Being able to plead guilty in Canada to crimes committed abroad would be very important in certain cases, especially those involving people with mental illness or autism spectrum disorder. Those people already have huge problems to deal with. Being here in Canada, with their family, where they can communicate in their own language, is so important. In my opinion, going to the United States, having to adapt and facing the possibility of a decades-long prison sentence could make them suicidal. I would call that cruel and unusual punishment. As it happens, I commissioned an expert report on this for a case, and I'm expecting it shortly.
There's also the matter of universal jurisdiction. In the Cotroni case, Mr. Cotroni asked to be tried in Canada. The Supreme Court refused, saying it would cost too much to bring witnesses over, among other things.
Given the disparity between the sentences meted out in Canada and the United States, however, why shouldn't a Canadian citizen be allowed to plead guilty here in Canada? I don't think that would run counter to our international collaboration. As I wrote in my brief, the costs would be low for both the United States and Canada. There would be collaboration, especially since we have universal jurisdiction. I think that would be a plus, and it's extremely important.
I just can't get over the fact that this isn't allowed. I think it ought to be legal. I seem to recall another Supreme Court case where the person said they wanted to plead guilty in Canada, as in the case of Mr. Cotroni. However, the Supreme Court decided that that wasn't a right. It was up to the minister, in cooperation with the United States, to make the decision. But I don't remember which ruling it was, and I don't have it with me because I had hardly any time to prepare, as you know. I'm very busy.
I don't remember what year the ruling was from, so I don't know if universal jurisdiction already existed at the time. But that would be a plus, especially for people with mental disorders, such as autism. I think that, in all cases, this ought to be allowed in light of the disparity between the sentences handed down in the United States and Canada.