Canada-China Relations Committee on Feb. 4th, 2020

[Janet Henchey]

The ability to withdraw the authority to proceed is provided for in the legislation. It has been delegated to officials in the international assistance group. The considerations are the same considerations that would exist in issuing the authority to proceed in the first instance. We would consider whether there's sufficient evidence and whether it meets the requirements of the particular treaty before we issue an authority to proceed.

If the considerations that were taken into account in issuing the authority to proceed change, and no longer exist the way they did at the time the authority to proceed was issued, that would be the basis for withdrawing the authority to proceed.

[Rob Oliphant, Liberal, Don Valley West, ON]

Is that a delegated decision as well, or is there nuance of difference between the delegation on the authority to proceed and the subsequent authority to not proceed?

[Janet Henchey]

No, they're both delegated to officials.

[Rob Oliphant, Liberal, Don Valley West, ON]

Okay. That's the part that I've kind of been getting.

Is that delegation by convention or is that the understanding our treaty partners have? Where does that lie?

[Janet Henchey]

It's not an issue for treaty partners; it's an internal justice issue. That was determined when the legislation first passed. A decision was made that all of the discretion that was vested in the minister would be delegated to officials, with the exception of a decision on surrender, in order to insulate the minister, as I said earlier, so that he can be as independent as he possibly can be at that stage of the proceeding.

[Rob Oliphant, Liberal, Don Valley West, ON]

I understand.

After the final decision, to add a sixth thing to what Mr. Harris said, there's the potential appeal of the decision to the Supreme Court. It could go even six stages. Am I correct on that?

[Janet Henchey]

There are two levels of appeal. There's an appeal “as of right” to the court of appeal of the province. It could be the British Columbia Court of Appeal or the Ontario Court of Appeal, depending on where the case is. That's an appeal from the committal. There's also a judicial review of the minister's decision. Those two things are heard together if they're both brought before the court of appeal. If the court of appeal upholds the decision, leave can be sought from the Supreme Court of Canada for a final appeal. Leave is rarely granted. It's granted only in cases of national importance.

[Rob Oliphant, Liberal, Don Valley West, ON]

This might be my last question, and I think I know the answer to it. Does the requesting country have any standing in any part of any of those six or seven processes? Do they have any rights in terms of making presentations?

[Janet Henchey]

No. The requesting country does not appear in court in extradition cases.

[Rob Oliphant, Liberal, Don Valley West, ON]

Anywhere?

[Janet Henchey]

No.

[Rob Oliphant, Liberal, Don Valley West, ON]

So their only time is that under the treaty they request an extradition, and then it is up to our processes, following Canadian jurisprudence, following Canadian rule of law and following all of those things.

[Janet Henchey]

That's correct.

[Rob Oliphant, Liberal, Don Valley West, ON]

Okay.

I have 18 seconds.

[The Chair, Liberal, Geoff Regan]

No, no, we have a minute....

Sorry, I'm mistaken. There isn't a minute.

[Rob Oliphant, Liberal, Don Valley West, ON]

I'm very good at keeping to my limit.

I suggest that to all members.

[The Chair, Liberal, Geoff Regan]

Well done. Thank you for assisting the chair and helping to keep me somewhat out of trouble.

Mr. Genuis.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Thank you, Mr. Chair.

There's one issue that hasn't been discussed yet that I want to drill into a little bit. In 2016, the Prime Minister posted a joint statement suggesting that Canada had agreed to negotiate an extradition deal with China. That was partially walked back. There was some confusion, I think, in the discussion about whether the government at the time intended or did not intend to negotiate an extradition agreement with China.

Could you just share with the committee whether there was a plan at the time? What was the context for the Prime Minister saying that they were considering negotiating an extradition agreement with China?

[Janet Henchey]

Of course, I can't speak on behalf of what the Prime Minister meant, but I can tell you that there was an agreement with officials that we would consider the possibility of an extradition treaty. It was something less than agreeing to negotiating a treaty. There were discussions undertaken to consider whether we would negotiate a treaty.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Okay. This is maybe where.... There were discussions to consider. Did those discussions to consider involve discussions between Canadian officials and Chinese officials to start to map out what that agreement could or would look like?

[Janet Henchey]

There were discussions between Canadian and Chinese officials about the Chinese interest in negotiating a treaty.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Okay. They were interested in a treaty. There were discussions between Canadian and Chinese officials about it, and the Prime Minister said, according to the statement, that we would be willing to negotiate this treaty. Meetings took place after that, I assume, between Canadian and Chinese officials. What happened next in terms of those discussions?

[Janet Henchey]

Again, I can't speak to what the Prime Minister said or didn't say. I can tell you that there was an agreement between officials that there would be discussions, and discussions took place. Where that fits into what you're describing as a statement from the Prime Minister, I can't tell you.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Okay. After that agreement, there were discussions between officials about this. There weren't just discussions about having that statement, but there were discussions after the statement about next steps. That's what I understand you're saying.

[Janet Henchey]

There were preliminary discussions about whether we might be interested in negotiating a treaty. No treaty has been negotiated.