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Public Safety committee  I have clients who, one or two years before they would be deported from the U.S., will withdraw their consent because they know they can come back at deportation free and clear.

November 15th, 2010Committee meeting

John Conroy

Public Safety committee  No. I think there are only two or three they haven't overturned out of all the ones I've been involved in, and I'm thinking of two I wasn't involved in--DiVito and Grant were the...and Kosorov. Kosorov was an abandonment of Canada as a permanent residence. Those are the only thre

November 15th, 2010Committee meeting

John Conroy

Public Safety committee  Absolutely.

November 15th, 2010Committee meeting

John Conroy

November 15th, 2010Committee meeting

John Conroy

Public Safety committee  Well, there will still be a lot of judicial review, I'll guarantee you that, both in relation to section 6 and section 1 of the charter and just general judicial review principles. But I generally agree with you. And you should know that notwithstanding that court decision in G

November 15th, 2010Committee meeting

John Conroy

Public Safety committee  Absolutely. It's clearly designed to get around what the courts have done so far and to make it easier to deny, as I said in my opening remarks. Section 1 of the charter, though, will hopefully be the section that curtails these unreasonable limits.

November 15th, 2010Committee meeting

John Conroy

Public Safety committee  They're not eligible.

November 15th, 2010Committee meeting

John Conroy

Public Safety committee  I'm assuming that if they're sentenced to death, they're going to remain in that country until that sentence is carried forward. Canada can't administer that sentence, so they're not eligible to come back under this act.

November 15th, 2010Committee meeting

John Conroy

Public Safety committee  Unless the other country commutes the sentence, that's right.

November 15th, 2010Committee meeting

John Conroy

Public Safety committee  Well, if the citizen commits the offence in the other country, they're subject to the laws of that country. In the death penalty situation, the act simply doesn't apply.

November 15th, 2010Committee meeting

John Conroy

Public Safety committee  Well, no. They're eligible to apply, but if the consent isn't given, they're not coming. They will not go forward.

November 15th, 2010Committee meeting

John Conroy

Public Safety committee  Well, they're not eligible because the sentence can't be administered. Remember the dual criminality principle in international law: the offence and sentence have to be an offence and sentence in Canada, because we convert them to Canadian sentences.

November 15th, 2010Committee meeting

John Conroy

Public Safety committee  What if the victim is in the other country where the offence occurred?

November 15th, 2010Committee meeting

John Conroy

Public Safety committee  But if these offences are committed in another country, do we have a case in which the victim is in Canada? I don't know of one. The drug offences, I suppose—

November 15th, 2010Committee meeting

John Conroy

Public Safety committee  We might have a little bit of information, but we have no control over the person. What comes through to me is that the government seems to lack faith in the ability of the Correctional Service of Canada and the National Parole Board to protect victims and to protect other Canadi

November 15th, 2010Committee meeting

John Conroy