GGboy said:
However, of Toronto's 52 shooting deaths in 2005 the TPS has made arrests in exactly 18. So the courts aren't the whole problem ...
GGboy...Hope you're wearing armour...you're going to get some major reaction from your inference that the TPS is dropping the ball...
Although they have only made 18 arrests, I would bet large coin on the fact that they have suspects for at least twice that many...if not all. I would love our legal system...if I were an accused. Not only is the sentencing a major issue, but so is the actual conduct of trials. Rules on the exclusion or acceptance of evidence is heavily weighted in favour of the accused.
It is highly likely that the TPS may have evidence on the culprit from a variety of sources, such as Confidential Informants, eye witnesses, forensics and even video surveillance. However, each of the sources has to be considered individually as to whether it would hold up under a brutal cross examination or even if it would be accepted into evidence by a judge.
Eye witnesses that co-operate on the day of the shooting often change their story when on the witness stand or when asked to participate in formal, recorded interview.
Informant evidence, even if 100% credible and reliable, often can't be used in trial at the risk identifying the source.
Forensic evidence is great, however if can only identify such things as which gun the bullet came from. If that same gun was located under the seat of a vehicle with five occupants, it likely can't be linked to one single individual. To charge all five with the murder would be possible, but likely unsuccessful without further corroborating evidence.
Despite wonderful advances in technology, most video surveillance tape is nearly worthless. The quality systems cost major $, and even big chains such as 7-11 have crappy systems in which you could hardly identify your mother.
When a case is brought to trial, the police and crown prosecutors only have one chance for a conviction. If they know who dunnit, but they have weak sources, they likely will not proceed with an arrest. In Canada, there are no second chances for prosecutions. If the accused is found not guilty because either the evidence was thrown out or was weak, the bad guy walks for good, regardless if something comes up later. It is also very possible that some of those arrested may be linked to other homicides, but without suitable supporting evidence, the additional charges are not laid.
Additionally, the TPS are dealing with a unique situation in Toronto of an entire community that appears hostile to, and uncooperative with, the police. The boxing day shooting was different in that it was done in a highly public place, and there was likely no shortage of witnesses willing to come forward. However, the majority of TO's shootings were performed by and against members of a single community, with few, if any, witnesses outside of that community. Therefore, if the consensus inside that community is that co-operating with the police is unacceptable, there is very little to go on.
THEREFORE, I would not be blaming the TPS for lack of arrests. The homicide unit is likely very competent, however, evidence that would hold up in court can't be manufactured. Knowing who committed the crime, and proving it beyond a reasonable doubt in criminal trial, are often two separate issues.
I would lay blame at the doorstep of the Jamaican community, followed by the lack of political will, and a close third would be the courts and their liberal interpretation of the Criminal Code.