Evidence of meeting #49 for Foreign Affairs and International Development in the 40th Parliament, 3rd session. (The original version is on Parliament’s site, as are the minutes.) The winning word was review.
A recording is available from Parliament.
Liberal
Bob Rae Liberal Toronto Centre, ON
Welcome. I hope that the Government of Canada will be able to help you.
Can you tell us which specific Canadian initiatives you would like to see implemented? Do you want us to share our expertise and to send foreign judges to conduct an investigation of the former president? Can you tell us how exactly this would be done?
Special Advisor to the President of Haiti, Legal Affairs, As an Individual
The first thing we are looking for from your government is support. We are hoping for a political statement or political support of the Haitian government's initiative related to serious crimes against humanity.
Second, we would of course ask that you share the expertise that Canada has developed in these types of prosecutions. Canada has several senior legal experts who could help our prosecution prepare cases.
Friday, I met with the president and the director general of the Quebec Bar. They told us that there are Quebec Bar legal experts that could help us. Some of them have worked at international criminal tribunals. They have experience in similar cases.
Liberal
Bob Rae Liberal Toronto Centre, ON
I have another question you may have a hard time answering. What is the current legal status of former president Aristide? Does Haitian law allow him to return to the country?
Special Advisor to the President of Haiti, Legal Affairs, As an Individual
Yes. According to Haitian law, he can return to the country. In addition, some two weeks ago, he was issued a diplomatic passport by the Haitian government.
Special Advisor to the President of Haiti, Legal Affairs, As an Individual
Yes.
Special Advisor to the President of Haiti, Legal Affairs, As an Individual
Yes.
Special Advisor to the President of Haiti, Legal Affairs, As an Individual
I cannot say at this time. However, I know that, in 2004-2005, an inquiry was launched into his administration. In principle, there could also be charges brought against former president Aristide.
Liberal
Bernard Patry Liberal Pierrefonds—Dollard, QC
Mr. Magloire, thank you for being here. I have two very short questions for you.
First, what court of the Haitian government can prosecute former president Duvalier for his crimes against humanity? Second, we know all too well that run-off elections are currently taking place and that one of the two candidates was in Montreal last week. Have the discussions on the next Haitian election mentioned that former president Duvalier could be indicted by a human rights court?
Special Advisor to the President of Haiti, Legal Affairs, As an Individual
Thank you, sir.
Former president Duvalier can be prosecuted by the Port-au-Prince court of first instance. The case is now before the investigating judge's office. The prosecution has actually brought the matter before the investigating judge's office, which is inquiring into it. In principle, according to Haitian law, the investigating judge's office has two months to conduct an inquiry and one month to render an order following the inquiry. Of course, this time period can be extended if it is justified, but it basically consists of two months and an additional month to render an order. Under those conditions, the trial could be heard before a court of first instance.
Regarding run-off elections, which will take place on March 20, I heard Ms. Manigat say that she may consider letting the case move forward. As you know, President Préval's mandate will be up on May 14, 2011, at the latest. As the former minister of justice under Préval and current special advisor to the President, I feel that we must do everything in our power, in collaboration with the international community, of course, to ensure that enough progress has been made in this case to warrant a conviction, just in case we are unable to continue with the trial or it becomes difficult to do so. The international community should pledge its commitment to the prosecution of and the fight against impunity as soon as possible.
Conservative
Bloc
Johanne Deschamps Bloc Laurentides—Labelle, QC
Good afternoon, Mr. Magloire. Thank you very much for your patience. Certain incidents have contributed to the lateness of your testimony.
You are asking Canada for its expertise, and you want that expertise to be provided directly. In other words, as you said earlier, you would like Canada to send legal experts to Haiti in order to set up a structure that would, among other things, help rehabilitate your government in terms of serious crimes against humanity. Is that correct?
You have met with the Haitian diaspora. How did its members react to your expectations of them and to the request you are making, through them, for Canada's support?
Special Advisor to the President of Haiti, Legal Affairs, As an Individual
Regarding the first part of your question, I think that the expertise of Canadian legal officers could be useful to us and is desirable, as much from the point of view of the prosecution and the crown prosecutors, as from the point of the judiciary itself. This expertise would be welcomed, I believe. I met with Ms. Elizabeth Corte, Chief Justice of the Court of Quebec. She promised that she would provide support to Haitian judges.
As I already said, Haitian legal experts are not very familiar with these notions. Very few know about international criminal law, whether we are talking about jus cogens or the applicability of statutory limitations to crimes against humanity. If the judicial system is not provided with basic training and information, our initiative might fail. Canadian political support is also desirable.
Bloc
Special Advisor to the President of Haiti, Legal Affairs, As an Individual
I had the opportunity to meet with many Haitians from the diaspora or with Canadians of Haitian descent since last Thursday. Everybody wants justice to prevail in Haiti, since that would usher in a new era. I think that the objective behind the Duvalier case is not only to mete out punishment, but also to serve as an example to possibly discourage any officials who might think about misappropriating public funds.
Bloc
Johanne Deschamps Bloc Laurentides—Labelle, QC
To wrap things up, Mr. Chair, I don't know whether a project could be submitted to CIDA, for instance. We could present a project that would involve a group of experts and legal officers from Canada who could go to Haiti and provide expertise and training. I assume that the Minister of International Cooperation is very open toward Haiti. I assume that she would be open to such an initiative.
Bloc
Jean Dorion Bloc Longueuil—Pierre-Boucher, QC
Thank you for being here, Mr. Magloire.
I feel that your name is closely associated with Haiti. Actually, I was still a child when your uncle, former president Paul Eugène Magloire, visited Montreal. At that time, he made a strong impression.
I would like you to clarify something for me. We are talking about Jean-Claude Duvalier, and I'd like to know what exactly his status is right now. Is he in prison, in police custody, under mandatory supervision? What is his status?
Special Advisor to the President of Haiti, Legal Affairs, As an Individual
At this time, former president Duvalier is under a prevent-departure notice. The committing magistrate has personally asked him to not travel without his authorization, but no written order has been issued. However, according to Haitian law, if there is no written order, there is no decision. A prevent-departure notice has been issued, so he cannot leave the country, but he can travel within it. He's actually done just that recently.
Bloc
Jean Dorion Bloc Longueuil—Pierre-Boucher, QC
How is his safety ensured? There must be people who do not have fond memories of him.
Special Advisor to the President of Haiti, Legal Affairs, As an Individual
This is a huge problem for the officials and the police. His travels are a real headache for security forces. We want the investigating judge's office to follow up on the case because we have been working on it for two weeks. I am at the head of a team that was put in charge of preparing the case for the prosecution, the crown. This case was sent before the investigating judge's office, and I hope that, at Mr. Duvalier's next hearing, which could take place this week, other measures will be taken against him.
