Evidence of meeting #27 for Justice and Human Rights in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was extraterritorial.
A recording is available from Parliament.
Senior Legal Counsel, Beyond Borders ECPAT Canada
Should this be successfully heard by the Supreme Court, I suspect they're going to read language into it, which may ultimately end up in the code anyway.
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
And they may even be listening to you right now and listening to us, as legislators, saying something needs to be done there.
Senior Legal Counsel, Beyond Borders ECPAT Canada
Yes. I think what happened in that situation was an abomination.
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
Absolutely.
Ms. Smith, just before you start, I want to say what a pleasure it is to see you here today and to work with you on all these issues you have and how you have such a personal passion for it. So congratulations to you today, and please continue with your work.
Any comments?
Conservative
Joy Smith Conservative Kildonan—St. Paul, MB
I want to say that our government has put $5 million into the human trafficking initiative. It's the first time that's ever happened.
I think all parliamentarians, as Mr. Woodworth said, have been a good part of why that happened because everyone is working together to try to make this happen. The national strategy is something we're working on now. The Prime Minister did announce that during the last election, and I'm delighted about that.
I have to thank all parliamentarians for allowing Bill C-268 to go through. It's being used today, on the ground in Canada.
This is a heinous crime. I would invite everyone to read a book. I get nothing out of this book, but it's Canada's story, Invisible Chains. Read that book. It talks about what's happening here in Canada.
It's going to take a nation working very hard to get this done.
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
You've done a great thing, and there's an advertisement right next to you now, holding up a book. So thank you for that, and thanks to our government that, of course, did put in that significant amount of money.
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
I think he's going to be looking for a signature later.
I do want to say as well, in relation to jurisdiction and international law, that I did compete on the Jessup Moot Team for Australia, in the international mooting competition.
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
For Australia—law school in three countries. It was an amazing law school opportunity, and I will say the foreign element was something I enjoyed very much.
Of course, the solution test for international law deals with this, as well as the Statute of the International Court of Justice and other treaties from 1946 onward, and the codification of those laws.
Why not expand the jurisdiction to non-residents and non-citizens who commit these crimes abroad in places that don't have the same laws as we do and come to Canada for vacations? They're well known to the police. That does happen. Why not just do that? We have international treaties and we do have some ability after they are arrested to sort those things out diplomatically. But why not just do that?
My question is to the professor who wouldn't give me an A-plus earlier.
Prof. Amir Attaran
You can have one, that's fine.
But first of all I have to say that the University of Ottawa's Jessup Moot Team just won the national championship.
Conservative
Prof. Amir Attaran
I can't explain your choices in Australia, but we're trying to do the same quality of work here.
You could do what you are suggesting, go to the purest form of universal jurisdiction.
Conservative
Prof. Amir Attaran
Yes.
This bill does not have 24-carat universal jurisdiction. It has 18-carat universal jurisdiction.
I regard it as good. I regard it as comparable to what has been done. As I mentioned earlier, I think the list was hijacking, torture, and so forth.
If you want to go to 24-carat gold-plated universal jurisdiction, that also allows Canada to prosecute foreigners with no citizenship or residence connection to Canada who are here on vacation. This can be done, but it would certainly stand out in the Criminal Code.
Conservative
Prof. Amir Attaran
He can have an A-plus.
Is he prepared to come and teach at the University of Ottawa?
Conservative
Stephen Woodworth Conservative Kitchener Centre, ON
It sounds as if he really needs one. Did you get any in law school?
Conservative
Brian Jean Conservative Fort McMurray—Athabasca, AB
I got lots, actually, and I just got another one today.
NDP
Jasbir Sandhu NDP Surrey North, BC
Thank you.
Actually, I want to thank Ms. Smith for bringing this forward. I know that you have the full support of all the House for taking this into the third and final reading.
It did disturb me today, when I heard from the other witnesses in regard to what is in the bill, or what could be in the bill, that would help the victims. So I'm just going to throw it out to you. Did you think about the victims, how we can improve their...? What can be done, and what would you recommend in addition to what's in the bill?
Conservative
Joy Smith Conservative Kildonan—St. Paul, MB
First of all, that's a very good question, Mr. Sandhu. A private member's bill cannot put anything that involves money. I just can't do that. That's one of the reasons it wasn't in the bill.
The other thing that is there is a national action plan that was announced. The national action plan is being formulated right now, and it's addressing things like victims' needs. I wrote a prototype called “Connecting the Dots”. The Prime Minister received it, and he's given it to other ministers. I don't know if they're going to use that or not.
You know, we need to do much, much more in terms of support for victims, but as far as this bill is concerned, I couldn't do that.
NDP
Jasbir Sandhu NDP Surrey North, BC
We've heard from victims groups like Walk With Me that there's no funding at all available anywhere from the government. You can't include the funding, or expect any part of that in here, but what would you recommend to the government? You have some expertise in this area now. What would you recommend to government so that it takes steps in order to address some of the concerns raised by Mr. Attaran and Ms. Nagy?
