Mr. Speaker, I was speaking of a man who was facing over 100 years in jail because of a number of white collar crimes.
Under section 44(1) of the legislation the minister may determine that a surrender order will be unjust or oppressive because we in Canada do not have such lengthy sentencing practices. This is a case from the United States. It does not involve capital punishment, but it does involve the potential for a minister to practise imposing political opinion on foreign jurisdictions, and again this is wrong.
If we as a country have a disagreement with the methods of punishment of other countries, then perhaps we should not enter into agreements with them on the extradition process. We should not agree to extradite and then dictate to them how we wish them to punish their criminals. We certainly would not like to see the shoe on the other foot. We would not like to see other countries order us to punish our criminals in a certain manner prior to their release on extradition back to Canada. In fact we would probably not put up with it. We should not attempt to impose those same restrictions on other countries.
I have a few more comments about the minister having the executive power to refuse to make a surrender order. There has been much talk about this legislation modernizing the extradition process. There had been many complaints about our present system being too slow and too complex.
Bill C-40 is intended to make the process more efficient and effective. However, we still have the problem of the sections under the reasons for refusal which start at page 17 of the bill, the involvement of the minister to in effect veto the actions of our courts.
We have already seen the present minister recognize her inefficiency and ineffectiveness with our own section 690 Criminal Code applications. It sometimes takes years for her to decide whether an injustice has occurred within our own judicial process. She is looking for some way to offload her responsibilities.
We have already seen how the minister can make an extradition surrender order only to have that decision appealed to our superior court. It will have taken years merely to ultimately decide whether or not to return two alleged murderers to the United States. Our bureaucratic system is doing little to bring closure to the families of the victims of that crime. It is doing very little to put that matter to rest within that particular community.
The legislation leaves much to be desired. It leaves far too much discretion or power with the minister. We have seen prime examples of the minister being unable to properly deal with decisions under our section 690 applications in our present extradition process. The legislation will not change that difficulty.
The government has made up its mind that it is better to appear to do something rather than to actually do it right. As a member of the official opposition all I can do is point out weaknesses and hope that at some point the government will listen and start to do what is right for Canadians rather than continue to act solely for political reasons.