Briefly, again, this is similar to the amendment that preceded the last one, which adds the words “after the transfer, while they are serving their sentence”. Again, at present, the proposed paragraph would suggest that when an application is received, the minister must consider whether the offender is likely to continue to engage in criminal activity after the transfer. Again, we want to direct the minister's mind to the time period of while they're serving their sentence.
Again, for reasons similar to those I've expressed before, if we think a person is going to come back to a Canadian prison and continue criminal activity in prison--it could be drug trafficking, drug use, violence against other inmates, or sexual assault--that's a valid reason not to approve the transfer. But if we think this person is going to engage in criminal activity after they've finished their sentence, once again I would argue that it is better for community safety for us to approve that transfer, because we want to know.
If we think a person's going to engage in criminal activity after they come back to Canada, it's far better for us to know that and to transfer them so that we know of their record, we can at least try to get them into programs in our prisons, and most importantly, we can put them under community supervision for at least a portion of their sentence or at least have an opportunity to put them under supervision while they're serving their sentence.
If we leave it the way it is and deny the transfer because the minister thinks the person will engage in criminal activity after they serve their sentence, then we're again letting someone come back into Canada whose record we may not know about. They'll be re-entering our communities, where the police and the community will not know that they have a criminal record, the organizations they apply to work at won't know, and a search may not reveal that. Also, there would be no opportunity for community supervision.
I argue for community safety. It's important that we focus the minister's mind, as we have done in proposed paragraph 10(1)(j), as the government has recognized, so that we focus our mind on when that person is serving their sentence.