PUBLICATION:        The Toronto Sun 

DATE:                         2004.02.14

EDITION:                    Final 

SECTION:                  News 

PAGE:                         23 

ILLUSTRATION:     photo of BRIAN RAYBOULD Safety an issue 

BYLINE:                     IAN ROBERTSON 

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T.O. COPS CUFFED BY SYSTEM

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Search-warrant red tape, witnesses muted by accused thugs free on bail, slow forensic tests and limits on checking suspects are among judicial handcuffs Toronto Police want reformed.

Insp. Brian Raybould of Toronto's homicide unit realized as a young detective that few people processed for crimes were first-timers.

Raybould and other cops say many witnesses refuse to co-operate because they fear suspects will be released before their trials or put on probation after convictions.

Until Toronto's 73 gangs are attacked and courts hold thugs who are now set free with too little supervision, police say crime-plagued residents will continue to accuse cops of ignoring them and avoid 911 lines, even when ducking gunfire.

Police blame lawmakers and a liberal society that shuns U.S.-style crackdowns on the worst criminals for much of the violent mentality that influences some youth.

American cities have had a dramatic fall-off in murders and violent crimes since U.S. lawmakers got tough, he said.

Despite continuing controversy over Canada's $1-billion federal gun registry, Raybould said: "I think everyone would agree that the safety issues are an excellent idea."

Since Jan. 1, 2001, anyone buying cartridges needs a firearms licence and driver's licence photo ID. Rifles and shotguns must be registered and 1930s handgun laws were expanded.

Toronto Police always tried to trace crime guns and still ask the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives to trace them to the U.S. maker and first registered owner.

"The big issue is that the guns being used on the street are rarely registered," Raybould said. The new system provides "some measure of security for the guns that are properly registered and stored, compared to what they used to be."

Firearms officials say 65% of Ontario crime guns are stolen from across Canada. If registered, those guns can be traced.

Information about firearms registered at a home comes up on police computers if officers check a 911 call site, but for the protection of police, "we've always had notations about any weapon that was present on previous visits, or calls for assaults, threats and domestic complaints," Raybould said.

'IT'S DRIVING US CRAZY'

However, catching criminals and holding them can pose problems. Several officers said some justices of the peace delay warrant applications to protest after-hours job requirements. "There are so many inconsistencies in the system and we're overloaded with paperwork," major crime unit Det. Ron Reid said from his north Etobicoke office. "It's driving us crazy."

After six to 10 hours writing warrants, they must wait for a justice of the peace or judge to approve them, worrying a suspect will vanish. "A lot of these people we're dealing with are killers and ... timing is more critical," said Reid, a 32-year policeman.

To avoid delays during off-hours, a system of 'tele-warrants' lets police fax documents to JPs at home.

After a JP recently rejected eight hours of recent warrant work, saying it was perfect, "but she didn't believe our informant," Reid filed a complaint with his supervisor.

A spokesman for the provincial ministry of the attorney-general wouldn't comment on specific cases, but said there are complaint processes for both JPs and police officers.