All posts by Terra Ciolfe

Charge vs. conviction: a look at Halifax’s homicide numbers

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Four-year-old Key’vontay Simon reaches for the newspaper from his car seat – he recognizes his grandmother’s photo on the front page.

Pictured beside her is a man being escorted by police.

“Police are taking him away,” he says. “Did he do something bad?”

The man is Demarqus Shane Beals, who was charged late last week with the second degree murder of Keya Simon – the mother Key’vontay barely knows.

She took the newspaper away from him before he could ask the follow up question.

“I don’t want to break that little boy’s heart” said Torina Simon, Keya’s mother, who took custody of her grandson when he was nine-months old after Keya was killed in 2011.

But Keya’s case isn’t unusual.

According to data from Statistics Canada for the past 10 years, two out of every three homicides in Halifax Regional Municipality (HRP) result in charges — of those charged, only half result in a guilty conviction.

Gang and gun violence harder to solve

“We knew right from the beginning that there were a number of people who could have provided information,” HRP’s Supt. Jim Perrin told reporters following the charges last week. There were at least 30 people at the party the night Simon was stabbed, according to news reports, and police still couldn’t get people to talk.

“That’s 60 [eyes],” said Torina. “What? Was everybody blind?”

On that January night, a fight broke out in the apartment when several uninvited people showed up.

Keya Simon was stabbed at her sister's party in 2011.
Keya Simon was killed at her sister’s party in 2011. Despite the crime having several witnesses, charges weren’t laid until last week.

It spilled into the hallway, and Keya was stabbed.

When police arrived, she was in the front foyer of the building with one stab wound to the chest. Numerous people were still around, but were “mostly uncooperative.”

Simon’s sister, Tiesha Allison, who threw the party, was also stabbed, but survived.

Halifax Regional Police media Cst. Pierre Bourdages said a major problem police encounter when trying to solve homicides is unhelpful witnesses.

“We have individuals that have information or that know exactly who’s responsible, who will not provide information to police,” he said.

There’s very little incentive for witnesses to come forward – especially when it could put them in danger, said Christopher Murphy, a sociology professor at the University of King’s College.

“In Halifax, everybody knows everybody … they know who’s who and what’s what,” he said. “There’s nowhere to hide, there’s nowhere to run in this city.”

A 2012 report by Statistics Canada found a homicide was nearly 50 per cent less likely to be solved if it involved a gang, drugs or firearms.

Canadian cities with more gang activity, the report found, have higher rates of unsolved homicides.

In Halifax, the average clearance rate for the past 10 years, is 66 per cent – making it one of the lowest in Canada.

Of the 18 listed deaths on Nova Scotia Reward for Unsolved Crimes program, 11 were caused by a shooting.

Police will not say whether the program, which pays out $150,000 for information leading to an arrest, helped bring new information about Keya’s death to light.

“I can’t let that bother me because I have a four-year-old to look after,” said Torina. “I have to keep going, everyday just looking after him.”

Charge vs. conviction

“Charging someone is only half the game,” says retired detective turned private investigator, Tom Martin. “Nothing matters until it hits the courtroom.”

In Nova Scotia, on average, about half of homicide charges end in a guilty conviction, according to the past 10 years of Statistics Canada data.

The rest of the cases are usually put on hold, thrown out or referred to alternative sentencing, such as restorative justice programs. The data, however, doesn’t distinguish between a dropped case and a suspect who was given an alternative sentence.

“That’s a horrible percentage,” said Martin, who has been an outspoken critic of Halifax’s growing number of cold cases. “That’s not good enough, especially when it comes to murder.”

In 2012/2013, for instance, of the 11 homicide cases to hit the courts in Nova Scotia, six ended in a guilty verdict. Five were either paused, withdrawn or had alternative charges. No charges were outright acquitted.

Nova Scotia’s average, however, was only slightly higher than the Canadian average of guilty convictions.

Martin admits a perfect conviction rate isn’t possible, but he thinks departments should strive for “no less” than a 75 to 80 per cent conviction rate.

“The courts will not accept and will not put up with anything less than a professional, complete investigation,” he said.

A case will be thrown out if there isn’t enough evidence, he said, and to avoid that, more money and resources are needed, .

“That’s where it takes extra man power, that’s where it takes extra dedication, that’s where it takes extra commitment by management,” he said. “I think that’s what we’re missing here.”

While charges were recently laid in Keya’s case, it still needs to work its way through the courts – a process Torina says she will be part of.

“I just want to ask him why,” she said.

Halifax’s growing underbelly

Despite Halifax’s reputation as a pleasant seaside city, all freshly caught lobster and Maritime hospitality, its friendly facade masks a growing darkness underneath.

In 2011, the city’s homicide rate hit an all-time high, putting Halifax in second place that year for highest in Canada.

While the homicide rate has decreased since then, the number of attempted murders hit an all-time high in 2013.

A recently released report, called the 2014 HRM Roundtable Review, found that the “guns, shooting and drug culture” in the city has worsened since the last review in 2008.

But this isn’t news to local police officials; according to police board minutes, discussions about the increase in gun crime started in 2009.

The majority of the guns, the minutes note, were coming from break-ins.

Police have started several initiatives to curb the city’s gun problem since 2009 – including exchange programs and community outreach. In 2012/2013, an integrated “guns and gangs unit” was created within the Criminal Investigations Unit, according to HRP’s approved operating budget.

But, when the issue was raised this past May, however, just before the release of the roundtable findings, the discussion at the police board had changed.

Chief Jean-Michel Blais said it is “important to look at the trends with respect to homicides in HRM.”

He said, out of the six homicides in HRM, two involved were related to drugs, two were due to domestic violence, one involved alcohol and the other involved an elderly person with dementia.

But, according to the recent review, “the war has not yet been won” – a view many Halifax families waiting for answers, like the Simon’s, would probably agree with.

Former Cape Breton mayor becomes poster boy for island’s economic woes

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Even the former mayor of one of Nova Scotia’s largest municipalities can’t escape the high unemployment rate.

Former Cape Breton mayor John Morgan's home is facing foreclosure. @Tony_Tracy twitter photo.
Former Cape Breton mayor John Morgan’s home is facing foreclosure. @Tony_Tracy twitter photo.

John Morgan, the former mayor of Cape Breton Regional Municipality (CBRM) has become the reluctant poster boy for the issues he tried to fight against his entire political career.

Last week, Morgan’s home was listed in the foreclosure notices in a local newspaper.

“It was very sad,” said Jim Guy, a professor emeritus at Cape Breton University about his reaction to the news. “He’s a mayor that served our community – he was a controversial mayor, but he was a good mayor.”

After only two year out of office, Morgan, who was known for his battle to get a bigger slice of the federal pie for CBRM, is suffering from the same financial fate as many of the citizens he worked to protect.

Current financial troubles

“Sadly, I have only been able to get part-time temporary work locally,” Morgan said via email to The Chronicle Herald. “It is a very difficult time for me and my family.”

The home he owns with his wife Alana, is located at 29 Riverdale Drive and is valued at $121,700, according to property records.

A former lawyer, Morgan told the newspaper he was teaching paralegals part-time at one of the local colleges, but to get any permanent work in the legal field, they’d have to leave the island.

Despite having a salary of around $100,000 during his last year in office, the former mayor still hit financial troubles with Cape Breton’s current economy.

In June 2013, the license for his personal law office, John W. Morgan Law Office Incorporated, was “revoked for non-payment.”

Morgan couldn’t be reached for comment prior to publication.

Mayoral legacy

During his tenure, Morgan became known as “the man of the people.”

In early 2006, just after winning his second mayoral election, the then-mayor started a battle many didn’t think was possible: he filed a lawsuit against the province, alleging it wasn’t doling out the amount of money owed to CBRM outlined in the constitution.

It was a controversial battle, said Guy.

“There were mixed opinions,” he said. Some people questioned Morgan’s decision to “turn the noses” of the politicians who, in the end, control the money and municipal support.

“They thought that Morgan’s strategy was a counter-productive way of dealing with it,” he said.

But, Guy believes Morgan’s intentions and perspective were distinctive.

“He felt that a legal decision trumps a political decision,” he said.

If Morgan could get the courts to agree that the Nova Scotia government wasn’t living up to what is set out in the constitution, the politics of the situation wouldn’t matter anymore – the province would have to cough up what Morgan believed was the right amount of cash for the ailing municipality.

But that wasn’t the case.

The Nova Scotia Supreme Court dismissed the lawsuit in 2008.

After an interview with a CBC Cape Breton radio host about the decision, Morgan faced accusations of professional misconduct for his criticism of the justice system.

In the interview he characterized the Nova Scotia justices as an “endemic” part of “the political structure” and claimed the presiding judge in the case “had ties to the Conservative party,” among other accusations, according to disciplinary hearing documents.

While the Nova Scotia Barrister’s Society panel found him guilty of professional misconduct, he was not penalized for his actions because he was not acting as a lawyer during the interview, but was acting as the mayor.

But Morgan’s battle didn’t end there – he took the case all the way to the Supreme Court of Canada.

The Supreme Court of Canada also dismissed the case.

After 12 years in office, the long-time mayor made the snap announcement in August 2012 that he would not be seeking re-election that fall.

“It is something that I have loved, but it is something that I have done for a long time now,” he told CBC Cape Breton’s Mainstreet, just after his announcement. During his time in office, he wasn’t as “present” with family and friends as he wanted.

“It’s something that can’t last forever,” he said. “You have to move on to other things.”

Island unemployment numbers

High unemployment rates on the island aren’t a new phenomenon, according to data from Statistics Canada.

In recent years, the numbers have been getting better – but the rate is still far behind the provincial and national average.

The most recent unemployment rate released for Cape Breton was 15.5 per cent, nearly seven percentage points higher than the provincial rate.

 

 

 

A new report about the Nova Scotia economy released recently rings the alarm bells for the entire province.

The report, entitled Now of Never: an urgent call to action for Nova Scotians, said the entire province is in such bad shape, it can barely support the standard of living now.

Now or Never Short Ivany Report (Text)
If the local economy stays on its current path, the population is expected to drastically decrease, the report estimates in the next 20 years, there will be 100,000 fewer working age people in 2030s than now.

And that’s a particular problem for smaller municipalities such as Cape Breton, according to Guy.

When a municipality tax rate is higher than the average and it still can’t afford to keep up the standard of living, it doesn’t exactly bolster the local economy, he said.

“Industry doesn’t come, business don’t start up because you’re living in a community that is in visible decay,” said Guy.

“If we don’t get enough support to govern ourselves, whose going to want to live here?” he said. “We’re falling apart.”

The situation on the island is exactly what Morgan predicted and fought against, said Guy. Even Morgan couldn’t escape it.

Rethinking municipal support

While Morgan’s long-term political fight to get more money out of the province didn’t pan out the way he imagined – both politically and personally – the fight hasn’t stopped.

Rethinking municipal support is the goal of a report from the Union of Nova Scotia Municipalities, an association of smaller Nova Scotian municipal leaders.

The report assesses how effective the current payments are that trickle down from the federal and provincial governments to Nova Scotia municipalities and how the formula could be improved, said Betty MacDonald, the executive director of Union of Nova Scotia Municipalities.

The province is currently considering the draft report.  MacDonald hopes to have a final report to release by the end of September, she said.

Exec’s departure costs Clearwater $2M

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One of the world’s largest seafood companies spent an extra $2 million dollars on parting ways with an executive employee, according to its recent quarterly report.

After 26 years with Clearwater Seafoods Inc., former chief operating officer Eric R. Roe “decided to leave” the company this past April.

It’s unclear why Roe left Clearwater, and he could not be reached for comment, but his departure comes at a time when the company is shifting gears to grow its market share in new corners of the globe.

The multinational company, known for its airport lobsters, is expanding into Asia, capitalizing on the region’s growing middle class and taste for seafood.

Michael Mills, an analyst with Beacon Securities who follows the company, said Roe’s departure “wasn’t a major blow […] if anything, it bolstered their management ranks.”

Clearwater spent two million dollars more than last quarter on ‘other’ administrative costs, “the largest portion” of which belonged to costs associated with Roe’s departure.

“[Roe] was a long term executive and well respected in the company,” said Tyrone Cotie, Clearwater’s treasurer.

The payments, he said, were related to early retirement and long-term incentive programs.

“I wouldn’t necessarily call it a severance,” he said.

The company’s last Management Information Circular put Roe’s base salary at $259,453 in 2012.

Clearwater CEO Ian Smith started with the company in May 2010. (twitter photo)
Clearwater CEO Ian Smith started with the company in May 2010. (twitter photo)

“Eric leaves the company with a legacy of accomplishment,” said Clearwater CEO Ian Smith in a news release from April announcing the changes. “Eric will be missed, his contribution to the company will be felt for years to come”. 

The Clearwater shuffle

But it’s a different company than the one Roe joined more than two decades ago.

Roe was there from the start of Clearwater’s rise, not long after the company’s modest beginnings.

In the ultimate rags-to-riches story, John Risley, alongside his brother-in-law Colin MacDonald started the company in 1976 with “a pickup truck, a vision and a lot of entrepreneurial drive.”

Within 10 years, the company had become a global conglomerate that owned a large portion of the fishing licenses in the country – a valuable spot for a business whose main commodity is under tight regulatory control.

Roe started with the company in the late 80s, not long after Clearwater’s rise to seafood stardom, and had been part of its continued growth until his departure.

But the company hasn’t always done well – and Roe was in the trenches for those parts, too.

After taking the company public as an income trust at $10 a share, the stock plummeted to below 50 cents, according to The Globe and Mail. There were talks about going private, but they fell through. Clearwater was also drowning in debt.

The company that was once the beacon of hope for the whole of Atlantic Canada, had started to falter.

In 2009, it restructured, changing its name officially from Clearwater Limited Partnership to Clearwater Seafood Incorporated.

And Roe was there for it all.

Roe was also there in 2011, when current CEO Ian Smith took over the helm, following Risley’s retirement.

Prior to joining Clearwater, Smith was one of the top executives of Campbell Soup Company, where he opened up a headquarters in China – now a key area of growth for Clearwater.

He also held numerous top positions at Colgate-Palmolive.

Clearwater was still struggling when he took over – the stock was still hitting prices as low as $1.47.

Just shy of a year after entering the top position, Smith brought in Greg Morency, also a top executive at Campbell Soup Company. He was given the title of executive vice president and chief commercial officer with a base salary of $238,718.

It was Morency’s “diverse range of global experience” in marketing and sales in the food industry that brought him into the position, Smith said in a news release about the appointment.

In Morency’s 27-year business career, he also held senior roles at Tate &Lyle, H.J. Heinz Company, Unilever and Coca Cola.

By 2013, he had received a sizeable raise. 

Smith said in a news release, the shift in direction “would increase (the company’s) capacity … to grow in new and exciting ways.”

 

Q2 results and the five-year plan

Since Smith’s takeover and the executive shuffle, the company’s stock hit a high of $9.21 this past January and this year’s second quarter results released last week hit new levels.

The past quarter results are “better than expected,” said Mills.

The company had a 19 per cent increase in sales and earnings before interest, taxes, depreciation, and amortization (EBITDA) from last year, bringing in more than $113 million in sales.

The increase, the report notes, is because of a strong demand for Clearwater’s products, and an increase in the volume and price of scallops, shrimp and lobster, as well as favourable foreign exchange rates.

Gross margins were also up two per cent this past quarter, mainly due to higher catch rates for sea scallops and early landing for shrimp, according to the report.

The company is in the middle of its five-year plan, which has a goal of $500 million in annual sales and $100 million in EBITDA by the end of 2016.

It’s a goal Mills calls “rather conservative.”

“I think they’re definitely on track,” he said. “If they can do an acquisition, they would probably get there one year early.”

A bigger catch

Whether the company will make any acquisition moves in the next year is unknown, but Cotie said the company expanded its takeover budget range up to anywhere from $25 to $250 million.

“We’re just trying to get a sense of the market,” he said.

With the company’s main products – scallops, shrimp and lobster – under tight federal controls, one of the biggest barriers to Clearwater’s growth is in being able to harvest for seafood, according to the company’s investor presentation.

Acquiring a company with more quotas, “is an incredible asset to have for a business,” said Cotie.

“Anytime we can acquire more quota, that’s going to be something that we will definitely go after,” he said.

With the new blood at the top of the ranks, the company is looking to the future.

 

 

 

 

 

Beals warrant bucks unsolved homicide trend

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Ten years after Kevin Bowser was shot to death on the steps of his ex-girlfriend’s home, his family might finally get some answers.

A Canada-wide arrest warrant was issued for 31-year-old Shilo Beals in the middle of July 2014. He's been charged in the 2004 death of Kevin Bowser and six weapons-related offences.  Police photo.
A Canada-wide arrest warrant was issued for 31-year-old Shilo Beals in the middle of July 2014. He’s been charged in the 2004 death of Kevin Bowser and six weapons-related offences. Police photo.

Shilo Beals, 31, is the target of a Canada-wide warrant issued in July and is charged with the first-degree murder of Bowser, along with six weapons-related offenses.

While the decade-old cold case might be on its way to closure, many similar cases are still unsolved in Halifax.

According to a University of King’s College analysis of Statistics Canada data, a higher percentage of homicides go unsolved in Halifax than in most cities across the country.

Halifax’s clearance rate – the percentage of homicides “cleared”, either by the laying of charges or “other means”, such as the death of a suspect – is the fourth lowest among cities with more than 50 homicides since 2004, the year of Bowser’s death.

Halifax’s homicide clearance rate for the past 10 years is 66 per cent, ranking it just above Vancouver (49 per cent), Edmonton (62 per cent), and Montreal (63 per cent) – three cities with larger populations – and behind Toronto (68 per cent), Calgary (69 per cent) and eight others.

Halifax’s clearance rate includes statistics from both the Halifax Regional Police and the RCMP.

Provincially, Nova Scotia also lags behind the average in the past decade, solving 74 per cent of the homicides committed, a higher rate than British Columbia (58 per cent), Alberta (71 per cent), and Quebec (73 per cent).

 

Until the arrest warrant for Beals, Bowser’s murder was one of at least 34 left unsolved since the start of 2004 (because of the way Statistic Canada’s data tracks clearances some cleared cases could from before 2004).

His shooting on July 12 was the fourth in Halifax since the beginning of that month, according to archived media reports, although Bowser’s was the only fatality.
Police knew both Beals and Bowser for the shooting.

Bowser was charged with weapons offenses after an incident with a sawed-off shotgun in 1997 and spent two years in prison, the Chronicle Herald reported at the time of his death.
Beals spent two years and nine months in federal prison for drug charges.

His parole hearing documents from 2009 also state he was a suspect in two attempted murders using firearms, had prior convictions including possession of a weapon and pointing a firearm, as well as weapons and uttering threat charges that were both withdrawn.

Beals was sent back to jail the same day he was released from custody in March 2011 for an outstanding assault warrant.

Prior to the Canada-wide arrest warrant issued last month, Beals’ was also involved in a civil suit against Halifax Regional Police for what he claimed to be an illegal execution of a search warrant.

According to a study by Statistics Canada, homicides involving gangs and firearms, similar to the Bowser’s case, are the hardest to solve.

Between 2000 and 2010, the report states, non-gang related homicides were cleared at twice the rate of gang-related homicides. Similarly, homicides committed with a firearm were less likely to be cleared by police than non-firearm related homicide.

Of the 18 listed homicides on the province’s Reward for Unsolved Major Crimes, which offers up to $150,000 for information leading to a conviction, 11 are shooting deaths.

The program, which started in 2006, has received information from the public that has led to three different arrests, according to Roger Merrick, the director of public safety at the provincial Department of Justice. One case is currently before the court.

Merrick believes the effectiveness of the program is “very high.”

“From a […] family’s point of view, it provides them a great deal of relief,” said Merrick. “They now have answers to who killed their loved ones and the people are now being brought to justice.”

The program lists 77 homicide or suspicious missing persons cases dating back to 1955.
While the Statistics Canada study mentions gangs and guns as the hardest cases to crack, Const. Pierre Bourdages of Halifax Regional Police says otherwise.

“The manner in which the homicide was committed, whether it be by blunt force, a gun, or a stabbing, they all present their own challenge,” he said. “One is not easier to solve than the other.”

Halifax Regional Police investigators are always looking for new leads on cold cases, he said.

Officers are assigned to an unsolved homicide for a period of time, then the case will switch to a “new set of eyes” to keep the investigation fresh.

When it comes to the Bowser case, Bourdages said the charges against Beals came from “hard work by the investigators that worked on this file and were able to bring it to a conclusion.”

But that doesn’t always do it.

“One problem we have with some of the unsolved homicides is that we have individuals that have information or that know exactly who’s responsible, who will not provide the information to police,” said Bourdages. “It becomes very hard to investigate and bring these investigations to conclusion when we have people with information that refuse to speak to police.”