ARCHIVE - 2006-2007 Formative Evaluation of the Akwesasne Partnership Initiative for the period of January 2002 to December 2005

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Prepared for
Public Safety and Emergency Preparedness Canada

Prepared by
Government Consulting Services
Project No.: 570-2610

February 2007

Table of Contents

Annexes

[ * ] - In accordance with the Privacy and Access to Information Acts, some information may have been severed from the original reports.

Executive Summary

This report presents a formative evaluation of the Akwesasne Partnership Initiative (API), covering the period from January 2002 to December 2005.

The evaluation focused on three areas: Relevance, Success, and Cost-Effectiveness/ Alternatives. Eleven evaluation questions were identified, and data to answer these questions was gathered through document reviews and interviews. Interviewees included representatives of Public Safety Canada and the Joint Investigative Team (JIT), as well as representatives of Canadian and American law enforcement groups with which the JIT works. In addition, interviews were conducted with officials of the Akwesasne Mohawk Council, including the Grand Chief.

As is the case in any evaluation, there are some limitations with respect to the methodologies employed for the evaluation. The main limitation of the evaluation is the fact that while some quantitative information was provided through press release information and organized crime and tobacco control strategy reports, produced by the Officer-in-charge of the JIT, these reports did not always contain consistent information, and did not always include information up to the date of the evaluation. As these reports provided the only quantitative information from the initiative, the inconsistencies and missing information have a significant impact on the evaluation. As a result, we were not able to draw conclusions based on these reports and instead had to rely on information provided during interviews.

Relevance:
When examining the relevance of the API it is clear that organized crime activity in and around the Mohawk Territory of Akwesasne continues to be a critical issue. As well, the API aligns to government objectives and to commitments made in recent years by the Government of Canada through Speeches from the Throne and in the National Agenda to Combat Organized Crime. The API also supports the Federal Tobacco Control Strategy through its focus on tobacco smuggling.

Success:
As mentioned above, quantifying the impact of the initiative was not possible. While some information was available illustrating results of the initiative, for the most part information obtained through interviews was the basis for many of the findings.

According to interviewees, the initiative is being successful in achieving its expected outcomes. Specifically, based on information gathered during the interviews:

As mentioned, quantifying the impact of the JIT on organized criminal activities and on tobacco smuggling was not possible for this evaluation. Although reports to PS on the nature and scope of organized crime and tobacco contraband activity in and around Akwesasne is provided by the JIT, some of the reports for the evaluation period were missing, and of those that were provided some contained only narrative information and no structured, quantitative information. Therefore, while some information is available, it could not be used to quantitatively report on outcomes of the JIT.

The extent to which the API is having an impact on organized crime at a level higher than the ‘couriers’ is unclear. It appears that given the resources of the JIT, they are not able to apprehend anyone other than the ‘runners’ who are carrying the contraband product across the border. Interviewees suggested, however, that when making arrests at this level the JIT is able to gather information that may be useful to other law enforcement organizations mandated to target individuals at higher levels within the organized crime groups.It should also be noted that it is not the mandate of the JIT to apprehend individuals at higher levels, but rather participate in joint forces operations, such at the Combined Forces Special Enforcement Unit (CFSEU) and the Integrated Border Enforcement Teams (IBET) thereby making the AMP/JIT a vital player in combating organized criminal networks

One of the evaluation questions examined whether or not JIT outreach activities have increased youth awareness with respect to the criminality of smuggling. While JIT members are involved in outreach activities, it is difficult to assess whether behavioural changes in youth, or changes in awareness levels, can be attributed to these outreach activities. Many of the outreach activities tend to be of a sporting nature and there is no evidence of the outreach activities being used as a venue to communicate a message regarding the criminality of smuggling.

Few unintended impacts were identified. Two positive unintended impacts identified by interviewees were: the knowledge and skills transferred to AMP officers who work with the JIT, and increased credibility of the AMP. As well, one possible negative impact cited in the interviews relates to the arrests of a number of young, typically male, Mohawks, who act as the ‘runners’ or ‘couriers’ for organized crime groups. Although not solely a result of the initiative, the concern is that this generation of Mohawk youth is becoming ‘criminalized’.

Cost Effectiveness / Alternatives:
No alternative approaches were identified that would be more effective in meeting the objectives of the API. However, several suggestions were put forward to improve the API. The most commonly identified improvement was additional funding for more resources – human resources and equipment.

Recommendations:
A number of recommendations were presented. They are:

1.0 Introduction

This report presents a formative evaluation of the Akwesasne Partnership Initiative (API), covering the period from January 2002 to December 2005. It is organized in three chapters: Chapter 1 provides the general background, objectives and methodology for the study; Chapter 2 presents our findings, organized in relation to the Evaluation Matrix; and Chapter 3 provides a short summary of key conclusions and recommendations.

1.1 Background

Criminal elements in and around the Mohawk Territory of Akwesasne exploit the fact that the reserve straddles the Canada-United States and Ontario-Quebec borders. Criminal elements use the territory as a transit point for contraband commodities, including illicit tobacco. The Mohawk Territory of Akwesasne faces very difficult challenges in that the community is divided by the location of the Ontario/Quebec inter-provincial boundary and the Canada/U.S. international border. Criminal organizations have historically sought to exploit the community’s geographic location, and as a result, the impacts of smuggling operations involving illegal migrants, drugs, tobacco, alcohol, firearms and other commodities have been significant and far-reaching.

Since 1997, the Akwesasne Mohawk Police (AMP) and RCMP have been working together in an informal capacity, in partnership with other law enforcement agencies to conduct effective investigations and prosecutions, collect and share intelligence, promote joint law enforcement and crime prevention initiatives. The AMP and law enforcement partners in the area have long recognized that there is a need for all jurisdictions to work together to develop innovate partnership approaches to policing services, particularly to stem the conduct of illegal activities (much of which is cross-border) by criminal elements operating outside of and within the Mohawk Territory of Akwesasne.

In response to these concerns, the Government announced new measures to fight cross-border crime on February 28th 2002. This announcement included the investment of $4.6 million to enhance the capacity of the AMP in Canada’s integrated, multi-jurisdictional approach to stemming criminal activities in and around the region. The funding allowed the AMP to increase their presence in the Mohawk Territory of Akwesasne, through the establishment of a Special Investigations Unit also referred to as the Joint Investigative Team (JIT). This enabled a more proactive role for the service in collaborative law enforcement efforts, as well as allowed the AMP to strengthen its partnership efforts with Canadian and American counterparts to address these and other law enforcement challenges. The focus of the JIT is organized crime. As is the case with most smaller, community-based policing units, the AMP does not usually undertake its own organized crime-related activities. The AMP is, however, involved in these types of activities through its participation on the JIT. See Annex A for an API logic model.

The JIT was funded through the Measures to Combat Organized Crime (MCOC) Initiative and additional funding from the Federal Tobacco Control Strategy. [ * ].1 :

The JIT, a unit within the AMP, is located in the AMP building, on the second floor and consists of one Officer-in-Charge from the AMP, 5 AMP members and 2 RCMP members. The two RCMP members come from the Cornwall and Valleyfield RCMP detachments. However, at the time of writing this report, the Valleyfield RCMP detachment position in the JIT was vacant3. JIT members work with other “partner” law enforcement agencies, such as the Cornwall Police, the Ontario Provincial Police, the St. Regis Tribal Police, and other federal and provincial policing units from the United States and Canada, as required for specific investigations or operations. Given the attractiveness of the Akwesasne area for cross-border and organized crime, the AMP cannot effectively act alone. Through partnering with other area law enforcement agencies, the AMP is able to access additional resources (human resources and equipment) to tackle crime in the area.

A contribution agreement between Public Safety Canada (PS) and the Akwesasne Mohawk Council for the AMP provides the basis for the initiative. The contribution agreement, which was signed in October 2001, provides for the transfer of funds from PS4 to the Akwesasne Mohawk Council for the AMP. Funding, for the purpose of the operation of the JIT, was up to $1M per year, with ongoing funding at $950 K from 2005/2006.

Since the establishment of the Central St-Lawrence Valley Integrated Border Enforcement Team (IBET)5, officers from the AMP have played a significant role: first as founding members of the IBET, and in the day-to-day operation, working in partnership with Canadian and American police and law enforcement agencies. The AMP, as represented by the JIT, is one of 11 members of the IBET.   

1.2 Objectives and Scope

Consulting and Audit Canada (CAC)6 was asked to:

 This report presents the findings of the evaluation of the API.

1.3 Approach and Methodology

Using the finalized evaluation matrix, CAC conducted the evaluation. The following were the main activities undertaken, beginning in October 2005, to perform the evaluation, and to complete this report:

  1. Document Review:
    For a complete list of the documents reviewed, see Annex B. 
  2. Health Canada Meeting:
    CAC met with representatives of Health Canada (HC) to identify HC’s evaluation needs with respect to the Federal Tobacco Control Strategy. 
  3. Development of the Evaluation Matrix:
    The information from the document review and the meeting with Health Canada were used to identify: the expected outcomes that the Canada/API is expected to achieve; the associated evaluation issues and questions; data sources; and, methodologies necessary to evaluate this partnership. (See Annex C for a copy of the Evaluation Matrix.)
  4. Development of the Data Gathering Instruments:
    Following confirmation of theevaluation matrix, CAC developed the list of interviewees and the related interview guides; identified outstanding data requirements and the means by which they will be addressed; and, scheduled interviews with participants.
  5. Interviews:
    Using the developed guides, CAC conducted 19 interviews (some in person and others by telephone) with representatives of PS and the JIT, as well as with representatives of Canadian and American law enforcement groups with which the JIT works, including: the AMP, RCMP, the Ontario Provincial Police (OPP), the Cornwall police, and the St. Regis Tribal Police. In addition, interviews were conducted with officials of the Akwesasne Mohawk Council, including the Grand Chief. Interview guides were provided to interviewees in advance of the interviews. (For a listing of those interviewed, see Annex D. A copy of the interview guides can be found in Annex E.) 
  6. Quantitative Data Gathered:
    CAC developed a list of required data for the evaluation, to be obtained as possible from the JIT, RCMP, or other sources. This list was provided to PS who was the point of contact for obtaining this data. 
  7. Data Analyzed and Report Produced:
    Using information gathered during the interviews and any quantitative data available, CAC analyzed the findings according to each evaluation issue and produced the evaluation report.

Limitations:
As is the case in any evaluation, there are some limitations with respect to the methodologies employed. A potential issue with respect to the methodology relates to the sample sizes. There were 19 interviews conducted for this evaluation, and this was the main method used to gather data. No other methods, such as surveys or focus groups, were used. Although, this may seem to be a small number of interviews, those interviewed represent almost all the key staff and partners, and included representation from within and outside the JIT, from numerous policing agencies, and a representative from the Akwesasne Mohawk Council. The number of interviews conducted was considered appropriate, by the consultants, given the size of the initiative.

Additionally, while some quantitative information was provided through organized crime and tobacco control strategy reports, produced by the Officer-in-charge of the JIT, and press release information, these reports did not always contain consistent information, and did not always include information up to the date of the evaluation. As these reports provided the only quantitative information from the initiative, the inconsistencies and missing information have an impact on the evaluation. As a result, we cannot draw conclusions based on these reports and instead have had to rely on information provided during interviews.

2.0 Findings

This chapter of the report presents our findings, organized according to the three general issues covered in the evaluation: relevance, success, and cost effectiveness/alternatives.

2.1 Relevance

One of the major questions addressed in an evaluation is the extent to which the program or initiative under study continues to “make sense”; that is, are the objectives and mandate still relevant to government responsibilities and priorities. The API evaluation matrix included two questions related to this issue:

Q.1     To what extent does organized crime continue to be a threat in and around the Mohawk Territory of Akwasasne?

Conclusion: Organized crime activity in and around the Mohawk Territory of Akwesasne continues to be a critical issue. Akwesasne’s geographic location and physical landscape make it an ideal location for cross-border criminal activity and organized crime. The community is unique in that it is intersected by the boundaries of two provinces (Ontario and Quebec), and it straddles the border of Canada and the United States. This creates jurisdictional challenges for the law enforcement agencies that work in the area. There is a great deal of smuggling of tobacco, drugs and, to a lesser extent, weapons. The level of organized crime and cross-border criminality is reportedly overwhelming in this area. As well, organized crime groups in the Akwesasne area are reportedly becoming more sophisticated in their activities.

Findings
The geography of the Akwesasne area provides an ideal location for organized crime and other cross-border criminal activity.  The community is unique in that it is intersected by the boundaries of two provinces (Ontario and Quebec), and it straddles the border of Canada and the United States. This creates jurisdictional challenges for the law enforcement agencies that work in the area. As well, the physical layout of the Akwesasne area holds advantages for organized crime groups. There are many small channels and waterways that provide criminals the opportunity to hide from and avoid law enforcement vessels. During the winter, the frozen waters of the St. Lawrence River create “ice bridges” that allow automobiles and snowmobiles to cross the border in many places, without using roadways. Finally, the relatively close proximity of the Akwesasne area to major urban centres, such as Ottawa, Montreal, Toronto, and Syracuse, New York, makes it attractive to organized crime groups for expediting the movement of contraband further inland.

Interviews conducted with individuals working in the JIT, as well as with other stakeholders and partner organizations, indicate that organized crime activity in and around the Mohawk area of Akwesasne continues to be a critical issue. A large amount of smuggling takes place through Akwesasne, involving various types of commodities. Given its close proximity to cigarette manufacturers located on the U.S. side of the Akwesasne Mohawk Territory, Akwesasne is an attractive location for the smuggling, into Canada, of contraband tobacco produced by these facilities. One interviewee speculated that, “90% of Native cigarette manufacturing in the U.S. is heading to Canada.” Some proportion is believed to be through smuggling activities.

High tobacco excise taxes in the early 1990s resulted in the establishment of a smuggling “infrastructure” through Akwesasne. These established routes are now used for whatever commodity currently has the highest value, or “profit” attached to it. Smuggling cases still typically involve tobacco coming north into Canada, while marijuana is a common commodity smuggled south into the U.S. As noted by one interviewee, tobacco smuggling tends to act as a starting point for other types of contraband. A relationship is built between the smuggler and the client, and the cross-border criminal activity then moves to other commodities such as weapons or hard drugs (e.g., cocaine). The movement of illegal migrants between Canada and the United States was also raised as a potential issue, given the geography of the area. However, interviewees indicated that there has not been a great deal of this type of crime in the Akwesasne area during recent years.

It is generally believed that organized crime is involved in the smuggling activities. Traditional organized crime groups, Asian organized crime groups, and outlaw motorcycle gangs are reportedly operating through First Nations communities close to the Canada-US border. Moreover, there is the potential that inter-relationships are being established between different crime groups. Organized crime in and around the Mohawk Territory of Akwesasne is also reportedly involving more First Nations people. Several interviewees suggested that, more and more, Akwesasne residents are becoming involved in the organized crime groups, and at younger ages than was previously the case. The lure of “easy money” draws in the youth. Most of those interviewed suggested that First Nations communities are being exploited by external criminal organizations. However, one interviewee suggested that, although it used to be First Nations people trafficking for the benefit of these organized crime groups, First Nations organized crime is now a group unto itself.

Most interviewees agreed that the level of organized crime and cross-border criminality in the Akwesasne area is overwhelming. Whenever law enforcement agents arrest one criminal, there are several others ready to step in and take over. Several interviewees also reported that organized crime groups in the Akwesasne area are becoming more sophisticated in their activities. They adapt their practices and behaviours in response to law enforcement actions, making it a constant challenge for law enforcement.

Q.2     Is the API consistent with current government objectives, the national agenda to combat organized crime and the Federal Tobacco Control Strategy?

Conclusion: The Government of Canada has over the past several years re-iterated a commitment to ensuring the safety and security of Canadians. As well, in 2000, the Ministers Responsible for Justice endorsed the National Agenda to Combat Organized Crime, recognizing organized crime as a national priority. The API, whose purpose is to address cross-border criminality with a focus on organized criminal activities, aligns to the commitments made in the Speeches from the Throne over the evaluation period and in the National Agenda to Combat Organized Crime. As well, the design of the API bolsters the initiative’s ability to deliver on these commitments due to its partnered approach. Finally, the Federal Tobacco Control Strategy outlines the Government’s commitment to control tobacco products and to minimize their negative effects on Canadian society. The API through its focus on tobacco smuggling supports this strategy.

Findings
The Government of Canada has over the past several years re-iterated its commitment to ensuring the safety and security of Canadians. This commitment has been declared in successive Speeches from the Throne, and has been demonstrated through a variety of federal efforts, including: the creation of Public Safety and Emergency Preparedness Canada; initiatives funded under the Measures to Combat Organized Crime (MCOC) Initiative; the Federal Tobacco Control Strategy (FTCS) that includes an enforcement component; and Public Security and Anti-Terrorism (PSAT) funding. In the Speech from the Throne to open the 2nd Session of the Thirty-Sixth Parliament of Canada (October 12, 1999), the government committed to “work to combat criminal activity that is becoming increasingly global in scope, including money laundering, terrorism, and the smuggling of people, drugs and guns.” In addition, a commitment was made to “strengthen the capacity of the RCMP and other agencies to address threats to public security in Canada and work with enforcement agencies of other countries”; and to “continue to work closely with the Government of the United States to modernize our shared border for the 21st century.”7 Since that date, each successive Speech from the Throne has identified safety or security as a priority, beginning with the Speech from the Throne to open the 1st Session of the Thirty-Seventh Parliament (where the government committed to focus on safeguarding Canadians from new and emerging forms of crime; take aggressive steps to combat organized crime, and enhance law enforcement tools to deal with emerging threats to security) and ending with the most recent Speech from the Throne of April 4, 2006 where the government committed to ‘tackling crime’.8

In 2000, the Federal, Provincial and Territorial (FPT) Ministers Responsible for Justice endorsed the National Agenda to Combat Organized Crime. “The National Agenda recognizes that the fight against organized crime is a national priority that requires governments and the law enforcement community to work together.”9 A body of FPT government officials, prosecutors, and representatives from the law enforcement community, known as the National Coordinating Committee on Organized Crime, assists in the development and implementation of the National Agenda. A number of key priority areas are set out in the National Agenda, including: illicit drugs; outlaw motorcycle gangs; economic crime; money laundering; trafficking in human beings and migrant smuggling; and, street gangs.

The purpose of the API is to address cross-border criminality with a focus on organized criminal activities such as the smuggling of contraband drugs, tobacco and alcohol and illegal migrants, aligns to the commitments made in Speeches from the Throne over the evaluation period and in the National Agenda to Combat Organized Crime. As well, the design of the API bolsters its ability to deliver on these commitments by allowing AMP officers to partner with other law enforcement agencies. This maximizes available intelligence and resources, and increases capacity building as a result of training and on-the-job experiences.

The Federal Tobacco Control Strategy (FTCS) outlines the Government’s commitment to control tobacco products and to minimize their negative effects on Canadian society. Although the FTCS does not specifically discuss tobacco-related smuggling activities, it does highlight a need for integrated, national and provincial, approaches and to work together with partner organizations. As well, a major focus of the FTCS is to target Inuit and First Nations communities on reserves where smoking prevalence is high. The FTCS also notes that “taxation has been proven to be effective in reducing consumption”. Therefore, reducing illegal contraband tobacco entry into, and sale within, Canada is necessary to support the tax deterrent.

2.2 Success

Q.3      To what extent do amp officers involved in the initiative have enhanced knowledge and understanding of organized crime issues and tools?

Conclusion: According to interviewees, individuals who are part of the JIT have enhanced knowledge and understanding of organized crime issues and tools, as a result of their participation in the unit and the training that they have received. There is a high level of satisfaction with the training JIT members have received, particularly with the more operational skills training such as interviewing and interrogation. However, with regards to training on Bill C-24, An Act to Amend the Criminal Code (Organized Crime and Law Enforcement) and to make consequential amendments to other Acts (hereafter called Bill C-24), many of the JIT members did not have in-depth knowledge of the provisions in the Criminal Code.

The nature of the cases undertaken by the JIT and the joint forces operations they are involved in, has allowed participating officers to enhance their skills. JIT members’ exposure to law enforcement officers from other organizations, and the methods used by these officers, allows them to increase their knowledge of effective approaches and activities to combat organized crime.

Recommendation: Members of the JIT should be provided with training on Bill C-24, and how its provisions may impact the fight against organized crime in and around Akwesasne. Due to the difficulties encountered by JIT members in finding time to take training, and the impediments to sending numerous team members on training at the same time, it is recognized that it may take some time to be able to have all JIT members trained on C-24. However, a plan should be put in place to ensure that all members are eventually provided this training.

Findings
JIT interviewees identified a wide variety of training that has been taken by JIT members, including training in: drug investigation and enforcement, interviewing, interrogation, major crime investigations, surveillance, source-handling, infra-red thermography, marine issues, and management. As well, interviewees pointed out that the opportunity to take training at police colleges, such as the Ontario Police College in Aylmer, Ontario, or at the Canadian Police College in Ottawa, provides an opportunity to network and learn from other, more experienced officers.

JIT members also mentioned they have learned new skills through informal training and through on-the-job training. Interviewees indicated that they have gained expertise that they would not have gained if they had not been members of the JIT. Due to the nature of the cases they work on, JIT members have developed broader skills. JIT members have had the opportunity to work on major files involving US law enforcement, and on files extending to Toronto and Montreal. JIT members’ skills have improved through day-to-day partnering with organizations such as the RCMP, OPP, State Police, US Border Patrol, Federal Bureau of Investigation (FBI), and the St. Regis Mohawk Tribal Police; and through their participation on the Combined Forces Special Enforcement Unit (CFSEU) and with the Cornwall IBET. By working with these organizations, they have learned skills from them, and have also learned how these organizations operate.

In addition, as noted by one interviewee, regular AMP officers outside of the JIT are also benefiting from the training received by JIT members. Knowledge is often passed on informally from JIT members to AMP members when they have the opportunity to work together. JIT members routinely support the work of regular AMP officers, as they are frequently called upon to assist with interviewing, and are also asked to help in the preparation of warrants.

There is a high level of satisfaction, among JIT members, with the training received. All of the JIT members interviewed indicated the quality of the training has been good. According to a couple of interviewees, the course on interviewing and interrogation was particularly good. JIT members also indicated that they have been able to apply the skills they have learned through the training and their on-the-job experience. According to one interviewee, the benefit of the interview techniques course is evident in an increased number of interviews conducted by JIT members, improved diligence in conducting the interviews, more persistent interrogation and staying on track during the interviews. This has reportedly resulted in more statements than before and more information and intelligence gathered.

JIT members and stakeholders did note that given the workload of the unit, it is difficult for members to find the time to take training. Nonetheless, other areas of training identified as potentially useful were:

Interviewees were specifically asked about training on Bill C-24. Bill C-24was passed on June 13, 2001 and strengthens the ability of law enforcement officers and prosecutors to fight organized crime. Specifically, the Act makes participation in a criminal organization an offence, improves the protection of people in the criminal justice system from intimidation, simplifies the definition of “criminal organization”, expands the proceeds of crime provisions to apply to most indictable offences, and provides protection for law enforcement officers from criminal liability when they commit certain acts that would otherwise be considered illegal during the course of an investigation.

While interviewees indicated they were satisfied with the current level of training, when asked specifically about training on Bill C-24, a couple of the JIT interviewees were not familiar with the provisions of the Act and those who indicated they are familiar with C24 provisions provided inaccurate examples of how the provisions are applicable to the JIT, further underlining the fact that they do not understand the provisions. Only a couple of the JIT members have received training on Bill C-24.

Q.4      Has the API improved the detection, targeting and investigations of organized crime offences and organizations?

Conclusion: The API has reportedly improved the detection, targeting and investigations of organized crime offences and organizations, through the leveraging of resources from the various organizations, and through improved, timely sharing of information and intelligence. Due to the overwhelming volume of smuggling activities in the Akwesasne area, no single partner is able to effectively control it. Working together and sharing information is essential. Interviewees indicated that in the past JIT members have participated in IBET weekly intelligence meetings, however recently attendance by a JIT representative has been characterized as “spotty”.

10 Ultimately, impacts on the community can only be measured over time.

Recommendation: The JIT must re-institute its annual reporting to PS in order to comply with the requirements of the Canada/Akwesasne contribution agreement. In addition, PS and the AMP should jointly examine the reporting requirements, and identify the performance indicators necessary to measure the effectiveness of the API in terms of detecting, targeting and investigating organized crime offences and organizations.

Recommendation: The API partners should work with the local IBET unit to resolve the issue of JIT’s attendance at the weekly IBET meetings.

Findings
According to the contribution agreement11 between the government (PS, previously the Department of the Solicitor General Canada) and the Mohawk Council of Akwesasne, annual reports are to be submitted by the AMP’ JIT that describe the nature and scope of joint forces operations (JFOs) in which the AMP participated or led, lessons learned, other related intelligence/information, and a description of the changing role of the AMP through participation in joint forces operations and related investigations of cross-border criminal activity.12 While some of these reports were submitted, the last report made available for this evaluation was for the period ending March 2004. Therefore, while some information is available, it only covers slightly over a two-year period.

Table 4.1 below, provides a count of the number of JFOs that the AMP either led or participated in, as well, as the number that had IBET involvement, and the number of charges laid. Statistical information about the number of, and value of seizures, is not part of the regular Akwesasne reporting.

Table 4.1 JIT Organized Crime Reported Statistics

Table 4.1
JIT Organized Crime Reported Statistics

 

2002

2003

2004*

# of JFOs that had AMP JIT participation

43

56

11

# of JFOs that AMP JIT lead

31

32

7

# of JFOs that had IBET involvement

56

59

11

# of charges laid

57

88

44

* - Note: the figures for 2004 are for the months of January to March 2004 only

As illustrated by the table, the AMP involvement in organized crime investigations increased from 2002 to 2003. As well, the number of charges laid, under the Criminal Code or the Controlled Drugs and Substances Act, in relation to these investigations increased significantly.

The reports submitted also included narrative description of the results achieved. The reports indicate that the JIT members worked with a large number of different policing agencies on the joint forces operations. One of the earlier reports specified that the JIT members had worked with 12 different policing agencies throughout the six-month reporting period. The reports also described numerous seizures obtained as a result of JIT activities, including seizures of marijuana, cocaine, US and Canadian dollars, vehicles, vessels and weapons.

According to individuals interviewed, the JIT has led to improved detection, targeting and investigations of organized crime groups and offences. Interviewees stated that the JIT has contributed to investigative capacity of the team members, by giving access to experienced resources from different organizations. Some individuals indicated that as a result, the skills and abilities of JIT membershave increased, enabling them to undertake higher-level investigations. However, the extent to which this is happening is debatable. Some interviewees noted that the investigations by the JIT tend to focus on the runner level, and specifically on tobacco-related offences, rather than more broadly targeting higher-level organized crime. (Information in the semi-annual reports submitted by the AMP was not detailed enough to support or refute this claim.) However, these interviewees did admit that the information obtained through these investigations could be used to build up cases by other agencies targeting the middle to upper echelon of organized crime groups.

Interviewees also suggested that there is improved detection and targeting as a result of the secondment of AMP officers into and out of the JIT, and the partnerships developed with other law enforcement agencies. For example, one JIT member has been working with the CFSEU, an RCMP-led organized crime task force in Cornwall, for over 2 years and as a result has gained a great deal of experience. JIT members also indicated that their skills have improved due to their work with the RCMP and the OPP, and other organizations such as the US Border Patrol, the FBI, New York State Police and St. Regis Mohawk Tribal Police. Two of the JIT interviewees also pointed out the importance of learning how different organizations do things.

Stakeholder interviews corroborated the statements made by the JIT members. In addition, stakeholders noted that one of the main benefits of the API, in relation to targeting, detecting, and investigating cross-border crime, is that the agencies involved are able to leverage their resources through their partnerships. As mentioned previously, the geography of the Akwesasne region makes it a haven for organized crime. Given the enormity of the problem, the AMP cannot effectively act alone. Through partnering with other area law enforcement agencies, the AMP is able to access additional resources (human resources and equipment) to address the problem, and to undertake specific enforcement actions, as needed. For example, several interviewees noted that in the small community of Akwesasne everyone knows everyone else. This can make surveillance difficult. However, through the JIT, the AMP may have access to a vehicle not readily recognized. Other JIT partnersalso rely on the fact that the AMP members can more easily fit into the community and understand what goes on there. Additionally, by working together as part of the JIT, partner organizations are less likely to duplicate efforts. Finally with regards to leveraging resources, several interviewees mentioned the benefit of having, within the JIT, access to the RCMP databases.

Interviewees also noted that as a result of the JIT partnerships, they have expanded their networks, which has in turn increased the amount of information to which they have access. Several interviewees noted that as a result of the JIT, their organizations now have connections to a number of other law enforcement organizations, which makes communication easier. Individuals now know whom they can call in these other organizations, and what they can do to assist each other. Contact with these other organizations brings access to information they might not otherwise have. Connections with these organizations in both Canada and the United States, provides access to a wealth of additional contacts. Interviewees also pointed out that as a result of this networking, agencies in other jurisdictions have a better sense of what is going on in Akwesasne.

Interviewees also noted that the relationships built as a result of the JIT have lead to improved trust between organizations that participate in the JIT and with other partners with whom the JIT members interact on joint forces operations. This improved trust leads to better, and more timely, sharing of information and intelligence. Prior to the JIT, there were no protocols for sharing information with the various organizations. As a result of the JIT, there has been an increase in the communications and sharing of information amongst partner law enforcement agencies, both Canadian and American, since individual enforcement officers now have contacts in partner organizations and know who they should contact and when they should be contact them. Interviewees also pointed out that the JIT has established direct radio contact with most, if not all, IBET partners.

Interviewees noted that the quality of the information and intelligence shared varies from case to case, although for the most part, interviewees reported that the quality is good and the information shared is helpful. The JIT is valued by other enforcement agencies because of their intimate knowledge of Akwesasne, their ability to identify individuals and confirm information relating to individuals. AMP JIT members also have access to information not readily available to enforcement organizations that are not a part of their community. For example, members are able to recognize associations between individuals within the community. As well, several interviewees noted that the JIT has led to an increase of the AMP’s credibility in the eyes of other enforcement organizations.

Several interviewees pointed out that the JIT participates in weekly IBET intelligence meetings where information and intelligence is shared with a broader range of organizations, leading to collaboration with these organizations. However, the consistency of the JIT participation in these weekly meetings was an area of concern for several interviewees. Although according to interviewees, the JIT attendance at these meetings has been better recently, some interviewees noted that in the past their participation has been somewhat “spotty”.

Q.5      To what extent has this initiative enhanced partnerships between the AMP and other stakeholders?

Conclusion: According to interviewees, partnerships between the AMP and other JIT members have been enhanced through more frequent contact, heightened credibility and enhanced competence in the investigations. New partnerships between both Canadian and American partners who interact with the JIT have also been credited to the JIT. The benefits reported as a result of these new and improved partnerships include: improved, timely communications and sharing; increased knowledge; improved skills; and, access to partner resources and to previously hard-to-reach individuals or groups.

Findings
This evaluation question included an examination of two different types of partnerships – those between members of the JIT, and those between JIT members and other enforcement agencies. The establishment of the JIT has brought together AMP and RCMP officers into a co-located location, working jointly on investigations and enforcement actions. This type of arrangement would typically lead to new and/or improved partnerships between participating JIT members. However, interviewees indicated that many of the partnerships currently in existence between JIT partners already existed prior to the establishment of the JIT.

With regards to partnerships between JIT members and other law enforcement agencies, as illustrated by Table 4.1 in Question 4 above, the JIT was involved in numerous joint forces operations between January 2002 and March 2004. This is supported by press release information provided for the evaluation. In several cases the press releases made note of the value of the various police forces working together to combat organized criminal activity. Working on joint forces operations enhances partnerships due, in large part, to the personal connections made by the officers. Interviewees noted that the partners worked on joint forces operations prior to the JIT. However, most interviewees asserted that the partnerships have been enhanced through more frequent contact, heightened credibility of the JIT and enhanced competence in the investigations. Prior to the JIT, information was not systematically shared, but was more ad-hoc or investigation specific. The personal, more regular contact that has come about as a result of the JIT has strengthened the partnerships.

Several of the interviewees did indicate that new partnerships have been established as a result of the JIT. Through the JIT, the AMP has partnered with the following organizations: US Border Patrol and Customs; US Coast Guard; the CFSEU and other integrated RCMP teams; the Provincial Weapons Enforcement Unit (PWEU); the US Drug Enforcement Agency (DEA); and, the Federal Bureau of Investigation (FBI). Interviewees also indicated that the JIT is a member of the IBET joint management team, resulting in enhanced relationships with the IBET partners. As well, one interviewee indicated that a new partnership with the Sûreté du Québec (SQ) is emerging. The SQ has a liaison officer coming to Akwesasne approximately once a month. One interviewee did suggest, however, that partnerships could be further enhanced if more of the new law enforcement partners were co-located in the JIT.

According to interviewees, the benefits of these new or enhanced partnerships have been:

Q.6   Is there evidence that the initiative is making a contribution to disrupting and dismantling organized crime activities in and around the Mohawk Territory of Akwesasne?

Conclusion: The API is contributing to the disruption of organized crime activities in and around the Mohawk Territory of Akwesasne. JIT interviewees agree that the unit is having an impact; however their impact is limited due to the sheer volume of organized crime activities taking place in the area, and the current investment to attack the problem. Interviewees contend, however, that if it were not for the JIT, the situation in Akwesasne would be even worse than it is. Interviewees suggest that the JIT has an impact on organized crime groups since it is now more difficult for them to operate in the Akwesasne area, and as a result criminal organizations incur higher costs.

The extent to which the API is having an impact on organized crime at a level higher than the ‘couriers’ is less clear. It appears that given the resources of the JIT, they are not able to apprehend anyone other than the ‘runners’ who are carrying the contraband product across the border. It should be noted that pursuing organized crime and the middle and upper echelons is not the JIT’s mandate. However, their participation will contribute to the overall efforts of the RCMP, in partnership with the AMP in the context of the CFSEU, which has a mandate to pursue middle to upper echelon organized crime targets.  

Findings
It is impossible to quantify the extent to which the API has disrupted and dismantled organized crime activities in and around Akwesasne, as it is not possible to differentiate between the effect the API has had on organized crime activities and that of other activities undertaken by the various police and law enforcement agencies in the area, as well as the community. As well, to provide a quantifiable answer to this question we would need to know the total volume of organized crime activities in the Akwesasne area. This information is not available. However, in spite of this challenge, future collection of specific performance data (such as, for example, number of arrests, number of charges and types of charges, number of seizures and amounts of seizures) could provide some measurement of the impact of the API. For this evaluation the data available to measure impacts comes mainly from interviews, and press releases provided for the purpose of the evaluation. Indications from these sources suggest that the API is having an impact.

All those interviewed who work in the JIT indicated that they believe the unit is having an impact on organized crime. However, they have indicated that the sheer magnitude of the organized crime problem in Akwesasne and the comparatively insignificant investment to effectively combat the issue has limited the impact of the initiative. JIT member and stakeholder interviewees agreed that there is always someone ready to step in and replace anyone who is arrested. For many, the potential pay-off for smuggling activities far outweighs the associated risks. As well, several interviewees noted that it is difficult to combat criminal activities in the Akwesasne area because the community is fairly small and everyone knows each other. Interviewees indicated that while there is no evidence that the JIT has decreased the amount of organized crime activities in Akwesasne, they suggest that if the JIT did not exist the situation would be even worse. As well, interviewees purported that the results achieved, in terms of seizures and arrests, demonstrate that the JIT is having an impact on organized crime.

With regards to the level of organized crime the JIT is impacting, as mentioned in Question 4 above, many interviewees indicated that for the most part, the JIT is able to only stop the ‘couriers’ or ‘runners’ who are carrying the contraband product across the border. However, by making arrests at this level the JIT is able to gather information that may be useful in targeting individuals at higher levels within the organized crime groups. As noted by one interviewee, “anytime you take down anyone there is an opportunity to break up the organized crime group, and to get information needed to go after someone at the higher level”. The mandate of the AMP is to perform a community policing service. The intent of the API initiative is to enable the AMP to participate in joint forces operations with the RCMP and other organizations to target cross-border criminality with a focus on organized crime. It is the mandate of the RCMP and other senior police services to target middle- and upper-echelon organized crime. Currently, information obtained by the JIT members is passed on to these other law enforcement organizations that are mandated to target the higher-levels of criminal organizations. Interviewees indicated that if there was a desire for the API to have a greater impact at the higher level, the JIT would need more funding to enable them to participate on longer projects including conducting surveillance and undertaking wiretaps. Some interviewees did suggest however that the JIT could partner more efficiently with other organizations, such as the RCMP-led Montreal Integrated Proceeds of Crime unit, which could lead to the JIT focusing more on organized crime groups rather than the runners as may be the case now.

Interviewees did agree that the API has made it more difficult for organized crime groups to operate in the Akwesasne area. Over one third of the interviewees indicated that the existence of the JIT has increased the costs of doing business for the organized crime groups operating in the area. For instance, to successfully undertake smuggling activities in Akwesasne, organized crime groups now have to invest resources in counter-surveillance of the AMP and JIT members. Organized crime groups also have modified their operations to include more sophisticated communications methods and equipment; including the purchase or development of alarms and “booby-traps” to deter law enforcement efforts. Finally, interviewees pointed out that JIT efforts force organized crime groups to change smuggling routes and locations, which results in additional costs for these groups.

Q.7      To what extent is there increased knowledge and awareness of the nature and scope of contraband tobacco activity in and around the Mohawk Territory of Akwesasne?

Conclusion: It is not possible to quantify the extent to which the JIT has increased knowledge and awareness of the nature and scope of contraband tobacco activity in and around Akwesasne. Although a semi-annual report to PS on the nature and scope of tobacco contraband activity in and around Akwesasne is provided by the JIT, some of the reports provided, for the period of the evaluation, contained only narrative information and no structured, quantitative information. Therefore, while some information is available, it cannot be used to quantitatively report on tobacco-related outcomes of the JIT.

However, based on interviews, there is increased knowledge and awareness of contraband tobacco activity in the Akwesasne area. While the availability and exchange of information between API partners has improved, it is impossible to know the extent to which this is as a result of the JIT. Interviewees, both from within the JIT and from partner organizations, did however note that their involvement with the JIT increases knowledge and awareness of contraband tobacco activity, since their organizations have access to the databases of the various partner organizations, and in particular to the databases of the RCMP. (The RCMP has jurisdiction regarding contraband tobacco and is the AMP’s main law enforcement partner in this area.) However, one interviewee did indicate that since there has not been an RCMP officer from Valleyfield in the JIT, there is less flow of communications from Quebec.

Interviewees also pointed to the existence of JIT-related headlines and articles in local newspapers, and praise from community members, as evidence of an increased knowledge and awareness in the Akwesasne area.

Recommendation: PS and the AMP should jointly examine the reporting requirements, and identify the performance indicators necessary to measure the effectiveness of the API in terms of increasing the knowledge and awareness of the nature and scope of contraband tobacco activity in and around Akwesasne. Reporting on these indicators should be incorporated into the semi-annual tobacco reports.

Recommendation: The RCMP should make every effort to fill the currently vacant Valleyfield JIT position.

Findings
In order to answer this evaluation question, the evaluators considered the question from two perspectives: 1) the level of knowledge and awareness of law enforcement and government officials regarding the nature and scope of tobacco smuggling; and, 2) the level of general knowledge and awareness of the issue within the community.

Knowledge and awareness of law enforcement and government officials:
According to Schedule A of the contribution agreement between the Government of Canada (PS, previously the Solicitor General of Canada) and the Mohawks of Akwesasne (the Mohawk Council of Akwesasne), semi-annual reports are to be submitted by Akwesasne on the nature and scope of tobacco contraband activity in and around the Mohawk community of Akwesasne, including information on the number of charges laid, cleared or otherwise cleared, quantity and type of tobacco seizures, forfeiture data, and other related intelligence.13 While some of these reports were submitted, the last report made available for this evaluation was for the period ending March 2005. As well, some of the reports contained only narrative information, and no structured, quantitative information. Therefore, while some information is available, it cannot be used to quantitatively report on tobacco-related outcomes of the JIT.

The reports submitted provided some information about tobacco seizures by the JIT, or by other organizations following joint forces operations. These seizures included seizures of cases and cartons of cigarettes, as well as re-sealable plastic bags of loose cigarettes. Also, according to the reports, numerous vehicles and water vessels were seized. As was the case with the organized crime reports, according to the tobacco control strategy reports, the JIT worked with a number of other organizations to interdict tobacco smuggling activities.

Most interviewees agreed that availability and exchange of information between the co-located JIT partners (RCMP and AMP) and other partner law enforcement organizations has improved. Information exchange is more timely, and the information shared is useful and of good quality. Although some interviewees indicated that the quality and timeliness of the sharing has improved since the creation of the JIT, it is difficult to say whether or not these improvements would have come about in time without the integrated unit. Some interviewees attribute the improvements to the JIT, whereas others suggest the improvements would have evolved with or without the JIT. One interviewee did indicate that since there has not been an RCMP officer from Valleyfield in the JIT, there is less flow of communications from Quebec.

According to interviewees, one of the benefits of the JIT, in terms of increasing knowledge and awareness, stems from the fact that the various JIT members can access information in the RCMP databases, since the RCMP is a partner. Four interviewees specifically identified access to RCMP databases as a benefit of the JIT. AMP JIT members have indicated that with regards to tobacco, the RCMP is their main partner. The RCMP is the main recipient of tobacco information. Whenever the JIT makes a tobacco seizure, the file is turned over to the RCMP. Over one third of interviewees indicated that the JIT also works with the local IBET, which results in an increase in their knowledge and awareness of criminal activity in and around Akwesasne, including tobacco-related activities. A couple of interviewees suggested that the JIT could increase their involvement with the Aboriginal CFSEU in the Montreal area, and with other First Nations partners in the First Nations Organized Crime (FNOC) initiative. This could further increase knowledge and awareness of contraband tobacco activity in the area.

As some interviewees pointed out, the manufacturing of tobacco in the United States, in and around the Mohawk area of Akwesasne, is not an offence. It only becomes a criminal offence when it illegally crosses the border. [ * ] . However, US interviewees did state that if they know of a shipment of tobacco heading towards Canada, they will let the JIT know. As well, if the JIT asks them for help with surveillance, they will assist where they can.

General knowledge and awareness of the issue within the community:
The AMP and JIT officers make presentations to local government representatives and to members of the Akwesasne community at public meetings, to raise their awareness of what is happening in the community. A couple of interviewees indicated that to some extent there is some denial in the community as to what is going on regarding the involvement of organized criminals. During their presentations, AMP and JIT members present actual cases and demonstrate the problems evident in the community.  However, one interviewee did point out that those individuals who attend the community meetings and presentations are those who are already aware of the issues, and generally are more open and willing to do something to address the issues.

Two interviewees suggested that an increase in the number, and amount, of seizures demonstrates an increased knowledge and awareness of tobacco-related criminal activity in the Akwesasne area. As well, the semi-annual report submitted by the JIT for the period of June to November 2004 states that the JIT received “praise from the community in targeting those that are making tremendous profits from the smuggling of Tobacco products.” This suggests that awareness of the activity exists in the community. Finally, interviewees suggested that headlines and articles in local newspapers illustrate that the JIT is catching tobacco smugglers and awareness of tobacco smuggling is increasing.

Q.8      Have outreach activities increased youth awareness with respect to the criminality of smuggling?

Conclusion: While JIT members are involved in outreach activities, much of the community outreach is done by the uniformed AMP officers. It is difficult to distinguish JIT outreach activities from those done by all combined forces and community partners, or from the outreach undertaken by the AMP. As well, it is difficult to assess behavioural change in youth, let alone awareness levels with respect to the criminality of smuggling, and attribute these to the outreach activities. Clearly JIT members are involved to some extent in outreach activities aimed at youth. Many of the outreach activities tend to be of a sporting nature and there is no evidence of the outreach activities being used as a venue to communicate a message regarding the criminality of tobacco smuggling. However, interviewees suggested that the outreach activities have been successful in opening up the lines of communication between the community’s youth and the police.

Findings
The AMP has a community service officer responsible for community outreach. Although JIT members are also involved in outreach activities, according to some, much of the community outreach is done by the uniformed AMP officers. Several JIT members indicated they would like to be more involved, particularly with youth programs. However two interviewees noted that to have more of an impact through outreach activities the JIT would need a resource dedicated to outreach activities, since this work can be time consuming.

During interviews, many of the JIT members and stakeholder representatives described activities that JIT members were involved in. It is difficult to distinguish JIT outreach activities from those done by all combined forces and community partners, or from the outreach undertaken by the AMP. In any case, JIT members were involved in community outreach activities. For example:

As indicated by these examples, many of the JIT outreach activities tend to be of a sporting nature. There is no evidence, from either the reports provided by the JIT, or from examples cited by interviewees, that the JIT used these outreach activities to communicate a message regarding the criminality of tobacco smuggling.

While it is difficult to attribute changes in the behavior of community youth to the existence of the JIT, some JIT members and stakeholders believe that the JIT involvement has positively impacted the attitude and behaviours of Akwesasne youth. Several interviewees suggested that these activities have been successful in opening up the lines of communication between the community’s youth and the police. Two interviewees suggested that the contact that the AMP and JIT members have had with the community’s youth has resulted in some of the youth considering law enforcement as a potential career option. Interviewees also believe that, through the outreach activities, the AMP and JIT have become more approachable and accessible to the young people of Akwesasne.

Q.9      Is there evidence that the initiative is disabling tobacco contraband smuggling routes and networks?

Conclusion:  It is impossible to quantify the extent to which the API has disabled tobacco contraband smuggling routes and networks. Although most of those interviewed agreed that the JIT is having an impact on contraband smuggling, they agreed that when the JIT makes an arrest for contraband tobacco smuggling there is always someone ready to step in and take the place of the arrested individual. However, without the JIT, interviewees believe there would be even more tobacco smuggling in the area.

As with organized crime, the impact of the API on tobacco smuggling is mainly on the ‘courier’ or ‘runner’ level. While some stated that the JIT should try to target higher up the chain of organized crime figures to have an impact on tobacco smuggling, for the most part interviewees suggested that the API has had an impact on tobacco smuggling simply by seizing the contraband tobacco products, and by forcing tobacco smugglers to change their behaviours and incur increased costs to avoid detection by the JIT.

Findings
As was the case with Question 6, regarding the extent to which the initiative has been successful in disrupting and dismantling organized crime, it is difficult to quantify the extent to which the API has disabled tobacco contraband smuggling routes and networks. To provide a quantifiable answer to this question we would need to know the scope of existing contraband smuggling routes and networks in the Akwesasne area. This information is not available. However, in spite of this challenge, future collection of specific performance data (such as, for example, number of arrests, number of charges and types of charges, number of seizures and amounts of seizures) could provide some measurement of the impact of the API on tobacco smuggling routes and networks.

For this evaluation, some information collected through interviews provides insight into the difficulties of combating tobacco smuggling. As suggested earlier, when the JIT makes an arrest for contraband tobacco smuggling, there is always someone ready to step in and take the place of the arrested individual. Interviewees noted that tobacco smuggling is a lucrative business. Individuals consider it “easy money” in that the potential benefits associated with tobacco smuggling outweigh the risks. As long as there is a market for contraband tobacco products, there will be individuals prepared to participate in the illegal tobacco smuggling. As well, the geography of the Akwesasne area facilitates the smuggling of contraband tobacco.

Most interviewees agreed, however, that the JIT is having an impact on disabling tobacco contraband smuggling routes and networks. While the initiative cannot demonstrate a decrease in the amount of tobacco smuggling in the Akwesasne area, and in fact some interviewees suggested that the amount of tobacco smuggling is increasing, it is generally believed that, without the JIT, there would have been a much larger increase.

A lack of manpower was often cited as a major reason the JIT is not able to decrease the amount of tobacco smuggling in the area. One interviewee described the situation as “trying to stop a flood with a teacup.” However, several interviewees suggested that just by seizing contraband tobacco products the JIT is having an impact. One interviewee noted that by focusing on the runners or couriers, the JIT creates a deterrent for the smuggling activity. Several others, however, stated that the JIT needs to try to target higher up the chain in order to have an impact on the amount of tobacco smuggling. Many interviewees suggested, though, that the JIT provides information to the RCMP, for higher-level cases. 

As indicated in Question 6 above, interviewees suggested that the API has forced tobacco smugglers to change their behaviours. JIT interviewees indicated that to an extent, smugglers have had to figure out new ways to get around the JIT. According to interviewees, smugglers have changed their routes, and their methods of operations. Smugglers have also had to incur increased costs for operations, such as for counter surveillance.

Q.10    Are there any unintended (positive or negative) impacts of the initiative?

Conclusion: Few unintended impacts were identified. Two positive unintended impacts identified by interviewees were: the knowledge and skills transferred to AMP officers who work with the JIT, and increased credibility of the AMP. As well, one possible negative impact cited in the interviews relates to the arrests of a number of young, typically male, Mohawks, who act as the ‘runners’ or ‘couriers’ for organized crime groups. Although not solely a result of the initiative, the concern is that this generation of Mohawk youth is becoming ‘criminalized’.

Other positive unintended impacts were identified by interviewees however, although these interviewees did not anticipate the benefits identified, those who established the initiative did expect these types of positive impacts.

Findings
In all of the interviews of JIT members and other stakeholders, the question was raised as to whether there have been any unintended impacts stemming from the API. Two positive unintended impacts were identified:

One negative impact cited in the interviews relates to the arrests of a number of young, typically male, Mohawks, who act as the ‘runners’ or ‘couriers’ for organized crime groups. Although not solely a result of the initiative, the concern is that this generation of Mohawk youth is becoming ‘criminalized.’

Finally, while many of the interviewees responded that there had been other unintended impacts, in actual fact although they may have been unexpected for these interviewees, for the most part they were not unintended by those who established the initiative. For example, many interviewees identified the following as unintended impacts:

While these impacts may have been unexpected by the interviewees, they are not unintended.

2.3 Cost-Effectiveness / Alternatives

Q.11    Are there more effective ways of achieving the objectives of the initiative?

Conclusion: No alternative approaches were identified that would be more effective in meeting the objectives of the API. However, several suggestions were put forward to improve the API. The most commonly identified improvement was additional funding for more resources – human resources and equipment. Several individuals identified specific skills that should be added to the JIT. These included the need for individuals skilled in quickly writing search warrants, and an enhanced capacity to engage in surveillance or undercover activities

Findings
Interviewees identified no alternative approaches to more effectively meet the objectives of the API. The integrated policing model was frequently cited as the right approach to take. Interviewees also indicated that the JIT has become a role model for other native police forces.

However, interviewees did suggest changes to make the initiative more effective. The most commonly identified improvement was the addition of more resources. Over one third of interviewees specifically cited a need for more resources when asked about what is needed. Given the extent of smuggling activities in the Akwesasne area, interviewees suggested that the API needed more staff to more effectively cover the Akwesasne area and to add more shift coverage. Interviewees also noted that having the two RCMP resources originally included in the unit (one from Valleyfield and one from Cornwall) would be useful. Currently, an RCMP resource from Valleyfield in not in the unit. Interviewees also specified improvements that could be made through investment in equipment, such as through the purchase of either a faster, or second, boat, or through the creation of a secure communication network for the secure exchange of information amongst the partners.

Several interviewees highlighted specific skills that should be added to the unit. These included the need for partners skilled in quickly writing search warrants, and an enhanced capacity to engage in surveillance or undercover activities. One interviewee also suggested that the JIT would be more effective if roles were identified and specific individuals were designated to fill these roles (such as, for example, the role of writing search warrants) so that expertise in specific tasks is developed resulting in improved overall effectiveness of the unit.

With regards to whether or not additional partnerships should be forged with other law enforcement agencies, opinions varied. While some felt closer partnerships could be established with the SQ, the OPP and the Cornwall Police; others felt that the existing partnerships were appropriate. Several interviewees, however, did suggest that the JIT could be more involved with established groups such as the CFSEU and the IBET.  Improved access to Department of Justice lawyers was also identified as something which would be beneficial. Currently, DOJ lawyers in Montreal review wiretap affidavits and source immunity letters of agreement. However, interviewees indicated that access to DOJ lawyers for search warrants would be useful.

Stakeholders interviewed identified two main issues that impede the effectiveness of the initiative:

Recommendation: PS should evaluate the funding of the API initiative to determine whether increased funding should be sought to allow the unit to have a greater coverage (e.g., two shifts).

3.0 Key Conclusions and Recommendations

This chapter of the report summarizes some of the key conclusions and recommendations from chapter 2.

Relevance:
When examining the relevance of the API initiative it is clear that organized crime activity in and around the Mohawk Territory of Akwesasne continues to be a critical issue. Akwesasne’s geographic location and physical landscape make it an ideal location for cross-border criminal activity and organized crime. There is a great deal of smuggling of tobacco, drugs and, to a lesser extent, weapons; and organized crime and cross-border criminality is reportedly overwhelming and becoming more sophisticated in the Akwesasne area.

The API aligns to government objectives and to commitments made in recent years by the Government of Canada through Speeches from the Throne and in the National Agenda to Combat Organized Crime. The API also supports the Federal Tobacco Control Strategy through its focus on tobacco smuggling.

Success:
According to interviewees, individuals who are part of the JIT have enhanced knowledge and understanding of organized crime issues and tools, as a result of their participation in the unit and the training that they have received. However, with regards to Bill C-24, many of the JIT members did not have in-depth knowledge of the provisions of this Bill.

Recommendation: Members of the JIT should be provided with training on Bill C-24, and how its provisions may impact the fight against organized crime in and around Akwesasne. Due to the difficulties encountered by JIT members in finding time to take training, and the impediments to sending numerous team members on training at the same time, it is recognized that it may take some time to be able to have all JIT members trained on C-24. However, a plan should be put in place to ensure that all members are eventually provided this training.

The API has reportedly improved the detection, targeting and investigations of organized crime offences and organizations, through the leveraging of resources from the various organizations, and through improved, timely sharing of information and intelligence between API partners. However, while interviewees indicated that in the past JIT members have participated in IBET weekly intelligence meetings, recently attendance by a JIT representative has been characterized as “spotty”.

Recommendation: The API partners should work with the local IBET unit to resolve the issue of JIT’s attendance at the weekly IBET meetings.

According to interviewees, partnerships between the AMP and other JIT members have been enhanced through more frequent contact, heightened credibility and enhanced competence in the investigations. New partnerships between both Canadian and American partners who interact with the JIT have also been credited to the JIT.

Quantifying the impact of the JIT on organized crime was not possible since although the JIT is required, by the terms of the contribution agreement, to provide annual organized crime reports to PS describing its activities and results, the last report received by PS was for the period ended March 2004. As well, performance indicators as identified in the evaluation matrix are not consistently reported in these annual reports.  However, based on information in the reports for January 2002 to March 2004, it appears that the JIT is having an impact on organized crime as illustrated by an increase in the number of charges laid by the JIT and by the number seizures executed. JIT interviewees agree that the unit is having an impact; however the impact is limited due to the sheer volume of organized crime activities taking place in the area, and the current investment to tackle the problem.

Recommendation: The JIT must re-institute its annual reporting to PS in order to comply with the requirements of the Canada/Akwesasne contribution agreement. In addition, PS and the AMP should jointly examine the reporting requirements, and identify the performance indicators necessary to measure the effectiveness of the API in terms of detecting, targeting and investigating organized crime offences and organizations.

The extent to which the API is having an impact on organized crime at a level higher than the ‘couriers’ is unclear. It appears that given the resources of the JIT, they are not able to apprehend anyone other than the ‘runners’ who are carrying the contraband product across the border. However, by making arrests at this level the JIT is able to gather information that may be useful to other law enforcement organizations mandated to target individuals at higher levels within the organized crime groups; organizations such as the RCMP.

Quantifying the impact of the JIT on tobacco smuggling is similarly difficult. It is not possible to quantify the extent to which the JIT has increased knowledge and awareness of the nature and scope of contraband tobacco activity in and around Akwesasne. Although a semi-annual report to PS on the nature and scope of tobacco contraband activity in and around Akwesasne is provided by the JIT, some of the reports provided, for the period of the evaluation, contained only narrative information and no structured, quantitative information. Therefore, while some information is available, it cannot be used to quantitatively report on tobacco-related outcomes of the JIT.

Recommendation: PS and the AMP should jointly examine the reporting requirements, and identify the performance indicators necessary to measure the effectiveness of the API in terms of increasing the knowledge and awareness of the nature and scope of contraband tobacco activity in and around Akwesasne. Reporting on these indicators should be incorporated into the semi-annual tobacco reports.

Interviews suggest there is increased knowledge and awareness of contraband tobacco activity in the Akwesasne area. Interviewees, both from within the JIT and from partner organizations, noted that their involvement with the JIT increases knowledge and awareness of contraband tobacco activity, since their organizations have access to the databases of the various partner organizations, and in particular to the databases of the RCMP. (The RCMP has jurisdiction regarding contraband tobacco and is the AMP’s main law enforcement partner in this area.) However, one interviewee did indicate that since there has not been an RCMP officer from Valleyfield in the JIT, there is less flow of communications from Quebec. As well, most of those interviewed agreed that when the JIT makes an arrest for contraband tobacco smuggling there is always someone ready to step in and take the place of the arrested individual. Additionally, as with organized crime, the impact of the API on tobacco smuggling is mainly on the ‘courier’ or ‘runner’ level.

Recommendation: The RCMP should make every effort to fill the currently vacant Valleyfield JIT position.

While JIT members are involved in outreach activities, it is difficult to assess whether behavioural changes in youth, or changes in awareness levels with respect to the criminality of smuggling, can be attributed these to the outreach activities. Many of the outreach activities tend to be of a sporting nature and there is no evidence of the outreach activities being used as a venue to communicate a message regarding the criminality of tobacco smuggling.

Few unintended impacts were identified. Two positive unintended impacts identified by interviewees were: the knowledge and skills transferred to AMP officers who work with the JIT, and increased credibility of the AMP. As well, one possible negative impact cited in the interviews relates to the arrests of a number of young, typically male, Mohawks, who act as the ‘runners’ or ‘couriers’ for organized crime groups. Although not solely a result of the initiative, the concern is that this generation of Mohawk youth is becoming ‘criminalized’.

Cost Effectiveness / Alternatives:
No alternative approaches were identified that would be more effective in meeting the objectives of the API. However, several suggestions were put forward to improve the API. The most commonly identified improvement was additional funding for more resources – human resources and equipment.

Recommendation: PS should evaluate the funding of the API initiative to determine whether increased funding should be sought to allow the unit to have a greater coverage (e.g., two shifts).

Annex A: Logic Model for the API Joint Investigative Team

Logic Model

Annex B: Sources

Documents reviewed included:

Annex C: API Evaluation Matrix

Annex C: API Evaluation Matrix
Evaluation Questions Indicator Data Sources and Collection Methods
Relevance

To what extent does organized crime continue to be a threat in and around the Mohawk Territory of Akwesasne?

 

Stakeholder views regarding the state of organised crime in and around the Mohawk Territory of Akwesasne

Interviews with AMP Chief and officers, other stakeholder police forces and community representative(s)

Number of ongoing investigations and intelligence probes in and around the Mohawk Territory of Akwesasne

Intelligence reports (AMP, RCMP, OPP)

Is the API in its design and implementation consistent with current Government objectives, the National Agenda to Combat Organised Crime and the Federal Tobacco Control Strategy?

Congruence of API with Government objectives, the National Agenda to Combat Organised Crime, and the Federal Tobacco Control Strategy

Document review (speech from the Throne, Government position papers, National Agenda to Combat Organized Crime, Federal Tobacco Control Strategy)

Stakeholder perception on the extent to which the initiative addresses these objectives

Interviews with AMP Chief and officers, RCMP, PS

Success

To what extent do AMP officers involved in the initiative have enhanced knowledge and understanding of organized crime issues and tools?

 

Number and type of training provided to AMP police officers

Administrative file review

Level of satisfaction with training provided to AMP police officers

Interviews with AMP Chief and officers

Extent to which officers’ knowledge/awareness of intelligence gathering and investigation practices, tools and techniques, witness recruitment/protection have been enhanced (in particular, interview techniques, search warrants, writing warrants, and surveillance)

Level of awareness of Bill C-24 provisions

Has the API improved detection, targeting and investigations of organized crime offences and organizations?

Extent to which the quality, availability and sharing of information has improved

Interviews with AMP Chief and officers and other stakeholder police forces

Extent of impact of secondment arrangements, partnerships on detecting and targeting

Volume and type of organized crime offence/charges, seizures and organizations targeted

Review of AMP Organised Crime Reports

To what extent has this initiative enhanced partnerships between the AMP and other stakeholders?

Number of Joint Forces Operations (JFOs) in which AMP participate or lead

Review of AMP Organised Crime Reports

Stakeholder perception of whether partnerships have been created/enhanced as a result of the initiative

Interviews with AMP Chief and officers and other stakeholder police forces

Stakeholder perception of impacts of partnership on information exchange and ability to investigate organised crime offences/groups

Is there evidence that the initiative is making a contribution to disrupting and dismantling organised crime activities in and around the Mohawk Territory of Akwesasne?

Stakeholder perception on extent to which initiative is contributing to the disruption and dismantling of organized crime activities in around the Mohawk Territory of Akwesasne.

Interviews with AMP Chief and officers, other stakeholder police forces and community representative(s)

Extent of behavioral changes/trends in organized crime groups

To what extent is there increased knowledge and awareness on the nature and scope of contraband tobacco activity in and around the Mohawk Territory of Akwesasne?

Extent to which the availability and exchange of information has improved

Interviews with AMP Chief and officers and other stakeholder police forces

Level of quality of information provided by AMP as perceived by stakeholders

Extent to which AMP has monitored and reported on contraband tobacco activity

Review of AMP Tobacco Control Strategy Reports

Number and type of contraband tobacco-smuggling offence/charges, seizures and organizations targeted

Have the outreach activities increased youth awareness with respect to the criminality of smuggling?

Stakeholder perception regarding extent of changes in attitudes or behaviour in youth with respect to tobacco smuggling

Interviews with AMP Chief and officers, other stakeholder police forces and community representative(s)

Is there evidence that the initiative is disabling tobacco contraband smuggling routes and networks?

Stakeholder perception on extent to which initiative is contributing to disabling tobacco contraband smuggling routes and networks

Interviews with AMP Chief and officers and other stakeholder police forces

Extent of behavioral changes/trends with respect to tobacco contraband smuggling

Are there any unintended (positive or negative) impacts of the initiative?

Stakeholder views on unintended impacts (community impacts, additional stakeholder benefits)

Interviews with AMP Chief and officers, other stakeholder police forces and community representative(s)

Cost Effectiveness / Alternatives

Are there more effective ways of achieving the objectives of the initiative?

Perceptions of Initiative partners on alternative design or delivery

Interviews with AMP Chief and officers, other stakeholder police forces

PS and RCMP Representatives:

Deb Steele
Senior Policy Analyst
Public Safety Canada

Marc Tardif
Combined Forces Special Enforcement Team (CFSEU)
Cornwall

Insp. Tim Mackin
Officer-in-Charge,
RCMP Cornwall Detachment
Rick Hilton
RCMP
Valleyfield Detachment

Mike McDonnell
Assistant Commissioner, RCMP
Criminal Intelligence Division
(Previously with Border Integrity)

Craig Bridgeman
RCMP
Provincial Weapons Enforcement Unit

JIT Representatives:

Chief Lewis Mitchell
Chief of Police
Akwesasne Mohawk Police

Det. Sgt. Jerry Swamp
Officer-in-Charge, Joint Investigative Team
Akwesasne Mohawk Police

Members of the JIT:
Det. James Sunday
Det. Jeff Bova
Det. Leroy Swamp
Cst. Pat Dornan

Representatives from other policing organizations:

[ * ]

Federal Bureau of Investigations
USA

Brian Barnes
Deputy Chief
St. Regis Tribal Police

Van Rankin
Regional Intelligence Officer
Canada Border Services Agency

Shawn White
Cornwall Police Service

Det. Cst. Frank Mitchell
Cornwall Field Unit
Intelligence Bureau
Ontario Provincial Police

Other Akwesasne Representatives:

Chief William Phillips
Akwesasne Mohawk Council – Police Commission

Wesley Benedict
Board of Police Commissioners

Annex E: Interview Guides

Interview Guide for the Evaluation of
the Akwesasne Partnership Initiative

Members of the Joint Investigation Team and AMP

Public Safety and Emergency Preparedness Canada (PS) is undertaking an evaluation of the Akwesasne Partnership Initiative (API). The API, which is funded through the Measures to Combat Organized Crime Initiative (MCOC) and the Federal Tobacco Control Strategy (FTCS,) requires a summative evaluation to be finalized in fiscal year 2005/2006. The evaluation is focused on initiative results as well as its continued relevance. Consulting and Audit Canada (CAC) has been contracted by PS to assist in conducting the evaluation. As part of the evaluation, CAC is conducting interviews with key stakeholders and partners in order to identify key activities, successes, challenges and impacts related to the API. This evaluation will also contribute to the evaluation of the MCOC Initiative and FTCS that are currently underway.

Please note that your responses during this interview will be confidential. Individual responses will not be reported in the evaluation. Not all questions will necessarily apply to you. We will focus only on those questions that are most appropriate.

Background

Success

Relevance

Other

Interview Guide for the Evaluation of the Akwesasne Partnership Initiative

 Stakeholders/Community Representatives

Public Safety and Emergency Preparedness Canada (PS) is undertaking an evaluation of the Akwesasne Partnership Initiative (API). The API, which is funded through the Measures to Combat Organized Crime Initiative (MCOC) and the Federal Tobacco Control Strategy (FTCS,) requires a summative evaluation to be finalized in fiscal year 2005/2006. The evaluation is focused on initiative results as well as its continued relevance. Consulting and Audit Canada (CAC) has been contracted by PS to assist in conducting the evaluation. As part of the evaluation, CAC is conducting interviews with key stakeholders and partners in order to identify key activities, successes, challenges and impacts related to the API. This evaluation will also contribute to the evaluation of the MCOC Initiative and FTCS that are currently underway.

Please note that your responses during this interview will be confidential. Individual responses will not be reported in the evaluation. Not all questions will necessarily apply to you. We will focus only on those questions that are most appropriate.

Background

Success

Relevance

Other

Footnotes

1 [ * ]

2 [ * ] 

3 The RCMP has indicated an intention to re-fill the second position however at the time of drafting this report this had not yet happened. 

4 Public Safety and Emergency Preparedness Canada is now known as the Department of Public Safety. 

5 Integrated Border Enforcement Teams are multi-agency law enforcement teams that target cross-border criminality. The five core partner agencies involved in these teams are: the Royal Canadian Mounted Police, the Canada Border Services Agency, U.S. Customs and Border Protection, U.S. Coast Guard, and U.S. Immigration and Customs Enforcement. 

6 Consulting and Audit Canada is now known as Government Consulting Services, PWGSC. 

7 as found at date of printing at: http://www.parl.gc.ca/information/about/process/info/throne/index.asp?lang=E&parl=36&sess=2 

8 Past Speeches from the Throne can be found at http://www.parl.gc.ca/information/about/process/info/throne/index.asp?Language=E&param=sp 

9 Working Together to Combat Organized Crime: A Public Report on Actions Under the National Agenda to Combat Organized Crime, Spring 2004

10 Note: The mandate of the AMP is to perform a community-based policing service. The intent of the API initiative is to enable the AMP to participate in joint forces operations with the RCMP and other policing and law enforcement organizations to target cross-border criminality with a focus on organized crime. It is the mandate of the RCMP and other senior police services to target middle- and upper-echelon organized crime. 

11 Akwesasne Policing Agreement (“Contribution Agreement”), Schedule B.  

12 A Joint Forces Operation or JFO is a law enforcement arrangement between two or more police and/or law enforcement. JFOs may be short-term in nature, or more permanent such as is the case with IBET. For the purposes of this report, the JIT is not considered a JFO, although participation of JIT members in an IBET operation would be characterized as their participating in a JFO. 

13 Akwesasne Policing Agreement (“Contribution Agreement”), Schedule A.

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