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Another Immigration-Related Falsehood
 

How did the idea that victims of and witnesses to criminality within the troubled areas of Toronto, and by implication elsewhere in Canada refuse to call police for fear of being deported , find traction within the
Toronto City Council and other media commentators? What evidence is there that this is indeed the case? What studies have been conducted? What publications are out there to verify this firmly held notion? Who spread this idea and for what purposes?
Let us examine the implications of this idea before peeling its falsehood and exposing it for what it is: a dangerous falsehood. The first implication is that criminality which finds its victims and witnesses within the
recent or illegal immigrant community is rampant in that specific community.
Meaning? Criminality as evidenced by its victims and witnesses is mainly a problem of recent or illegal immigrants. Criminality is therefore not Old Canadian-rooted, criminality is not rooted in the Canadian societal fabric.
Criminality is therefore in the margins of society. It is not part of the cancer of society. Let us develop an" don't ask and don't tell'" policy and then we will nip this peripheral cancer in the bud.
The next thing or implication will be the continuation of the criminalization  and over-policing of the recent or illegal immigrant population, because after all that is where the criminality resides.
The next implication is that when the police are unable to solve any criminal problems, the ready answer for their inability is already self-evident--the recent or illegal immigrant population does not
want to divulge the names of the perpetrators of crime for fear of deportation.
What are the facts however? The facts are that most violent crimes including homicides, sexual assaults, robberies, aggravated assaults are committed by either Canadian-born or long-term residents of Canada and that the majority of victims and witnesses are Canadian-born or long-term residents of
Canada.
The perpetrators, victims or witnesses do not fear deportation, the victims and witnesses fear intimidation. Just like the victims and witnesses of the mafia, bikers or any other criminal enterprise across the globe,
organized or disorganized, state or non-state etc. How the administration of justice sometimes treats victims and witnesses is a joke: interminable delays, loss of jobs, lack of respect  and lack of empathy by crowns, defence lawyers and judges, lack of protection by police agencies, and at the end having nothing to show for all the trouble, while the criminals are cuddled with all types of protections as rightly granted by the Charter which was brought about by the politicians.

Some of the victims and witnesses are spouses, friends, girlfriends and families of the criminals so it is understandable that like in any other community they would be reluctant to spill their knowledge of the perpetrators.
The best way to acquire information  and evidence about this current idea is to get transcripts of bail hearings or trials of people who commit violent crimes. The status of these people is usually front and centre of the hearing. Those who do not get caught are by extension from similar backgrounds. They are Canadian-born or long term residents of Canada.
It goes the same for victims and witnesses . I am not here saying that recent or illegal immigrants do not get caught up in this web. They do but they are not in the majority. Further we could get better evidence if our
esteemed full-time journalists from the mainstream media were a little more creative and do investigative journalism rather than  merely down-loading police bulletins.
Finally, please read the latest book by Professor David Tanovich of Windsor Law, entitled  THE COLOUR OF JUSTICE: POLICING RACE IN CANADA (2006) and my LLM thesis entitled: DANGER TO THE PUBLIC UNDER THE CRIMINAL CODE AND THE IMMIGRATION ACT OF CANADA(2001)  for further information about the actual perpetrators of criminality, the nature of law enforcement and the administration of justice in Canada.
 

Munyonzwe Hamalengwa practices law in Toronto.

Member Of:

Criminal Lawyers Association                                                   The Law Society Of Upper Canada

                                         Last Modified: February 20, 2006

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