Pubdate: Sat, 23 Feb 2008 Source: Ottawa Citizen (CN ON) Copyright: 2008 The Ottawa Citizen Contact: http://www.canada.com/ottawacitizen/letters.html Website: http://www.canada.com/ottawacitizen/ Details: http://www.mapinc.org/media/326 Author: Andrew Seymour SQUEALING ON THE DEALERS Chief's New Drug Strategy 'Two-Faced,' Critic Says Ottawa police Chief Vern White says drug dealers should not receive government welfare and should be charged with fraud if they fail to report income from their crack sales. "Our drug dealers are not in need of social assistance," Chief White told the Citizen in an interview yesterday. His comments follow his decision to turn over more than 100 names of accused drug dealers -- arrested during two large undercover operations -- to provincial welfare officials. The chief wants dealers investigated for fraud and cut off from assistance when their incomes disqualify them. But the president of an association of Ottawa defence lawyers called the chief's strategy "two-faced," and accuses the department of turning a "blind eye" to welfare fraud committed by their own drug informants. "If the police are acting like it is some sort of noble act on their part, it's nonsense," said Mark Ertel, president of the Defence Counsel Association of Ottawa. Mr. Ertel believes police now will use the threat of reporting accused drug dealers to welfare officials as leverage to force them to co-operate. "You have a choice now. You can either become an informant for the Ottawa police or you can be reported for committing welfare fraud," said Mr. Ertel. "It's disgraceful because there is a double standard there." Chief White called Mr. Ertel's allegations "ridiculous." "It's absolutely wrong," he said. "Our focus here, first of all, is to stop people from dealing drugs, but secondly to ensure social assistance is provided to people for the right reasons and not for those people who continue to sell drugs and lie about their income," said Chief White. "Regardless of how we recruit informants, we will not allow drug dealers to act with impunity (if they're) working with us as well." In the past, Ottawa police would occasionally informally report individuals to welfare officials when necessary. Chief White said he adopted the new strategy, however, after participating in a drug arrest with the street crime team where the accused admitted to officers he was on social assistance and dealing drugs. The more than 100 people referred to provincial officials were arrested and charged with drug trafficking and other offenses during a pair of sweeps targeting street-level drug dealers. In total, 112 people were charged following the operations by the Ottawa police street crime unit. Chief White could not say how many of the people referred to social assistance officials were actually receiving welfare or how many are now under investigation. The Ministry of Community and Social Services, which oversees social assistance in Ontario, would not comment on the Ottawa cases yesterday. However, ministry spokeswoman Anne Machowski said in an e-mailed statement that all fraud allegations are referred to the appropriate Ontario Works office for assessment and investigation. An eligibility review officer from the office will then verify if any new information received is relevant to eligibility, she said. Ultimately, police decide if it is appropriate to lay charges, and the Crown attorney's office decides whether to prosecute. The number of people convicted for social assistance fraud in Ontario is very low, however. According to Ms. Machowski, only 65 people were criminally convicted for welfare fraud between 2006 and 2007. There were no statistics on how many people were removed from social assistance, but not criminally prosecuted. The Ottawa police strategy draws from the playbook that the U.S. federal government used in prosecuting notorious Chicago gangster Al Capone, who was jailed for tax evasion for failing to report income from his criminal enterprises. Chief White said he thinks the government should, similarly, consider prosecuting drug dealers for failing to declare their drug incomes under federal tax laws. Chief White estimates many street-level dealers can earn at least a couple of hundred dollars a day from their drug trafficking. "A number of them will buy drugs in a larger quantity and then chop it. You can buy $200 from a larger dealer that you can sell for $450 to $500," said Chief White. But Mr. Ertel contended that many of the street-level drug dealers the chief plans to target are also drug users. Prosecuting them for fraud and cutting off their welfare will only make the drug dealing worse, he said. "The less money that these people have available to them to support their habit, the more crimes they are going to commit," said Mr. Ertel. "Their habit doesn't go away because they don't have money. That's why most of them are selling crack in the first place." Mr. Ertel said trying to have low-level drug dealers removed from social assistance "just doesn't seem constructive." "They are going to break into your car, instead of using welfare, and they are going to use what they got breaking into your car to buy crack," he said. Chief White said drug dealers are committing crimes already. "Stay on social assistance, we won't bug you. Sell crack cocaine, make money and collect social assistance, we'll bug you," he said. "Anybody who suggests that our job is not to combat every crime and combat every criminal involved in every crime, then they are idiots," said Chief White. "We pursue these folks in every possible way using every tool we have, and this is one of those tools." - --- MAP posted-by: Derek