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Public Safety committee  That's right. It's parole for the purpose of deportation.

October 20th, 2010Committee meeting

Mary Campbell

Public Safety committee  The only comment I would make is again to bear in mind the enormous variance in fact patterns. I have seen files, for example, where the offender relocated to the United States, potentially for a fairly brief time, and in fact committed an offence in the United States against a family member and was incarcerated in the United States for that offence.

October 20th, 2010Committee meeting

Mary Campbell

Public Safety committee  I would point out again that the amendment to section 3, the purpose of the act, is a limited amendment. The rest of the purpose of the act is exactly as it has been up until this time, so in terms of what the act is intended to do, that wording is still in place.

October 20th, 2010Committee meeting

Mary Campbell

Public Safety committee  I understand.

October 20th, 2010Committee meeting

Mary Campbell

Public Safety committee  I would just comment in response that, in a way, this system is somewhat analogous to the system of conditional release. I think most experts would agree that releasing someone under conditions, supervision, and support prior to the warrant expiry date is the best way to release someone from custody.

October 20th, 2010Committee meeting

Mary Campbell

Public Safety committee  I think it is clearly an issue of concern to everyone. When the act was created in 1978, there were no computers. There was no Internet. It was not a forum that was available to people intent on criminal activity. Obviously the world has changed significantly since then.

October 20th, 2010Committee meeting

Mary Campbell

Public Safety committee  Again, yes, there are many fact patterns. There may be individuals who already have a criminal record in Canada and then engage in and are apprehended for offences committed abroad. They may be committing offences in Canada that have not been detected. Again, what we're trying to do here is assist the minister in making decisions about transfers.

October 20th, 2010Committee meeting

Mary Campbell

Public Safety committee  Yes, they are, but I think the consideration that's also reflected in here is in relation to victims who may also exist in Canada, but indeed, also to preventing further victimization.... So if there is a concern—

October 20th, 2010Committee meeting

Mary Campbell

Public Safety committee  Correct, but if the concern is that returning to Canada would in some way raise the potential for new crimes in Canada, for further victimization—

October 20th, 2010Committee meeting

Mary Campbell

Public Safety committee  Initially, yes.

October 20th, 2010Committee meeting

Mary Campbell

October 20th, 2010Committee meeting

Mary Campbell

Public Safety committee  Yes, but I think the reality that also exists in that situation is that even in prison in Canada, unfortunately they can still commit offences, and that's something we have to consider. If they're coming back to Canada and will then be, if you like, reunited with a particular network or other criminal associates and will be able to more easily commit crimes in Canada even while in prison--

October 20th, 2010Committee meeting

Mary Campbell

Public Safety committee  Yes, and I think one of the challenges is that there are many, many different fact patterns and situations. I recall a case from about 10 years ago, although I have to confess that at this point in my career everything is about 10 years ago--

October 20th, 2010Committee meeting

Mary Campbell

Public Safety committee  Maybe it's my age. We had an unusual case of a Canadian who was facing allegations of serious fraud in Ontario. The person disappeared to England and ultimately turned up accused of a very serious violent offence in England. He was convicted and transferred back to Canada under the transfer of offenders act, unbeknownst to the family here in Canada, because of course they were estranged from him at that point.

October 20th, 2010Committee meeting

Mary Campbell

Public Safety committee  No, and certainly when I say that the vast majority of transfer cases involve drug offences, obviously there are other offences as well. I certainly have seen a number of sex offences cases in the transfer application files. As you've indicated, in this day and age I can certainly think of one where the person was active in Canada, was using the Internet in order to commit his offences, and then travelled down into the United States with the intention of committing an offence and was in fact apprehended by American authorities.

October 20th, 2010Committee meeting

Mary Campbell