Mr. Speaker, I would like to indicate my support of Bill C-15, the International Transfer of Offenders Act. The amendments it contains will modernize the legislation in order to reflect the numerous changes that have taken place since it was enacted back in 1978.
The provisions of Bill C-15 will allow Canada to negotiate the transfer of offenders in a manner consistent with current international standards, and will provide a mechanism for cooperation in criminal justice cases.
In short, the International Transfer of Offenders Act will enable Canada to enter into treaties with other countries for the transfer of offenders. Under the terms of such treaties, Canadian citizens convicted and sentenced in another country may serve the rest of their sentence in Canada, while foreign nationals convicted and sentenced for crimes in Canada could return to their country of origin to finish serving their sentence.
I must point out that the provisions of the International Transfer of Offenders Act would apply only to those persons actually convicted of a criminal offence, and not to those in preventive detention awaiting trial or appeal.
As well, I should point out that transfers under this act would require the full consent of the offender, as well as that of the receiving state and the sending state. Without the full consent of those three parties, an international transfer cannot proceed.
Some people may wonder why we ought to be concerned about Canadian citizens who are incarcerated in a foreign jurisdiction. Why not leave them there to serve their sentence? Why not let them learn a lesson from their experience, and serve as a warning to others tempted to commit crimes while abroad?
To answer that, I would draw attention to two interdependent objectives of the International Transfer of Offenders Act: the humane treatment of offenders and public safety. The purpose of these objectives is to ensure the human rights of the incarcerated offender, as well as to confirm the concepts behind Canada's criminal justice policy.
These objectives recognize that the vast majority of offenders will eventually be released back into the community and that the best way of ensuring public safety, in the long term, is to prepare them for their eventual return to society as law-abiding citizens. I am well aware that there are some who would challenge the notion that Canada's approach to criminal justice, generally, and corrections, specifically, is effective in protecting Canadians from crime.
In this regard, I would point to public records showing a steady decline in crime rates across most of Canada. In addition, the success rates of offenders released from our penitentiaries while under supervision are available and speak very positively for themselves.
The International Transfer of Offenders Act would ensure that Canadians who are sentenced abroad and who elect to return to Canada while under sentence would be managed in accordance with the policies and programs proven to reduce the long term risk to the Canadian public.
During the debate on Bill C-15, we have become aware of the issues facing Canadians sentenced abroad, often under difficult conditions. I am referring specifically to factors relating to human rights, sanitation, health care and nutrition.
I am also referring to the added burden associated with the differences in culture and language and to the hardship of being far removed from friends and family. The International Transfer of Offenders Act would take into account these humanitarian considerations, while also protecting public safety by addressing the offenders' criminogenic factors before sentence expiry.
Nevertheless, we must be very clear. The International Transfer of Offenders Act is not based solely on humanitarian intentions. The treaties enabled by this act do not allow offenders to somehow evade justice. These treaties stipulate that the receiving state shall neither interfere with the finding of guilt nor lessen the sentence handed down by the sentencing state.
I noted earlier that the Transfer of Offenders Act dates from 1978, which is some time ago. Principles of good governance require that legislation be reviewed from time to time in order to evaluate its continuing relevancy and effectiveness.
Consequently, the Transfer of Offenders Act was the subject of broad consultation, which included over 90 private and public sector agencies. This consultation revealed strong support for the Transfer of Offenders Act. However, the consultations also revealed that the act could benefit from some amendments, which are included in Bill C-15.
The amendments introduced in Bill C-15 can be placed in one of three categories. The first type are amendments that reflect the traditional treaty principles that have developed over time. The second, are those that address the gaps in the Transfer of Offenders Act. Finally, the last category of amendments contains the proposals that would contribute efficiencies to the current process.
I would now like to cover the main points covered by these reforms in Bill C-15.
First, the purpose and guiding principles of the act are identified. This is an important feature of modern legislation, and it helps promote consistency within Canada's body of criminal law, namely the Criminal Code and the Corrections and Conditional Release Act. Specifically, the purpose of the new international transfer of offenders act is to, and I quote,“contribute to the administration of justice and the rehabilitation of offenders and their reintegration into the community by enabling offenders to serve their sentences in the country of which they are citizens or nationals”.
Second, the international treaty obligations and principles considered legally essential are included. These principles include those that ensure offenders have access to processes consistent with natural justice and due process. Enshrinement in the act of legally sound principles is necessary to ensure that the courts do not strike down the transfer process that could result in the unsupervised release of an offender into the community.
Third, eligibility criteria have been broadened to permit an increased range of Canadians to be transferred. Presently, young persons under probation, children, and mentally disordered persons are ineligible for transfer under the Transfer of Offenders Act. Amendments introduced in Bill C-15 would make these individuals eligible for transfer. This proposed amendment is in line with the humanitarian objectives of the new international transfer of offenders act.
Fourth, clarification on the decision-making provisions have been included where provincial consent is required for the transfer of offenders on probation, provincial parole, provincial temporary absence and for offenders under a conditional or an intermittent sentence.
Fifth, updated provisions are included that would result in the consistent and equitable sentence calculation for transferred offenders and would ensure the equitable treatment of transferred offenders when a pardon is granted or when a conviction or sentence is set aside or modified.
Sixth, reforms have been introduced to allow the negotiation of transfers on a case by case ad hoc basis between Canada and states with which Canada has no treaty or jurisdictions, or territories that are not yet recognized as a state, or other entities such as Hong Kong or Macao. In light of today's rapidly changing political landscape, this is a particularly relevant feature.
There is one last point related to the reforms introduced by Bill C-15. Most states are convinced in today's global climate of the need to work multilaterally and bilaterally to address criminal conduct in a way that is in harmony with longstanding principles of territoriality.In the absence of an instrument to enforce foreign laws, crime could be encouraged rather than prevented.
By working together through the transfer agreements enabled by the new International Transfer of Offenders Act, Canada would have the flexibility to work with a broad range of countries and other entities in matters of criminal justice in a way that would lead to public protection through the safe and gradual reintegration of offenders into society.
In conclusion, and for all the reasons I mentioned here, I ask my colleagues from all parties in this House to fully support this legislation.