her a the best in her retirement after a lengthy period of service.

As an interested observer from afar however, or as simply a member of the general public, the time seems appropriate to evaluate her time on the Mountie throne.

In terms of our ability to measure her time and effectiveness, she did not leave us much to go on.

Ms. Lucki was “the leader the Mounties needed” according to Justin Trudeau in 2018; who he judged to be the “absolutely best person for the job, who just happens to be a woman”. The fact that he needed to add “happens to be a woman” is clearly a glimpse in to what Mr. Trudeau saw a pre-requisite for this job.

She was heralded as the 1st “permanent” woman to head the RCMP, her predecessor Bev Busson only being around for a short time in her “temporary” position. (Long enough clearly though to score sufficient points for an eventual Senate seat.)

In 2018 the decade of women advancement in policing was in full bloom much like in all the other government departments across the country. Women were reaching new heights in terms of leadership roles across the organization and at an unprecedented speed. They were in effect being “over-represented” in order for an organization to progress and just as importantly to at the very least be deemed progressive.

In her acceptance of the post as the 24th Commissioner, Lucki outlined her primary plans for “bolstering diversity”and “reconciliation with indigenous persons”. She pointed to her previous successes with the First Nations of northern Manitoba. The speech could have and may have been written by Gerald Butts. No real mention of the brewing problems of contract policing or the upcoming possible unionization of the membership. She, unlike most of her predecessors was a one dimensional candidate, with a singular approach to what ailed the Mounties. Diversity and inclusion would be from the beginning to the end her single mantra.

Her background reflected an insular policing career–in the Peace keeping program in Ottawa, as the head of Depot training centre in Regina, as part of the United Nations protection force in Yugoslavia. None of these positions pointed to a larger understanding of Federal or Provincial policing, the true fundamental core of the RCMP.

The problem of course, like many Federal employees is that Lucki was a liberal in speech only, in knowing the right things to say and where to say them as opposed to knowing the machinations that would be needed to carry out any re-conditioning. She was playing the game of “representation” and “diversity”, without really knowing how she was going to accomplish this, or fully appreciating that the Force that extended past Ottawa didn’t share the same level of concern. Secondly, decades of processes and ingrained cultural history were simply not going to be won over from the confines of a committee room in Ottawa.

In essence she was pulled up by the language of the Woke, then got entangled in the spider-web language of the Woke. Her credence and her dilemma began to unravel once she came under the Liberal magnifying glass of the truly Woke of Ottawa. She aptly demonstrated her conundrum a mere two years later when she flip-flopped on the term “systemic racism”.

She also quickly learned that the Indigenous leadership in this country will turn on you very quickly– should you dare to question their “truth”. Her award for building relationships in Manitoba was as flimsy as the paper on which it was written when confronted by the dialogue of the Indigenous victim. She was caught between knowing that in fact, in the policing world, there is little evidence if any of “systemic racism” by its true definition and on the other side was what she needed to say to appease. She floundered. She knew that if she stated her truth she would have been in full conflict with the people who put her there.

So twenty-four hours later desperate to be on the side of the righteous left, she became a convert, and admitted to “systemic racism”. Unfortunately, she was then asked for examples to prove her conversion and once again, she became the proverbial fish out of water. The example she felt that bolstered her new claim of “systemic racism” was the “height” requirements for Mounties. When someone pointed out that this was more likely “discrimination” rather than “racism” she bumbled once again. The next day, Bill Blair had to come to her rescue and do damage control.

So a mere two years after her start, Perry Bellegarde the Assembly of First Nations Chiefs called for her “resignation”. Apparently her “strong focus on advancing Indigenous reconciliation” had failed– the Indigenous now not wanting to “reconcile” with the Commissioner.

She kept trying though. When asked during an interview as a leader of the RCMP what was the toughest decision she faced, she confusingly answered that it was listening to the Missing and Murdered Indigenous Women and Girls inquiry testimony. Her need to appease clearly had overwhelmed her ability to even understand the concept of what constitutes a “decision”.

It may have became clear early on to the Liberals, that it may be best if she remained silent and in the background.

Suffice to say that for the last couple of years, we have never had a quieter Commissioner. We went from the somewhat bombastic Paulson to the uncomfortable introvert.

Even when the Force was chastised or lambasted for its lack of leadership, she remained quiet, seemingly unable or incapable to defend. Recently the Information Commissioner of Canada said that “the RCMP is failing in terms of its obligation to ensure Canadians have access to information about its operation and decision making…” that this “lack of action on the part of the RCMP leadership” had been going on for too long.

When a human rights watchdog agency had its requests ignored about the “spying on Indigenous and climate activists” it led to “inexcusable delays” and they accused Lucki of simply ignoring the matter. So the Commissioner who had promised to a program of “listening and learning” wasn’t listening and had not learned that one needs to get ahead of issues. The ongoing examination of the incident in Portapique, is looking like another embarrassment of riches in terms of failures to get things done, at least on a broader level.

Under Lucki, the organization has continued to be inert, unable to act or react, weighed down by a suffocating bureaucracy.

This would have been a difficult time for any Commissioner, it would have taken an extremely strong leader to counter the accepted narrative. Commissioner Lucki clearly did not have that capability. One would have had to at times embarrass the Liberals, stand up to ridiculous assertions, outline the resourcing and staffing difficulties, and point to the failings as well as the successes. She did not or could not do that.

We should also remember that Ms. Lucki was picked by a large panel of seven individuals headed by former Premier of New Brunswick Frank McKenna. How is it that this crew could have felt in those tentative times, that Ms. Lucki was the best choice from across Canada?

One wonders that if there was a Walk of Fame for former Commissioners built outside Leikin Drive –who would get a star or a set of spurs in concrete. Maybe Paulson, if infamy is important, for his crocodile tears on settling the sexual harassment suit and paying out millions of dollars. It was at the very least a memorable media moment.

Elliott who ran into the wall of Mountie intransigence and was apparently given to throwing papers around. Not likely. But then again his intemperance may have been earned.

Zaccardelli who was forced to resign by Harper over the Maher Arar incident for not quite telling the full truth about the RCMP involvement. Again, not likely.

Busson will probably get one after all, she was the first ‘woman” to accept the post, at least temporarily.

One wonders for the next round of Commissioner applications if we are we still in the age of firsts– first woman, first black, first Indigenous, first LGBTQ member? One can only hope that in the next selection for Commissioner we have run out of “first” as being a qualification.

So who will that next Commissioner be? There is another rumour that it may be the current Acting Executive Director of Strategic Policy and Planning Directorate, Alison Whelan. Apparently she is good friends of Lucki, but I am not so sure that Lucki’s pick will carry much weight.

Ms. Whelan is a policy wonk and a long term civilian civil servant in the RCMP. She joined the Federal government as a policy analyst in 2003, then into the RCMP in 2013 to “manage policy development” and to provide “analysis on national security, serious and organized crime.” In 2018 she moved over to National Security and Protective policy. She has a Masters in Political Science from Memorial University in Newfoundland and is co-chair of a task force to create National Hate Crimes Policy Standards as well as an executive director of the Canadian Race Relations Foundation. Policy, is clearly her noteworthy strength, policy is central to her being, but is the policy bureaucracy of Ottawa the place where we should be looking for change, understanding, and leadership? Would a “civilian” leader be the right choice at this time?

(On the off chance you want to learn more of Ms Whelan– she will participate in a “fireside chat” on May 4th, 2022 at the Law of Policing Conference.)

There have been a long list of Commissioners over they years, none of who’s names usually spring quickly to mind.

Remember Malcolm Lindsay in 1969, after all we named a boat after him.

There was William Higgitt in 1973– we also named a boat after him. He was followed by Nadon in 1977, and yes we named a boat after him as well. Simmonds and Inkster soon followed and we named boats after them. You would have thought we were building a navy.

Nevertheless, as we say bon voyage to Ms. Lucki maybe a new boat is in order or, at least maybe a small raft as she sails into retirement. Maybe, if we built a big raft, we could put the real root of the problem, Mr Trudeau, on the raft with her.

Photo Courtesy of Flickr Commons via Benito Condemi de Flice – Some Rights Reserved

“Follow the Money”

I have a clear mental picture of on more than one occasion, sitting around a conference room table, a new homicide case fresh in hand, and debating the merits of one course of action over another. Discussions would eventually come around to one of the items that needed proving; namely, motive.

When the motive was not clear, a reliable side-kick would invariably jump up and holler: “Follow the money!” We would all laugh both because of the manner of the exclamation which had been said with such ferocity, but also because of the obvious nature of what was being proclaimed.

If you want to find crime in this country, this Province, or in your towns and cities, truer words were never spoken. You only need to “follow the money”. This would seem patently obvious to almost everyone who is paying attention. What is less obvious maybe, is whether or not in this country, we actually care. And by “we” I mean Canadians in general, and the police in particular.

Having never seen polling with regard to the views of the general population in terms of their level of concern it is hard to make some definitive statement about the views held by the country as a whole. So this is more of a question than an answer.

However, when it comes to the police the preponderance of the evidence suggests that in fact the police don’t care, or if one was more generous, have chosen to make commercial crime the lowest rung on the ladder of operational policing.

From the police officer trying to avoid the call for a “fraud cheque” or the misuse of a credit card, to the upper management of the municipal, Provincial, and Federal forces who demonstrate an innate ability to ignore the economic crime swirling around them. Their internal view seems to be that since the public is not complaining, why worry, after all it doesn’t “trend” and paper cuts do not make as good a television snippet as assaults and car crashes.

To be sure, the problem of economic crime is complicated. White collar crime in Canada like other countries includes a broad range of offences which can and do include: fraud, bribery, Ponzi schemes, insider trading, embezzlement, cyber-crime, money-laundering, identity theft and forgery.

White collar crime is itinerant, moving easily across boundaries, from city to city, Province to Province, so it becomes necessary to co-ordinate multiple agencies and their variety of investigative groups. The investigations themselves become entangled in this web of jurisdictions and interests. Each agency have different levels of priority, different levels of expertise, different Crown counsels, and different levels of financial support. Stymied in most cases by their own current policing structures.

There are many levels to this blanketing economic cloud– ranging from large national in scope cases, such as SNC-Lavalin or the Bre-X mining scandal of 1997; to the more common such as identity theft and forgery. In between are layers of administrative, political, and government fraud in the millions of dollars.

If one just considers the world of the “scam“, the number of ways the public is being fleeced is only limited to one’s imagination: on-line purchase scams, wire fraud, romance scams, employment scams, crypto-currency scams, shady contractors, and fake invoices. And if you think that these are small problems, they estimate that $19 million was taken in, just in romance scams.

The RCMP and the Financial Crime Unit according to their own web site tells us that we should rest assured as the RCMP is mandated and “contributes to the security of the Canadian economy and seeks to protect Canadians”( take note of the terminology in that they are only “seek”ing and “contributing”). 

The RCMP themselves are also quick to point out that the primary responsibility for things such as fraud, rest with other jurisdictions and they in effect often become an “assistance” agency.

The RCMP have three parts in their weak arsenal aimed at combatting this “growing” problem; the Commercial Crime Branch, the Proceeds of Crime Branch, and the aggressive sounding Financial Action Task Force.

This latter Task Force is actually a policy-making group, Canada being one of a total of 37 other countries. They are there “to set standards and promote effective implementation of legal, regulatory, and operational measures…”. They are apparently geared to “generating the necessary political will to bring about national legislative and regulatory reforms..”. One of the areas often referred to is the need to disrupt money laundering around the world. Suffice to say that in that world, they are not doing a great job in Canada at the moment.

So while this Task Force is circling the globe attending meetings, that leaves us with the Commercial Crime Branch, and the Proceeds of Crime Branch.

Commercial Crime again according to the RCMP web site maintain 27 offices throughout the country. In terms of the work being generated it seems to often mention the need to build “awareness” and develop “strategic partnerships”. This is government language code found throughout the bureaucracies for not doing much at all. They boast of their “many successful public awareness and enforcement initiatives. ” They claim to have 450 officers in those various offices and their site features a photo of a business suited offender wearing handcuffs. But, trying to find actual examples of their “enforcement initiatives” is more difficult.

In 2019 a business and accounting firm, MNP LLP released a “Fraud Aware” study where they reviewed some 200 criminal fraud cases throughout all of Canada, in Ontario, Quebec and British Columbia. BC had the highest loss levels with a total of $14.3 million. What is noteworthy in this figure, and keep in mind that we are only looking at fraud charges, is not the amount of loss, but how little that their efforts amounted to. In the recent study into money-laundering in B.C alone, regulators are now estimating that $1.7 billion went through B.C. Lottery Corporation accounts with large amounts funded by loan sharks and criminal bank drafts.

Fifteen Ponzi schemes in this country amounted to losses of $549 million. Two cases of stock manipulation by themselves amounted to $87 million in losses.

The scarier figure is that they estimate that less than 5% of the fraud was reported in this country. They also indicated that civil procedures were “often timelier and routinely more effective” than reporting the matter as a a criminal offence. This is combined with lenient sentencing in Canada, unlike China where there is a possible death penalty, or even the United States where in 2002 they passed Sarbanes-Oxley act, and punishments were increased in light of the Enron scandal.

In the above studied cases, it should be added, 70 percent of the convictions asked for restitution, but the recovery rate was a mere 29%.

Many financial and legal experts that have for decades been outraged by the lack of effort in this country to combat “white collar crime”.

Spencer Lanthier, in receiving an award as a Corporate Director of some note, said in his remarks, “this city, this Province (referring to Toronto, Ontario) this country has a reputation of being the best location to carry out white collar crime, corporate fraud in the industrialized world”.

In a report on investment fraud in 2014, the Canadian Foundation for the Advancement of Investor rights reached some damning conclusions. They alleged that little data is kept on either fraudsters or their victims, enforcement agencies were not talking to each other, and that the public’s reporting rate was “extremely low”.

The police are now often seen as leaning towards giving up and spend more time trying to get out of these cumbersome, lengthy, and tedious investigations. Some argue the laws are insufficient and the burden of proof too steep. (In Ontario, the police were reportedly telling business people who had been victimized by fraud that they should investigate it themselves and that they were not interested in any event unless the fraud was over a $1million)

You need only to scratch the surface in this country to find the seedlings of suspicion.

If there is any activity involving millions of dollars, or even billions, that is where you will find the criminal and corrupt lurking. Let’s take a few of the bigger possibilities; the marihuana industry, the construction industry, or in large pipeline and hydro projects. Let’s also glance into the government funding behind large infrastructure projects, the millions being given to the indigenous, or lotteries and gaming. It seems that if there is a pot of money there will also be those willing to stick their hands in regardless of entitlement.

And in speaking of gaming, in British Columbia, we may finally be given a chance to look into gaming in this Province and the subsequent laundering of monies. It has been a long time coming, but great hope is being put into the upcoming inquiry by Justice Cullen. This writer is hopeful, but not entirely optimistic.

Cullen has a good reputation, but one must remember that he was formerly a Regional Crown and Assistant Deputy Attorney General when the NDP was in power from 1991 to 2001 before being named Judge.

He is a friend of the NDP, so count on them going after former Liberals, but not so sure the NDP themselves or their friendly compatriots will come under any pressure. Cullen, was a prosecutor for 20 years so we will have to wait and see if he thinks there is criticism needed from the effort or lack of effort put in by the police. Nevertheless, it is one of the few inquiries in recent memory where the “white collars” may be on the run.

Peter German in an interview described money laundering as the “back office for organized crime”. Will they go there? How far will Justice Cullen dig? Only time will tell.

Another group, Transparency International reported on how financial disclosures rules in this country allow “opaque corporate and land registries”. They reviewed ownership of the top 100 residences in Vancouver with an asset value of close to a billion dollars and found that over half had “murky ownership”. Their report was titled “No Reason to Hide” and concluded that Canada has become “a destination of choice for white collar criminals”.

It is bit of an understatement to say that the enormity of the problem in Canada is staggering. We point out countries like Mexico or the Congo as countries of extreme corruption. One wonders if the only difference is that we are just a little better at keeping it under cover.

The citizens of this country seem to see “white collar” criminal acts as less than other crimes. Sociologist Edwin Sutherland, in 1939, defined “white collar crime”as a crime “committed by a person of respectability and of high social status in the course of his occupation”. Maybe our complacency comes from the fact that we see it as partially victimless and partly as smart people “outsmarting the system”. After all we still applaud the person who avoids paying their fair share of their income taxes.

In a recent report, the Conservative MP Peter Kent launched a public complaint against the RCMP for their clear lack of effort in pursuing the fact that Liberal PM Justin Trudeau had been the beneficiary of three private family trips to visit the Aga Khan, the billionaire philanthropist. Trudeau had already been found in breach of four sections of the Conflict of Interest Act, yet this was not enough to prompt a criminal inquiry apparently.

Commissioner Lucki reached new heights in obfuscation when she stated that the RCMP could not “productively pursue an investigation” (my italics).

The Aga Khan Foundation Canada by the way has received over $330 million over the years of Federal support.

Economic crime is insidious and slowly eating out the inner core of this country. The levels of distrust and the growing narrative is that every public and private entity may be corrupted, and it is causing everyone to question some of the fundamental precepts of a functioning democracy.

The U.S. is already beginning to crumble. Trump is proving to be a threat to the very foundations of the U.S. constitution, not because of what he says or what policies he enacts, but because of the the level of corruption which he is fomenting. The stink of corruption is leaking into the Department of Justice and the Federal Bureau of Investigation, and has led to misuse of Congressional funds and the firing of bureaucrats who refused to be corrupted. (In another aside, there is really no Whistleblower protection in this country)

Canada may be even in a worse position with its lack of interest. A massive wake up call is needed and enormous monies and resources are needed to be spent to correct the decades long complacency in this country.

So far, there does not appear to be any political appetite from any party to begin to address this growing pandemic which is built on a belief that we are somewhat immune, somewhat removed from corruption. We follow the plane returning Canadians from China like the press helicopter following the Bronco driven by O.J. but show little interest is what is going on right in front of us.

As this blogger writes the Ottawa Citizen is reporting on former Commissioner Bob Paulson and some questionable billing for his services. It seems that Mr. Paulson’s firm, the lofty sounding Independent Investigation and Review Services billed $116,286.95 for three months work; roughly $1933.00 per day, for him and two others to “review material”, to “develop an interview plan”, conduct interviews, and of course “parking” and “mileage.”

Was this a major significant inquiry, well no, it was to do with a City counsellor for Ottawa and his inappropriate behaviour to some employees. Normally that would type of investigation would fall to a person in the Human Resources Department.

As was said earlier, scratch the surface, and just “follow the money”.

Photo courtesy of 401(K)2012 via Flickr Commons – Some rights reserved