House of Commons Hansard #75 of the 39th Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was amendment.

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7:40 p.m.

NDP

The Deputy Speaker NDP Bill Blaikie

Order. The hon. member for Pickering—Scarborough East.

7:40 p.m.

Liberal

Dan McTeague Liberal Pickering—Scarborough East, ON

Mr. Speaker, I am very happy to raise the point pursuant to what we discussed during question period on February 26. My question for the Secretary of State responsible for Canadians abroad dealt with the fact that she had taken the time to go to Mexico but failed to actually address the issue of meeting with Brenda Martin.

We know that Brenda Martin has been languishing in a prison for the better part of the past two years. Despite repeated attempts by our party and by this member in particular, attempts in the foreign affairs committee, in late shows like this one and with questions in the House, it seems impossible to understand where and how the government sets its priorities, particularly when there is evidence that a Canadian has been literally railroaded and denied her rights, not only from a Canadian perspective, but under Mexican law in and of itself.

My question for the minister at the time was why could she not take the time to visit Brenda to demonstrate and create a link to Mexican authority in recognition of the fact that we were not interfering with the judicial system but were instead sending a message to Mexicans that we were not exactly pleased with the way in which their judicial system had treated Brenda Martin.

There are plenty of examples of past cases like this. Particularly in dealing with this one, I note with thanks the efforts of people such as Charles Rusnell of the Edmonton Journal. His investigative work in the background has made it possible for us to focus on this question and bring into play the fact that her fundamental rights were denied. In particular, she was not given access to an interpreter. As well, there is the fact that she has been imprisoned with other convicted felons, felons under the Mexican state, which we are not second guessing, individuals who have committed crimes and been found guilty.

She has not been found guilty of anything. There has been a pretrial incarceration of over two years. Desperately, Ms. Martin sought the help of her government to at least pick up the phone from time to time. The same minister failed to do that and, I suggest respectfully to this House, demonstrated a distinct lack or dereliction of her responsibility.

I am very concerned that what I raised on February 26 was also raised again by the Canadian Press story, which went further and confirmed the fact that the minister seemed to be given to swilling back Perriers and canapés as opposed to spending 18 minutes to travel to see Brenda Martin. it is very critical that such was the case. It demonstrates a clear lack of experience by the minister.

There are members on that side of the House who have very good talents and who understand consular affairs. I am hoping that what comes out of this will indeed be an opportunity by the Prime Minister to change the lineup, to change the batting order so that we actually have people who can get onto these cases from the get-go.

I led the consular affairs division for a couple of years and I can tell members that once engaged it was second to none. Most nations have no difficulty becoming involved and I think no less of our ability to do the same. This has been a very public issue with respect to the plight of Brenda Martin. We are hopeful that she will be released, that the judges will find their way to freeing her. We know that Alyn Waage, who was responsible for the fraud scheme, himself has exonerated her twice and has written two affidavits pursuant to the court.

However, let us understand that in this case the prosecutor made the charges so difficult there is no way Brenda Martin can get out without the help of her government. We are asking the Canadian government to get involved, including the Prime Minister, by ensuring that the Prime Minister himself not only picks up the phone but also observes that when an international treaty is broken he has an obligation to stand up for Canadians. We did it on this side of the House. We expect the Conservative government to do the same.

7:40 p.m.

Calgary East Alberta

Conservative

Deepak Obhrai ConservativeParliamentary Secretary to the Minister of Foreign Affairs and to the Minister of International Cooperation

Mr. Speaker, as the hon. member himself has stated, in the previous government he was a consul handling this issue, so he is very well versed in how the Government of Canada works when Canadians overseas are in need of consular assistance.

In Brenda Martin's case, specifically, this government has taken its responsibility very seriously and has used every opportunity available to assist Ms. Martin.

I can confirm that consular officials have visited Ms. Martin in prison on 15 occasions and have spoken to her by phone over 75 times. Consular officials have also facilitated and will continue to facilitate regular phone contact between Ms. Martin and her family. We have also taken care to ensure that her well-being and health concerns are addressed immediately and we will continue to liaise very closely with Mexican officials in regard to Ms. Martin's case.

The Government of Canada made numerous representations on Ms. Martin's case. The Minister of Foreign Affairs has raised this issue with the Mexican Foreign Secretary Espinosa on a number of occasions and just yesterday in Washington, D.C. I am encouraged by the reports coming from the media on her comments that she expects this file to move in a couple of weeks.

Both the Secretary of State for Foreign Affairs and International Trade and the Secretary of State for Multiculturalism and Canadian Identity have met with senior officials from the Mexican foreign ministry and the attorney general's office during their respective trips to Mexico. At all levels, the Government of Canada has expressed its concerns regarding the length of time Ms. Martin's case has been taking and sought assurances that the case will proceed expeditiously.

The member stated that he was in charge of consular affairs. I want to say one little thing for all Canadians on this issue. When people apply for a passport, the Department of Foreign Affairs will issue a booklet titled “Bon Voyage, But...”, which is handed out with every new Canadian passport. The booklet explains quite clearly what Canadians who travel overseas can expect from the Government of Canada as far as consular cases are concerned.

One of the most important issues mentioned in that publication is that when Canadians are arrested outside of Canada, they are subject to the laws and regulations of the host country. My hon. colleague is well aware of that issue. The Government of Canada cannot influence the judicial process of a sovereign country, just as we would not allow another country to attempt to influence our judicial process. We must always work within the judicial system of the country in question and find the means to assist Canadian citizens.

As the hon. member knows, we make every attempt to come to a consensus and to work with the government in question to ensure that the interests of Canadians who find themselves in difficulties are taken into account. We will provide consular services, access to lawyers and we will do anything in our power to ensure their rights are maintained. However, Canadians must always remember that when they are travelling overseas in a sovereign country, the rules of that country apply first.

In Brenda Martin's case, we are working with the Mexican authorities. He himself has visited and applied pressure. We are very hopeful after hearing the latest comments by the secretary of foreign affairs for Mexico who stated that the case is expected to move ahead in the next two weeks.

7:45 p.m.

Liberal

Dan McTeague Liberal Pickering—Scarborough East, ON

Mr. Speaker, we are hopeful that we will have a positive outcome and, should she be found guilty under the system, that the transfer of offender treaty will in fact apply to her and she will be able to come home immediately.

Let us be very clear. There are hundreds of cases out there where we do apply and recognize that the judiciary of another country is paramount. Canada is not to interfere, nor does it propose to. However, in the case of Brenda Martin, by all evidence, the laws that apply to Mexico and the obligations Mexico has under international treaty, including the international treaty and convention on civil political rights, were not upheld and were not in force. That is why this member and the Liberal Party went to bat for Brenda Martin.

We believe it is important that, while Canada has obligations to respect other countries, other countries have an obligation to respect our nationals when they are in their country as well, as they would expect of us when it comes to their nationals being here.

I am pleased to see the hon. member is on the file. I am hoping that there may be a change in the next couple of weeks. I understand he is very interested in these cases. I look forward to more cases down the road behind the scenes so we can resolve these problems before they are gone. When the opposition raises this, it is for a good reason.

7:45 p.m.

Conservative

Deepak Obhrai Conservative Calgary East, AB

Mr. Speaker, the Secretary of State for Foreign Affairs and International Trade and Sport has these cases, and I am sure she will continue working on these files, and I can assure the hon. member that the government has taken this case and the Martin case very seriously.

The Minister of Foreign Affairs, as I stated, talked just yesterday to Mexico's foreign minister and the Secretary of State for Multiculturalism is in contact with Brenda Martin as well. His office is in contact with Brenda Martin at all times. We are watching this file and putting on as much pressure as we can for this file to go very quickly. We are also concerned about her well-being and about the length of time this case has taken.

7:50 p.m.

NDP

The Deputy Speaker NDP Bill Blaikie

The motion to adjourn is now deemed to have been adopted. Accordingly the House stands adjourned until tomorrow at 10 a.m. pursuant to Standing Order 24(1).

(The House adjourned at 7:50 p.m.)