Mr. Speaker, the hon. member for Notre-Dame-de-Grâce has asked whether the government intends to amend Canadian law to permit the referral of an accused person to the new proposed international criminal court which is currently being debated by the general assembly in New York.
Canada has been a leading advocate in support of the establishment of a permanent international criminal court that would try major international crimes, such as war crimes and crimes against humanity, and which would obviate the need to establish ad hoc tribunals as has been done for the situations in the former Yugoslavia as well as Rwanda.
In order to answer the question posed I believe that it is first necessary to review the history of this issue before talking about the need or timetable to enact legislation in Canada.
In December 1994 the general assembly established the ad hoc committee on the establishment of an international criminal court to review the major substantive administrative issues arising out of the International Law Commission's draft statute for an international criminal court. The report of the committee was considered by the 50th session of the general assembly in 1995 which decided that a preparatory committee should be struck with a view to preparing a widely acceptable consolidated text of a convention for an international criminal court. This would be the next step toward holding a diplomatic conference of plenipotentiaries to finalize the convention.
The preparatory committee on the establishment of an international criminal court found many major issues that remain to be resolved. The general assembly is currently considering the interim report of the preparatory committee. It is likely that the general assembly will reaffirm the mandate of the committee to continue its work in 1997 and 1998 with a view to having a diplomatic conference in 1998 to conclude the final negotiation.
Canada has been a leading advocate of a permanent international criminal court but it is only after a final text of a convention is concluded, when we will know what is legally required of us, that Canada can enact legislation designed to implement the convention that will establish the court. At present the UN does not even have the complete comprehensive draft convention.
When the time comes to enact legislation in order to implement the future international convention that would establish the court, let me assure this House that Canada intends to enact the necessary legislation quickly. However, at this time it is premature to be enacting legislation. We are still at least two years away from the final negotiations that would conclude the international convention on the creation of the court.
There are many complicated questions to be resolved by the UN, not the least of which are defining what surrender process will be used and defining the role of national laws in relation to obligations to assist the court.
On the domestic level Department of Justice officials are already considering what amendments would be necessary in future to provide the requisite assistance to the proposed international criminal court. Internationally we are playing an important role on the UN preparatory committee.
At the preparatory committee Canada is attempting to ensure that the scheme that is eventually adopted will be flexible enough to accommodate and promote co-operation to the court from all legal systems.
In summary, this government is working toward the creation of an international criminal court domestically and at the United Nations. I would like to thank the hon. member for his question on this important issue at this time.