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Crimes Against Public Order:
Public order crimes: victimless crimes
Conflict crimes (mala prohibita): violate “moral” rules or values (morality according to whom?)
Prohibit sale and distribution of selected goods and services
Gambling
History - illegal (religious & charity exemptions)[start in early 1900s][LT $50]
Federal & provincial [1969 for 76 Olympics; 1985 provinces]
Casinos [1989, ON, PQ, MB]
Windsor Casino ($200M profits in their first year)
Laws
Difficult to regulate
Prostitution
• Legality in Canada (selling is legal!) - all acts connected, including purchasing - illegal
• Restrictions: difficult not to break
• Elements (definition)
• 1) Sexual activity
• 2) Economic transaction
• 3) Emotional indifference (ends at the end of exchange)
Hierarchy of Prostitution:
Call girls - Escort, agency, etc
Sex workers - Massage parlours, brothels; internet & phone
Bar girls - Bar, lounges, casinos, strip clubs
Street walkers - On street/public
Prostitution Laws:
• Material Benefit offence (s. 286.2(1))(2014)
• Purchasing Offence (2014) (s. 286.1)
• Communicating offences (s. 213(1.1))
• Trafficking in persons offences (s. 279.01) (added 2014)
History of Drug Laws in Canada:
• Legal use before legislation (with physicians or pharmacists)
• Use
• Cough medicine
• Pain medicine
• Drinks
Doctors fought to keep legal $ in medical profession (like other pharmaceutical)
Opium – Canada:
• Railroad (1881-1884): 17,000+ Chinese arrived to build CPR & maintain it [BC 6th province 1871]
• Moral entrepreneur: Mackenzie King (Deputy Minister of Labour) - unemployment issues (Vancouver/Victoria)*
• Chinese Immigration Act 1885 (restrict entry, denied vote, difficult to own land or business; annual immigration tax of $50 ($1627 in 2024) - "head tax"; $100 by 1900
Prohibition - Canada:
• 1915 – 1917 (origins)(differed by prov); ended in 1919 in some provinces
• War Efforts (WWI)
• Narcotic Control – Department of Health (1919)
• Manufacturing: Rum Running (smuggle into USA)
Theories – Drug Legislation & enforcement:
Use of Drugs: widespread; enforcement sensitive
Social Constructionism: legislation: claims
Moral panic: effects are exaggerated (fear)
Labeling theory: labelling of user/seller(dangerous, problem); moral entrepreneurs (create moral laws)
Conflict theory: power to legislate policy & enforcement (powerless more likely criminalized)
Definitions of Drug Crimes:
Possession, produce, sell or traffic, importing and exporting.
Characteristics of Organized Crime
• Activities conspiratorial (planned & coordinated)
• Goals: profit and power (monopoly on illegal goods & services; "black market")
• Relationships (good with clients; not impersonal)
• Leaders: insulated from direct involvement in crime
• Legitimate businesses (as cover)
• May use predatory tactics (intimidate, violence)
• Gender (male dominated in leadership; patriarchal)
Level 1 Gangs
• Fluid friendship groups (neighbour/cultural identity)
• Criminal activity periodic, unplanned (opportunity)
• Crime motivation (fun, not long-term eco gain)
• No leadership or org structure
• No name, signs or symbols
• May form & disband quickly (LT 1Y/over summer)
Level 2 Gangs
• Period of time (1 year or longer)
• Criminal activity - planned & deliberate
• Not tied to specific neighborhood
• May/may not have gang name, signs or symbols
• No formal leadership structure
• Violence & disputes over reputation/honour [the Code]
Level 3 Gangs
• Hierarchy with leaders & followers
• Existence (est. 1 year or longer)
• Criminal activity planned
• Control activities in territory (drugs)
• Gang name; may have symbols
• Serious violence (use of firearms)
Conflict subculture
E.g., Bloods & Crips (well known street gangs)
Level 4 Gangs
• Sophisticated hierarchical structure, with specialized roles
• Long stable history (5 years+)
• Criminal activity planned
• Legal and illegal acts; may have international business
• Violence for strategic purposes (not honor)
Organized Crime Activities
• Tactical Crime: “sell” insurance
• Racketeering (extort $ for protection), extortion (other reasons), blackmail, arson
• Gambling: controlled under Canadian Laws (want to get around laws; bet more)
• Advantages (more opportunities, higher limits)
• Loansharking: Borrowing money at interest (exceeds law)
• Advantages (few conditions; not approved legal)
• Illegal Drug market: big business (illegal creates black market)
• Specialized (market & location) - Chinese Triad (heroin), Columbian mafia (cocaine), Motorcycle gangs (LSD, meth, ecstasy, lab)
• Other (crime)
• vehicle theft, counterfeit money/products, pirated software/ movies (changes based on market)
• Legitimate Businesses: use as front & launder money
• Most common: hotels, bars/restaurants, construction or trucking companies, exotic dance clubs
• Can also include - corruption w officials (bride police or politicians for contracts) ; manipulate legal products
Roots of Organized Crime
• Why does criminal organizations exist?
Demand - by law-abiding citizens for services/products!)
• Market (need; determines scope)
• Largest market: Drug trafficking ($; elaborate)
Canadian Organized Crime Groups (current)
• Outlaw Motorcycle gangs (Hells Angels, Rock Machine)
• Activities: Drugs, escort services, murder for hire [Wolf, 1991 - The Rebels; ethnography AB]
• Indigenous-based Outlaw gangs (Manitoba Warriors, Indian Posse, Redd Alert)
• Activities: Drugs, prostitution, firearms smuggling, vehicle thefts
• Asian-Based (AOC) – major cities (Hong Kong Triads), (use youth & street gangs)
• Activities: drug traffic, gambling, import heroin, migrant smuggling, counterfeit, prostitution
• Eastern-European based (Russian Mafia)
• Technology; legitimate business
• Activities: sophisticated internet & financial frauds, prostitution, human trafficking, drug import, vehicle theft, & exports
• Traditional Organized Crime (Italian-based) (Sicilian mafia, the mafia)
• Legitimate business (construction)
• Activities: Importing & trafficking of drugs (Prohibition, made them $), gambling, exhortation, loansharking