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LE RENSEIGNEMENT : DISTINCTIONS PRÉLIMINAIRES
Centre international de criminologie comparée
Université de Montréal
The variety of meanings of the word "intelligence" in the field of criminal and security intelligence is so great as to deprive these notions of much of their usefulness. This article tries to remedy this vagueness. Its main tenet is that intelligence should be defined not by its inner properties but through its relationships with different terms. The first part of the article provides several illustrations of the vagueness of the notion of intelligence by contrasting it with other notions that are akin to it, such as information, knowledge, science, proof, and surveillance. The second part tries to develop a theory of intelligence by relating it to various elements that define its nature: the producer of intelligence, its consumer, its contents and objects, the encoding process, contact between the members of an intelligence network, the target(s) of intelligence, and, finally, its sources and their validity. The article concludes with a brief discussion of efficiency and accountability in the field of intelligence.
LE DÉVELOPPEMENT D’UN RÉSEAU DE RENSEIGNEMENTS POLICIERS AU QUÉBEC : DE LA FORMATION À L’IMPUTABILITÉ
École de criminologie de l’Université de Montréal et
Centre international de criminologie comparée (CICC)
Since the restructuring of police services in Quebec, criminal intelligence now seems to play a primary role in optimizing police services and in crime-fighting strategies. This article examines the main challenges in developing a criminal intelligence community in Quebec. Specifically, the focus is on training and professional development. By revisiting the main failures in intelligence services over the past decade, and based on feedback gathered in a seminar on intelligence training, the author first presents a summary of the skills required to carry out this police duty, then describes efforts to develop a university training adapted to the needs of intelligence services. Lastly, the article examines how such training could promote accountability in police departments.
THE GOVERNANCE DEFICIT: REFLECTIONS ON THE FUTURE OF PUBLIC AND PRIVATE POLICING IN CANADA
Port Williams, NS
The growing presence of private police in our society, and especially the fact that they perform many policing functions traditionally regarded as the preserve of public police, raises fundamental questions of police governance and accountability for a democratic society based on the rule of law and respect for human rights. From the perspective of the rule of law and respect for human rights, this article argues that it is unacceptable that while the public police (at least in theory) are governed by and accountable to democratically elected governmental authority and to the public, private police officers performing the same policing functions as their public police counterparts are not subject to the same form of democratic governance and accountability.
Given existing federal and provincial human rights legislation in Canada, and the recent extension of federal privacy and access legislation to the private sector, there would seem to be no insurmountable jurisdictional or constitutional obstacle to extending the notion of a code of conduct incorporating human rights to the private security sector, insofar as they are involved in the exercise of the police powers of investigation, detention, arrest, the gathering and sharing of personal information, and so on. Such a development would constitute significant progress towards achieving comprehensive and effective democratic governance and accountability for both public and private policing in Canada.
TWO-TIER HEALTH CARE, EDUCATION AND POLICING: A COMPARATIVE ANALYSIS OF THE DISCOURSES OF PRIVATIZATION
Faculty of Business
Politics and Public Administration
While there are similarities in the ways in which the debates on privatization of education, health care, and policing are constructed in the media, there are also differences. The discourses of privatization are often framed in different ways - questions of markets, efficiency, and service on the one hand and issues of equity, access, and social justice on the other. At the same time, a comparison of these discourses of privatization reveals some striking differences in their patterns.
- There are significant differences in the volume of media coverage.
- Although there are obvious conceptual parallels, there are significant differences in the argumentation that dominates the media.
- There is much more evidence of value-laden language in discussions of health care and education than policing.
- The diversity of stakeholders who participate in the discourses are also quite different and less pronounced in policing.
LES ENJEUX JURIDIQUES ET SOCIAUX DU RECOURS AUX ENQUÊTEURS PRIVÉS POUR SURVEILLER LES VICTIMES DE LÉSIONS PROFESSIONNELLES
Faculté de science politique et de droit
Université du Québec à Montréal
This article examines the use of private surveillance services in the context of workers’ compensation legislation. Injured workers are now subject to hidden surveillance by private investigators employed by employers and, in some provinces, by the workers’ compensation board itself. Surveillance is used not only to detect cases of fraud, where workers are receiving compensation benefits for temporary disability while performing undeclared work, but also to prove that workers are performing tasks of daily living that are incompatible with their functional limitations as described by their doctors.
The article illustrates different situations in which such techniques are used and addresses some of the social and legal implications of these practices. The legal issues addressed include those relating to privacy rights guaranteed both by human rights legislation and the Quebec Civil Code; Charter issues, including issues as to the admissibility of evidence; and, finally, issues regarding liability for damages resulting from the acts of the investigator or from the surveillance itself. The article focuses on the socio-legal situation in Quebec but also draws upon examples from other jurisdictions.
In conclusion, it is suggested that the use of such techniques in the context of social security legislation not only represents, in many cases, a violation of fundamental rights but also contributes to the stigmatization of all injured workers and constitutes an impediment to successful and rapid rehabilitation from injury.
RISE OF THE RENT-A-COP: PRIVATE SECURITY IN CANADA, 1991-2001
Department of Justice Canada
This article provides answers to questions about the size of the security and investigation services industry in Canada. Using Statistics Canada data sources, a profile of the industry is developed. The private security industry in Canada grew dramatically between 1991 and 2001. Employment increased by 69%, from 46,651 in 1991 to 78,919 in 2001. Growth was strongest in the latter years of the study period. All provinces for which data were available experienced growth in employment. Most security employees are men. Revenues in 2000 for security and investigation services were approximately $2.7 billion.