Tag Archives: crime

Criminal Activity of Cannabis Related Crimes and Youth Decreased by Half

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According to the Incident-Based Crime Statistics Database, cannabis crimes associated with youth decreased by half in the last five years in Ontario.

The majority age associated with cannabis production, trafficking and distribution is between 12 to 21 in Canada. By 2017, the rates of cannabis-related criminal activity committed by youth and adults was almost equal.

In Ontario, the crime rate for youth cannabis crimes dropped to 15.27 in 2017. In 2013, the rate was 37.45.

Despite this decrease, charges were laid on youth three times more than adults. However, these numbers do not include juveniles who were not charged.

In October, people who are nineteen and older will have legal access and possession of cannabis. It will still be illegal to sell cannabis to adolescence.

However, experts and substance and health specialists predict youth will be more open to discuss using cannabis to get the help they need.

Eugene Oscapella, a professor of criminology at the University of Ottawa, says drug policy is a human rights and justice issue.

“We are taking people, we’re stigmatizing them, we’re criminalizing them, we’re impairing their ability to earn a living, we’re impairing their ability to travel, we’re intruding their privacy and their private behavior, so there’s all sorts of human rights issues involved,” says Oscapella.

Oscapella says most pot sales are made by juveniles. The common age of first using cannabis is 16 or 17, and the heaviest consumption is between 15 to 24.

He adds there will be a reduction of some parts of crime one cannabis becomes legal, but there will still be a black-market targeting youth. However, he adds they will not likely be accessing cannabis through typical organized crime.

The Wellness Centre has access to a list of resources for counselling for substance abuse and mental health. Fa’Ttima Omran referred to the Amethyst Women’s Addiction Centre and the Distress Centre Ottawa for cannabis addiction. Photo by Katie Jacobs.

“It might be somebody’s older brother going into a store and buying cannabis … and selling it to younger kids and taking a small profit,” says Oscapella.

Oscapella says the most fundamental solution is to understand why people use drugs, why do some use it in a problematic way, and how do we help them.

Health specialists, such as Jessica Brett, a nurse at Ottawa Public Health (OPH) for three years, is working on putting together public education and policy analyses in preparation for legalization.

She says OPH supports legalization, specifically using regulations for the public’s best interest in health.

Brett says that criminalizing cannabis leads people, particularly youth, to experience social harms.

“Legalizing … hopefully will be able to address negative effects associated with cannabis use and hopefully minimize those social harms that we currently see,” says Brett.

Brett adds OPH will be encouraging youth under the age of 25 not to use it since it can change functions of the brain during adolescence, and can lead to mental health problems.

Fa’Ttima Omran, a second-year master’s student in legal studies, says with legalization, there may be more opportunities to have interesting discussions on cannabis addiction.

“There is a climate of change that … is making sure that individuals that are very vulnerable will not get caught up in the criminal justice system just because of their usage,” says Omran.

Omran is the administrative coordinator of the Wellness Centre at Carleton University. She says it’s more important to understand the social, political and mental health aspects behind cannabis use rather than criminalizing the person.

“People do seek counselling for using alcohol, for using all different substances, and it just brings into the conversation what addiction has within our society …and making sure that people that are experiencing that feel they are supported in any way possible in the most non-judgmental ways,” says Omran.

Omran says the Wellness Centre is designed to be a safe, non-judgmental space where information is confidential. The centre also has access to counselling resources outside the University.

Cannabis in Crimes Canada- Working Copy

Proving consent : why are men accused of rape so likely to leave the trial free ?

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One in four women in North America will be sexually assaulted during her lifetime. Yet, the chances for the victims to see the culprits locked in prison is slim. Even when  a trial is held, the accused is likely to be cleared.

In Canada, less than half of the criminal offenses all combined are cleared. However, when it comes to sexual assault, two third of cases are cleared (61%). A stable proportion over the last 15 years.

According to Blair Crew, lawyer and professor at the University of Ottawa, they are many reasons that explain this higher clearance rate.

The most delicate part is not to prove that the sexual intercourse happened, he explains, but to prove, « beyond a reasonable doubt », that it was consented.

Deb Singh, who works as a counsellor at the Toronto Rape Crisis Centre, agrees that proving consent is very difficult. « Sexual assault happens usually, according to statistics, when the two people know each other, in a private home. There is usually no witnesses. »

Other evidence might also be hard to find : « a person might have been assaulted even if they don’t have bruises, they might not even have conscience ! »

Often, the trial relies on the only testimony of the woman. But for Blair Crew, one of the reasons the accused is more likely to be cleared is that women might not be taken seriously :  « She can say, very clearly, ‘no, I didn’t consent’, and she might be not believed. »

For Deb Singh, it is also a matter of cultural perception of rape : « For decades, raping your wife was considered as something normal and acceptable. » According to her, rape is still not perceived seriously. « Last year in Ontario and Canada, there have been a number of judges who have made all sort of sexist comments, » she said.

90% of the cases are cleared in Nunavut

Aboriginal women might be even more exposed to the difficulty of the procedure.

The proportion of cases that result in a conviction can be drastically different from one province or territory to another. In Nunavut, about 90% of the accused walk free from the court, and about 80% in Northwest. In Newfoundland and Labrador, the rate drops at 37%.

Blair Crew states that « there might be different court procedures », but that the amount of aboriginal women might also be at stake. « Studies show that aboriginal women are less likely to be believed », he said. That would explain why in provinces where the proportion of aboriginal women is high, the clearance rates are higher according to the expert.

Only 6% of rapes are reported to the police

Many cases are thus cleared by charge, but some sexual assault cases might also be cleared otherwise, which includes, among other things, when the complainant declines to press charges. The proportion of cases of sexual assault cleared otherwise (18%) is slightly higher than in other criminal offenses (16%).

Blair Crew explains that it is more likely that the victims of rape tend to drop charges during the procedure, given the fact that it can be difficult to go through for the victims.

The defense might also ask for a therapeutical record, or request information about the woman previous sexual life. These requests that women could find intrusive or humiliating to the point that they decide to abandon the case.

From what Deb Singh observes after about 16 years of working with survivors of sexual assault, there is some kind of « double victimization » during the legal procedure. She recalls the case of a young woman against who the defense attorney used her activism against sexual violence on campus to discredit her, saying that « she wants the system to not convict her perpetrator because it would prove her activism was meaningful. »

The majority of the sexual assault are not reported to the police, only 6% according to a study of Statistics Canada (http://www.sexassault.ca/statistics.htm). While they are numerous reasons behind this, « women are aware of the difficulty of the procedure » said Blair Crew. « They fear they might not be believed. »

Blair Crew says that Ontario is currently training its crown better to handle sexual assault cases. « In the long term, I think it can make a difference. »