firearms offences

Trudeau Calls for More Gun Control in Canada Following Deadly Rampage in Nova Scotia

Written on Behalf of Affleck & Barrison LLP

In response to the recent tragic shooting incident in Nova Scotia, Prime Minister Justin Trudeau announced that his government will work towards strengthening gun control legislation in Canada as soon as possible.

It is the Prime Minister’s intention to introduce legislation to ban assault-style weapons across Canada when Parliament resumes. 

PM Trudeau stated:

The tragedy in Nova Scotia simply reinforces and underlines how important it is for us to continue to move forward on strengthening gun control. … We were on the verge of introducing new measures to restrict assault type weapons in Canada before Parliament was suspended because of COVID-19.

Public Safety Minister Bill Blair has also indicated that the federal government is working towards efforts to reinforce gun control, which will include new legislation to strengthen gun storage rules to prevent firearms from getting into the hands of those who could commit crimes, decrease smuggling of firearms across the border and introduce new laws to ensure that individuals that are at a significant risk of harming themselves or others do not have access to firearms.

FIREARMS ACT CHANGES OF 2019 ARE STILL PENDING

Bill C-71, an act to amend legislation in relation to firearms in Canada, was passed into law in May 2019 and provided approximately 30 amendments to the Firearms Act.  This legislation enhances background checks, compels retailers to keep records of firearms sales (dates, references, license numbers, firearm’s make, model, type and serial number) and varies the authorization to transport rules (a licensed gun owner must possess an authorization to transport document if they want to travel with a restricted firearm). 

Bill C-71 also requires that the police examine an applicant’s life history for potential red flags, including criminal charges, violence and spousal abuse.  However, these amendments are still pending. 

A spokesperson for Minster Blair advised that Bill C-71 provisions will come into force “once the necessary administrative changes have been made, funding has been approved and the associated regulations have been tabled in Parliament for review”.  In February 2020, Minister Blair advised that the enactment of C-71 amendments were ongoing and would be addressed in the upcoming budget.  However, the federal budget has been disrupted by the COVID-19 pandemic.

WHAT HAPPENED IN NOVA SCOTIA?

On April 18, 2020 at 10:26 p.m., RCMP officers arrived in Portapique, Nova Scotia following 911 calls reporting gunshots.  The officers found a man that had been shot.  He reported that as he drove out of Portapique he was shot by a man driving what looked like a police car towards the beach.

As more officers responded to the scene, they located several deceased individuals lying in the roadway and several structures fully engulfed in flames. 

The suspect at the time, Gabriel Wortman (“Wortman”), a 51-year-old denturist, was identified by several witnesses. 

On Sunday morning, a woman who had previously been in a relationship with Wortman emerged from the woods and explained that she had escaped from Wortman and hid in the woods until it was safe to emerge.  It seems that the deadly events began when Wortman assaulted this woman and she escaped.  She told police that the suspect was in possession of a fully modern and equipped replica RCMP vehicle, was wearing a police uniform and had several firearms, including pistols and long barrel weapons.

Wortman proceeded to go on a 14-hour killing spree, targeting individuals he knew and strangers in a string of small communities in central Nova Scotia.  There were 16 crime scenes along a 40-mile stretch north of the Bay of Fundy.  He set fire to five properties, including his own log cabin in Portapique. 

Wortman was traveling south near Shubenacadie, Nova Scotia, when he collided with a police cruiser.  He proceeded to exchange gunfire with Constable Heidi Stevenson, a 23-year veteran of the RCMP, and killed her.  He then set fire to both Stevenson’s vehicle and his own. 

Wortman then killed another individual and stole her silver Chevrolet Tracker.  When he finally stopped to fill up the car with gas, he was spotted by an officer in an unmarked cruiser.  Wortman was eventually killed following an exchange of gunfire with police at the gas station in Enfield, north of Halifax.

We have come to learn that Wortman had been previously convicted of assault in 2002 and received a conditional discharge.  He was ordered to undergo counselling for anger management and banned from possession of firearms, explosives and any prohibited weapons for nine months.  He was also ordered to pay a fine.

At this time, investigators continue to piece together details of Wortman’s rampage and how he was able to obtain the firearms used during his deadly attack, as well as the decals for his fake police car.  Police believe that one of the weapons can be traced back to Canada, but others may have been obtained in the United States. 

As information becomes available, we will continue to report changes in the law regarding firearms in Canada in this blog.

If you have been charged with a weapons offence or have any questions regarding your legal rights, please contact the experienced criminal defence lawyers at Affleck & Barrison LLP online or at 905-404-1947.  We offer a 24-hour phone service to protect your rights and to ensure that you have access to justice at all times.

More Than 300 Charges Laid in Human Trafficking Investigation ‘Project Convalesce’

Written on Behalf of Affleck & Barrison LLP

Earlier this month, York Regional Police laid more than 300 charges and arrested 31 people as part of “Project Convalesce”, a multi-provincial human trafficking and organized crime investigation.  Approximately 100 of these charges were related directly to human trafficking.

WHAT IS PROJECT CONVALESCE?

In October 2018, two female victims of human trafficking from Quebec contacted police after attempting to escape a hotel in Vaughan.  York Regional Police began an investigation focused on suspected pimp, Jonathan Nyangwila (“Nyangwila”).  Investigators identified a number of suspects involved in various crimes of human trafficking, fraud, drug trafficking and weapons offences run by organized crime.

Nyangwila, a 28-year old from Markham, also known as Zoulou or Skulls, has been described as the “kingpin” at the top of a complicated and sophisticated criminal hierarchy.  Underneath Nyangwila were several “figureheads”, including three of his brothers.  A group of “underbosses” were positioned under the figureheads.  There were several also “strikers” positioned under the underbosses, whose responsibility it was to carry out high-risk frauds in banks and stores. 

It is alleged that the suspected criminal organization made fake identifications to purchase pre-paid credit cards that were then used to pay for expenses to run the human trafficking scheme such as hotel fees, travel and food.

Inspector Thai Truong stated:

Jonathan Nyangwila has been identified as the kingpin of the organization.  … All below him are individuals that have their own stable of girls.  But for the first time, we’re actually seeing girls being traded within, and girls being controlled by other individuals for the benefit of the organization.

Nyangwila is facing more than 30 charges relating to human trafficking, instructing the commission of an offence for a criminal organization, participating in the activities of a criminal organization, uttering threats, firearms possession, harassment and fraud.  He was arrested in July, yet continued to run his criminal operation from jail.

On October 10, 2019, following a full year of police investigation involving four police services from Ontario and one from Quebec, arrest and search warrants were executed in more than 30 locations across the Greater Toronto Area and in Quebec.

Investigating officers identified 12 victims and have information that there are 33 additional women involved in the sex trade and found to be associated with the suspects.  Most of the women involved were from Quebec and had been transported to Ontario and across Canada for the purpose of the sex trade.  The victims ranged in age from 20 to their mid-30s.  The women were found to perform sex acts seven days a week, earning approximately $1,000 a day, and passing on these monies to those that individuals that controlled them.

This investigation remains active and ongoing as police are hopefuly that the 33 additional women will come forward to seek assistance and support. 

York Region Deputy Chief Brian Bigras stated:

These victims endured violent assaults, sexual assaults and other degrading circumstances as they were controlled by these violent criminals.

WHAT IS HUMAN TRAFFICKING?

According to the United Nations Office on Drugs and Crime, approximately 225,000 victims of trafficking have been identified worldwide between 2003 and 2016.

Human trafficking is a crime that exploits and manipulates women, children and men for the purposes of forced labour or sexual services.  Women are often the target of this crime. 

Those trafficking in humans often recruit and groom their victims by becoming a close friend or boyfriend.  Once traffickers lure their victims, they then coerce them into sex work, using psychological manipulation, threats, addiction, violence and isolation.

Police report that marginalized youth, Indigenous youth and youth experiencing homelessness are most often targeted.  Youth who struggle with low self-esteem, bullying, poverty, abuse and family issues are also pursued.

Traffickers often recruit girls online, at malls, high schools, libraries, group homes, bus stops, and parties at hotels.

Victims of this type of crime feel alone, isolated and trapped and have no way to return home.  They become entirely dependent on the trafficker to survive.

THE CRIMINAL OFFENCE OF HUMAN TRAFFICKING

Human trafficking is an offence found in the Criminal Code of Canada (“CC”) and the Immigration and Refugee Protection Act.

The CC includes four indictable offences to address human trafficking, including:

  • Trafficking in persons (section 279.01);
  • Trafficking of a person under the age of eighteen years (section 279.011);
  • Receiving financial or material benefit knowing it results from the commission of an offence under sections 279.01 and 279.011 (section 279.02); and 
  • Withholding or destroying documents (section 279.03). 

There are many other offences contained in the CC that also apply to human trafficking cases including kidnapping, forcible confinement, uttering threats, extortion, assault, sexual assault, prostitution related offences and criminal organization offences.

If you have been charged with human trafficking or a related charge or have any questions regarding your legal rights, please contact the experienced criminal lawyers at Affleck & Barrison LLP online or at 905-404-1947.  We have a 24-hour phone service for your convenience.  We are available when you need us most.