Mr. Speaker, I am very pleased to take part in this debate.
It is always a pleasure to participate in debates in this place, particularly with respect to such an important piece of legislation as Bill C-40.
This bill, as previously mentioned, will amend the Canada Evidence Act, the Criminal Code, the Immigration Act and the Mutual Legal Assistance in Criminal Matters Act. It will also amend and repeal other acts as a consequence.
Again, I would like to highlight that it is my pleasure to participate in a debate on such a substantive piece of legislation sponsored by a government that has a well-earned reputation for a light legislative agenda. Moreover, the Minister of Justice and the solicitor general, both former and current, are well known for their great delay in responding to the call of Canadians to bring much needed law and order legislation.
In more simple and less partisan tones, this legislation will essentially merge a 100 year old Extradition Act and the Fugitive Offenders Act into the new and modernized Extradition Act. I share the belief of the parliamentary secretary that the objectives of this bill are certainly positive, beneficial and laudable.
Several events justify the revision and the update of the Extradition Act. Expediency is an important aspect of this legislation, as previously mentioned by my colleague in the New Democratic Party, just as there is a need, I would suggest, for speeding the immigration process, which is also an area of vital concern to this country.
Not only is the current legislation over 100 years old, it does not deal with modern criminality like telemarketing fraud and the use of the Internet to commit offences outside of our jurisdiction. Sadly, criminal activity is keeping pace, if not surpassing, the rate of change in society and technocrime is all too present in our modern world.
The present act is not flexible enough to accommodate changes arising from the globalization of criminal activity such as the drug trade, organized crime and transborder crimes. As previously mentioned by other speakers, organized crime has reached a crisis level in this country. According to our own police and security officers there is a drastic need to intervene.
The Liberal government currently has the impression that Canada, particularly its ports, is open for business. There is an obvious need for legislation to stem the tide of crime.
The Extradition Act was last amended in 1991 by the former Progressive Conservative government. Bill C-31 considerably reduced delays in extradition cases. At that time groups within the law enforcement and security intelligence communities were already requesting a complete overhaul.
The former PC government also passed legislation known as the Mutual Legal Assistance in Criminal Matters Act, a bill which this House also seeks to amend under the legislation.
Our former government in its legislation, nonetheless, enabled Canada to co-operate more effectively with other countries in the investigation and prosecution of transnational and international crimes, such as acts of terrorism, drug smuggling and money laundering.
Sadly, the U.S. state department's most recent annual international report, the international narcotics control strategy report, listed Canada as currently being one of the more attractive locations to launder illegal cash. Under the Liberals our country falls into the same category as Brazil and the Cayman Islands when it comes to international crime.
There is certainly a need to talk less about fighting international crime or organized crime and a need for more action, something which I hope the new solicitor general will address in his annual ministerial statement on organized crime later this week. I know that all of us in opposition are anxiously awaiting that moment.
As previously mentioned, Bill C-40 proposes to merge the Extradition Act and the Fugitive Offenders Act. The new act would allow Canada to meet its international obligations since it would allow extradition to international criminal courts and tribunals, including war crime tribunals. It is apparent of late that traditional impressions of war crimes have expanded and changed and there is a need for a strong international response.
A person would be extradited under this act if the act was committed outside of Canada, but it would also be considered a crime within Canada, commonly known as double criminality. There are some constitutional experts and lawyers who view this as potentially problematic in this country when it comes to judicial interpretation.
There are requirements for some interpretation of evidence to become more flexible. This would also bring Canadian extradition procedures and practices more in line with other countries. Granted, there must always be safeguards when it comes to the consideration of certain types of evidence, particularly hearsay evidence that is not certified or in some way sworn testimony.
The government, however, hopes that the new legislation will prevent fugitives from considering Canada as a safe haven to avoid facing the judicial system of their own country or the country of origin, where the crime was committed.
The new act also retains the Progressive Conservative amendments of Bill C-31 which were there to maintain the efficient extradition process.
Canadians have continually expressed concerns about Canada's extradition laws. They want to prevent this country from becoming a safe haven that would harbour criminals, criminals who arrive to avoid prosecution within their own countries.
Over the past number of years several high profile cases, such as the Ng, Kindler, Maersk Dubai and Narita Airport bombing cases, have become well known within the country and as well have highlighted and caused Canadians and our extradition partners on the international level to express concerns. These cases have also demonstrated the need to reform and modernize our extradition laws.
I was pleased to add my name to many who objected this summer to the scheduled deportation of former Maersk Dubai crew members in the province of Nova Scotia. New Brunswick Conservative Senator Erminie Cohen played a key role in soliciting support for these brave men and for that we should all thank and praise her.
Perhaps members who continually denigrate the upper chamber should take a page out of Senator Cohen's book and look beyond partisanship. She is one of many senators who work hard to raise issues which are sometimes given short shrift in the House of Commons.
One of the major concerns with the legislation is that Canada requires the countries requesting the extradition of a fugitive to submit their request according to a fairly narrow approach to what is acceptable evidence.
The rules of evidence are relaxed and hearsay evidence is relied upon heavily. Documents from foreign jurisdictions can be received for consideration at an extradition hearing. There is concern with respect to the certification of these documents and their acceptance carte blanche without the ability to cross-examine the subjects of the affidavits or documents.
Safeguards, however, would exist. There would be a great deal of discretion and emphasis placed on the minister to determine whether these documents are acceptable.
However, this creates some difficulty, especially for countries working within a civil law system where they rely on facts and accept a wider variety of forms of evidence which are permissible before the courts. There is a real potential for harm here and reprisals for wrongful convictions know no boundaries.
Other concerns include the difficulty for Canada to meet its international obligations with respect to international criminal courts or tribunals, as Canada cannot extradite a fugitive to such a body under the present regime. Over 100 years ago when extradition legislation was first adopted in Canada, many forms of telecommunications and other forms of communication did not exist, nor did airplanes, nor did the modern forms of transportation.
The current legislation is silent on newer crimes such as telemarketing fraud, theft of information by computer, the use of the Internet to commit an offence in another jurisdiction, and is not flexible enough to accommodate changes arising from the globalization of criminal activities. The increased levels of drug trading, organized crime and transborder crimes obviously come quickly to mind. However, this new legislation does move in that direction.
The increased mobility of individuals is a reality that did not exist but has to be kept in mind when anyone is drafting new legislation. It also highlights the need for effective extradition relations with our international partners. That has become crucial. The world is a smaller place, yet criminals have greater ability to access places where they can hide to escape justice. Following a comprehensive review and consultations with our many partners, we know that the Extradition Act and the Fugitive Offenders Act require major changes to reflect today's procedures and practices.
The bill tabled by the Liberal government will provide a single act that will simplify the extradition process in this country. It will also simplify the process for our partners who wish to extradite a fugitive from Canada back to their country and, reciprocally, for Canada to bring fugitives back to our country. At the same time the bill will provide enhanced protection and safeguards for persons who are the subject of extradition requests, in essence raising the standard of protection.
The proposed legislation would make our extradition process more accessible to foreign states by bringing the extradition processes and practices closer to those of other countries. More important, it would prevent Canadians from being the subject of unfair requests for extradition.
One aspect of the legislation where there is neglect, and it is a common theme for this government, is the issue of funding. We have often seen in this term and in the previous one that the government has passed legislation without any comprehension of the costs that would be associated. The Liberal government has repeatedly talked tough on the issue of organized crime, yet we know from the auditor general's report that it slashed $74 million from the RCMP's organized crime unit in the last fiscal year. It is an apparent contradiction. The words do not appear to be followed by the act.
The Liberal government can no longer deny that the implementation costs of Bill C-68 are skyrocketing. Some estimate that by the time this cumbersome legislation is operating the cost will be in the range of $350 million. Some estimates have gone as high as $500 million.
We are discussing a very important piece of legislation, sponsored by the Minister of Justice, yet there remains a shortfall of $200 million for our national policing services. Since 1993 we know that CSIS has lost more than 20% of its overall employees. No matter how well intentioned this legislation or other pieces of legislation, the government has to recognize that law enforcement agencies need the resources to implement the law. I cannot for the life of me understand how the government expects its law enforcement agencies to do so otherwise.
There were a number of positive amendments proposed at the justice committee. I commend my colleagues for their participation at the committee. Some of the very common sense amendments to correct this legislation pointed out glaring examples of the need for review from a balanced perspective, a non-bias perspective, particularly when it comes to matters of justice.
The participation of criminal lawyers at the justice committee was very significant in the proposal of some of these changes. Some of the changes were implemented and brought forward by members of the opposition. I acknowledge the government's openness with respect to some of those amendments. Unfortunately, however, only some of the amendments were accepted.
My colleague in the Reform Party has highlighted much of their participation. In particular, there is one change that talked of the need to include a definition with respect to Bill C-40 in clause 44 which refers to:
—nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability or status—
This amendment was very important. Obviously it keeps the definition very much in line with other pieces of legislation, most importantly the charter. It is important to note that the Reform did not propose this exact amendment. In fact the sexual orientation definition was not part of its proposed amendment.
With respect to the amendments the government was amenable to them. It demonstrates the importance of having an opposition do its job, do its homework, be prepared to participate and bring forward useful and meaningful amendments.
One such amendment that has received some attention already in this debate was the increased discretion of the minister with respect to this piece of legislation. It refers to the minister herself or himself, depending on the individual and their ability to assess the situation and determine the appropriateness of the extradition itself. A very significant and subtle balance must exist between the appropriate political authority of the minister in deciding surrender orders or extradition orders and the minister's role in processing these orders.
Proposed amendments were voted down at the committee level which I think would go a long way to meeting that balance. There would be judicial review at some point or perhaps a panel of individuals who would therefore examine the factual scenario to decide the appropriateness of the extraditing country's request.
A higher level of diligence is now placed upon the minister under this piece of legislation. There are significant consequences for a wrongful extradition. There are significant consequences for Canadians in reverse to have to leave this country.
All efforts must therefore be made by the minister to make the significant inquiries to ensure that the request is legitimate and that the documentation which is forwarded is in line with the entire act. I hope that is the intention of the justice department.
It is somewhat contradictory to have the Department of Justice on the one hand limiting the minister's authority with respect to suggested changes to the final appeals process under section 690 of the Criminal Code, when on the other hand in this piece of legislation the department wants the minister to have expanded discretion in determining extradition and surrender orders.
There was another anomaly I wanted to mention which occurred at the justice committee. It was the participation of Kimberly Prost who served as senior counsel for the international assistance group, a key section of the justice department's department of extradition. As I understand it she had full participation in the drafting of at least parts of bill but she did not formally appear before the committee. Of course the government would know the reasons for that.
I am also concerned with the resulting charter implications. These implications were previously mentioned and highlighted by criminal lawyers who appeared before the committee. Particularly under Bill C-40 it is difficult to understand how we will apply the human rights standard adopted in the country under the Canadian Charter of Rights and Freedoms. Despite the flaws and despite the government's intransigence in accepting some of the opposition's amendments, the bill has significant weight and merit that are worthy of support.
Tabling of documents was another aspect that was mentioned and covered by previous speakers. Obviously this is no longer required under this piece of legislation as in other pieces of legislation. It is curious, however, and consistent with the government's approach of talking about transparency that when it comes to putting it into action there appears to be a different level of accountability.
As I previously mentioned, the bill will receive the support of the Conservative caucus. The bill is consistent with the prior Progressive Conservative government's activist approach to modernizing our extradition laws. Perhaps the Senate through its legal and constitutional affairs committee will be more even handed in considering amendments to Bill C-40.
In conclusion, on balance Bill C-40 has many positive measures that outweigh the drawbacks and it is legislation we feel is worth supporting.