I was not in the House at the time, it was just what I read in the press. I do not always believe everything I read in the press, but certainly there were reports to that effect.
The bill should include the potential threat to an offender's well-being as a result of serving his or her sentence in a foreign state as a proper consideration for the minister to make.
Looking at the bill, which I only received a little while ago, clause 10(2)(a) allows the minister to refuse transfer of a foreign offender where in the minister's opinion the offender will commit a terrorist act or join organized crime. In other words, the minister is required to predict the future criminal activity of a foreign offender. This is a very difficult and maybe impossible standard to be held against or to act upon.
As is, the provision is quite broad in scope. It has the potential to be abused, especially where the foreign offender is the subject of political controversy or dissidence unless clearer criteria are established for the minister. According to the wording of Bill C-33, it would not be difficult to conceive of a situation where a foreign offender may be denied transfer because of some undefined notion of terrorism or organized crime where it would serve the interests of others than the public's.
These are areas that are very difficult to codify and put into law but the bill should be clear on this issue if possible. Either establish what criteria is to be met before the minister may deem the offender likely to commit terrorism or participate in organized crime, or insert a clause requiring the offender to be previously convicted or charged of terrorism offences or organized crime offences before the minister may proceed on such an assumption. I think those are two possible ways of doing this.
Bill C-33 should be supported for its humanitarian purpose, but we should not assume that the transfer of prisoners back to Canada necessarily results in more humane treatment. We should not allow the government to pat itself on the back too long because we still have problems in our own prison system. One only needs to think of the lack of correctional services facilities for women or for aboriginal people in our country to realize there is a great need for development of our own corrections system. Let us not lose sight of the forest for the trees; there is still more progress to be made. Bill C-33 is just a step in the right direction.
Those are a few of my thoughts on the bill. We support the bill in principle. We think it is going in the right direction. We think it is fair and balanced. It is not a wholesale transfer of prisoners from one jurisdiction to the other. It is not the prisoner making the decision by herself or himself whether or not there should be a transfer. The transfer only happens if Canada agrees to it through the office of the Solicitor General, if the foreign country agrees to it through its appropriate government spokespeople and if the prisoner himself or herself agrees.
I believe this is a step in the right direction. I look forward to seeing the bill in committee and talking about it in more detail.