Evidence of meeting #34 for Public Safety and National Security in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was factors.
A recording is available from Parliament.
Conservative
Brent Rathgeber Conservative Edmonton—St. Albert, AB
—a number of additional factors that the minister may consider. We've heard what they are. I'm not going to repeat them. In your view as a person with some expertise in this, does this create an unfair and inequitable decision-making process?
Director General, Corrections and Criminal Justice Directorate, Department of Public Safety and Emergency Preparedness
I don't think I can comment on that.
Conservative
The Chair Conservative Kevin Sorenson
Thank you very much, Mr. Rathgeber.
We'll now move to Ms. Mourani.
You have five minutes.
Bloc
Maria Mourani Bloc Ahuntsic, QC
Thank you. I'd like to share two minutes of my allotted time with my colleague. Alright?
Bloc
Roger Gaudet Bloc Montcalm, QC
I just have one question. What if I were arrested on some charge in Thailand, served a two-year sentence and were then released. I return to Canada and I don't have a record here. I could become Prime Minister of Canada. If that's what you call security, then we're in big trouble! I just wanted to make that point.
Bloc
Roger Gaudet Bloc Montcalm, QC
Someone could become Prime Minister of Canada after spending two years in jail in Thailand. Think about that! It wouldn't be a problem at all! The law needs to change.
Bloc
Maria Mourani Bloc Ahuntsic, QC
I would like to discuss the case of Mr. Ronald Allen Smith. Are you familiar with this case?
Director General, Corrections and Criminal Justice Directorate, Department of Public Safety and Emergency Preparedness
Yes.
Bloc
Maria Mourani Bloc Ahuntsic, QC
Mr. Smith is an Albertan who, if memory serves me correctly, is still being detained in Montana, a state that has the death penalty. He murdered two people. He has been sentenced to death and, if I'm not mistaken, the government is still refusing to request his repatriation to Canada.
The death penalty was abolished in Canada in 1976. Two successive Conservative ministers, the Minister of Justice and the Minister of Public Safety, have refused an inmate transfer.
If my interpretation of the current legislation is correct, when a person is sentenced to death, it's possible to commute that sentence to life in prison.
Director General, Corrections and Criminal Justice Directorate, Department of Public Safety and Emergency Preparedness
He is not eligible to be transferred because the sentence is one that we cannot administer in Canada--the death sentence. That's correct.
Bloc
Director General, Corrections and Criminal Justice Directorate, Department of Public Safety and Emergency Preparedness
That would be a matter for American authorities to decide. If someone is serving a life sentence in the United States, they are eligible for transfer to Canada.
Bloc
Maria Mourani Bloc Ahuntsic, QC
However, in the case of a person sentenced to death in the United States, if Canada decides to repatriate that person and the United States agrees, that is, if the two countries agree and the offender also agrees, when the offender is returned to Canada, his sentence is recalculated in some way. Isn't that right? His sentence is commuted from a death sentence to life in prison.
Director General, Corrections and Criminal Justice Directorate, Department of Public Safety and Emergency Preparedness
The state would have to take action first to render the sentence one that could be enforceable in Canada.
Director General, Corrections and Criminal Justice Directorate, Department of Public Safety and Emergency Preparedness
Yes.
Bloc
Maria Mourani Bloc Ahuntsic, QC
The Secretary General of the Council of Europe made a statement in which he accused Canada of subcontracting the death penalty to other countries.
Do you feel that this bill as it is now worded will make this kind of decision even easier, or that it really won't change much—that depending on the government and its values, we could very well be subcontracting the death penalty?
Director General, Corrections and Criminal Justice Directorate, Department of Public Safety and Emergency Preparedness
I think all I can say is that there is no transfer application currently before Canada. There is nothing in this bill that on the face of it is relevant to the case.
Bloc
Maria Mourani Bloc Ahuntsic, QC
Earlier, you stated that amendments were made to address a number of shortcomings in the act. Specifically changes were made to protect women and children.
Do you not think that a provision should have been included whereby the minister is required to consider whether or not a person has been sentenced to death?
Director General, Corrections and Criminal Justice Directorate, Department of Public Safety and Emergency Preparedness
I must say I think that's a question for the government to answer.