Why are scammers able to get away with it? Simple - the blacklist isn't there to protect people from having their phones stolen. Period. It's there to make the third party marketplace crappier for buyers, to force them to buy new from carriers. There's three classes of sellers on Kijiji that result in blacklisted phones:
1 - Those who actually steal a phone (or find somebody's lost phone) and sell it on Kijiji.
2 - Those who buy a phone as an upgrade on their current plan. Get insurance for it. Sell it, report it as stolen, get a new phone. Profit.
3 - Organized crime rings that buy phones using stolen identities, sell them, and never pay the bill.
TPS is lying to you when they say they *can't* prosecute people for selling things on Kijiji - they very much can, as all of the above 3 scenarios are committing crimes. They just WON'T, pretty much because they can't be bothered. For scenarios 1 and 2, that's petty small time BS that they have very little interest in spending much manpower on (much of the time, they *do* have better uses of their time). For #3, you'd think they'd want to work on cracking down on those organized crime rings... But it's hard to tell the difference between scenarios 1 and 2, and scenario 3. At least, not without doing a LITTLE bit of leg work, and they have no interest in doing ANY leg work in these cases. It sucks, but them's the breaks. The blacklist is a deeply, DEEPLY flawed system that (surprise, surprise!) only really benefits the carriers, in the end. It doesn't reduce phone theft, particularly, the primary thing it does is that it disincentivizes people from buying used phones.