Attention News Editors:

Fighting Crime: The Right Tools are Needed

    VANCOUVER, Sept. 19 /CNW/ - Canada's criminal justice framework needs to
be regularly examined and adjusted to ensure it fits the society it seeks to
protect, said Raymond J. Protti, President and Chief Executive Officer of the
Canadian Bankers Association (CBA), in a speech delivered this afternoon to
the Vancouver Board of Trade. In particular, Mr. Protti identified three gaps
in need of attention and steps that can be taken to help fix them, including
sentencing reform for commercial robbery, making identity theft a defined
crime in Canada, and modernizing the Criminal Code to ensure that our laws
keep pace with changing criminal practices.
    "It is not good enough to say that our current system is 'adequate' or
'other systems are worse.' After all, the public's safety rests in the
balance. It is time to apply the right tools to fix the gaps," he said.
    Mr. Protti noted that he chose to deliver his speech in Vancouver because
of challenges that city's residents and businesses, including the banking
industry, are trying to address, including a disproportionate number of
financial institution robberies. In both 2004 and 2005, a third of all
financial institution robberies in Canada took place in the Vancouver region.
As well, convicted offenders of financial institution and other commercial
robberies received shorter sentences than offenders committing robberies in
other Canadian cities.
    According to a study commissioned by the CBA in cooperation with the
British Columbia Chiefs of Police, financial institution robberies occur in
Vancouver at six times the per capita rate that they do in Toronto. The median
incarceration period for Vancouver robberies, however, is 24 months compared
to 36 months for Toronto, 48 months for Edmonton and 54 months for Calgary.
The study also looked at other commercial robberies and it showed similar
results.
    "Robbery is a serious issue facing financial institutions, convenience
stores, gas stations and other commercial enterprises, as well as police,"
said Mr. Protti. "These are dangerous, unpredictable situations that put the
public and employees in harm's way. As such, those who commit this crime
should be dealt with seriously and should be held accountable to the fullest
extent of the law. Unfortunately, this does not always happen."
    To help rectify the situation, a broad coalition of concerned businesses
is recommending that a number of areas be reviewed, including:
    <<
    -   The proportion of sentences involving custody and the median sentence
        length for Vancouver robberies so that both are reasonably on par
        with the experience in other provinces,
    -   The tendency to consider substance abuse as a mitigating factor in
        sentencing, and
    -   The tendency to not consider the number of prior offences as a
        significant factor in sentencing.
    >>

    Mr. Protti also emphasized the need to make identity theft a defined
crime in Canada. He pointed out that if a would-be burglar can be charged with
possession of a burglary tool before committing a robbery, then identity
thieves should be able to be charged with an offence before they can commit
financial fraud.
    "This serious gap in law is a consumer protection matter that must be
addressed," he said. "Why should we have to wait for fraud to happen, and all
the ensuing harm to consumers and businesses, before the criminals are
stopped?" he asked. "We think that early intervention could help avoid further
criminal activity, such as financial fraud, and its impact on people, business
and society in general."
    In addition to making identity theft a defined offence, the banking
industry and its coalition partners are calling for changes to make it illegal
to:
    <<
    -   Possess multiple pieces of identification for a number of
        individuals,
    -   Manufacture or possess novelty identification, and
    -   Traffic in stolen personal information.
    >>

    As well, the integrity of identity documents should be strengthened so
they are harder to duplicate.
    Finally Mr. Protti identified the need to modernize the Criminal Code.
Currently, he noted that it is illegal to send a telegram in a false name,
with the intent to defraud, but the Code makes no mention of e-mail.
    "The Criminal Code must be modernized, kept current and evergreen to
reflect the society in which we live," he said. "If criminals are tapping into
new tools such as e-mail and sending false messages or luring individuals to
divulge personal information unwittingly, then the Code should reflect the
nature of the types of crime being perpetrated."
    Mr. Protti closed his speech by noting that while there are no quick
fixes, having a consistent, balanced and fair judicial framework is a worthy
goal and one that needs constant adjustments to ensure that it is working
effectively.
    "I am not here to claim that all is broken and in desperate need of
repair. I am saying that we cannot be blind to evident and emerging problems,"
he said. "Make no mistake, inaction has its consequences. It's already evident
and not just in Vancouver. These gaps are hurting other Canadian cities and
communities, and businesses and individuals across the country."
    The full text of Mr. Protti's speech and more information on the banking
industry's proposed changes can be found on the CBA website at www.cba.ca
under "Media Room."

    The Canadian Bankers Association is an industry association representing
54 domestic chartered banks, foreign bank subsidiaries and foreign bank
branches operating in Canada and their 249,000 employees.

For further information: Melanie Minos, Manager, Media Relations, Tel:
(416) 362-6093, ext. 220, Cell: (416) 587-7733, E-mail: mminos@cba.ca