Crucial Fact

  • Her favourite word was burlington.

Last in Parliament November 2005, as Liberal MP for Burlington (Ontario)

Lost her last election, in 2008, with 33% of the vote.

Statements in the House

International Transfer of Offenders Act April 26th, 2004

Mr. Speaker, Bill C-15, the international transfer of offenders act, is very important legislation and one which responds to a number of concerns that I have heard from constituents about foreigners who are jailed in Canada and Canadians who are jailed in foreign jurisdictions. I have had many calls to my office over the years asking me why we keep prisoners from other nations in Canada and why do we not transfer them out and have their countries assume their costs.

We do have a system as we are party to number of treaties and administrative arrangements with international partners. If we look back at the period of 1978 to 2003, a total of 118 prisoners were transferred from Canada to a total of six nations. The overwhelming majority of these individuals, 106, were transfers to the United States. Over the same period 1978 to 2003, 1,066 prisoners were transferred to Canada from a total of 25 different nations. The overwhelming majority again, 836, were transfers from the United States. The other nations returning the most number of prisoners to Canada were Mexico with 54, Peru with 29, the United Kingdom with 31, and Thailand with 17.

What is the system that we have in place? We already have a system that enables offenders to serve their sentences in the country of which they are citizens or nationals. This bill would repeal and replace the Transfer of Offenders Act, which sets out the principles that govern the international transfer of offenders, and would authorize Canada to enter into administrative agreements for those international transfers of offenders.

The bill would also expand the class of offenders that may be transferred, expand the class of jurisdictions with which Canada may enter into transfer agreements and, very important, expand the number of individuals who have to consent to such a transfer. For instance, if the sentence were two years less a day, the province in which the person was sentenced would need to consent to the transfer.

To answer the concerns of my colleague opposite, the act would clarify the sentence calculation rules that apply to transferred Canadian offenders. Let us be clear that a transfer is not available unless the Canadian offender's conduct would have constituted a criminal offence if it had occurred in Canada at the time the Solicitor General received the request for a transfer.

The verdict and the sentence imposed by a foreign entity are not subject to any appeal or any other form of review in Canada.

Along with setting out the conditions for transferring offenders, the bill makes consequential amendments to the Corrections and Conditional Release Act.

Canada has been a party to offenders treaties since 1978. There are 13 bilateral treaties and we accede to three multilateral conventions on the transfer of offenders, totalling some 60 sovereign entities.

With regard to the United States, the treaty between Canada and the United States of America on the execution of penal sentences applies not only to the U.S. federal authorities but also to all the states, except for Delaware and West Virginia.

The international transfer program is administered by the Correctional Service of Canada's international transfers unit, with the assistance of the consular services of the Departments of Foreign Affairs and International Trade.

As I mentioned, Canada has several international multilateral conventions to which we are a party. One is the Council of Europe's convention on the transfer of sentenced persons. That entered into force on July 1, 1985 and applies now to some 53 states. It is primarily a treaty that is intended to facilitate the social rehabilitation of prisoners by giving foreigners convicted of a criminal offence the possibility of serving their sentence back in their own countries. As to the concern of my colleague opposite about victims, if we rehabilitate individuals we can prevent the further victimization of individuals here in Canada or abroad.

In the past there were some difficulties and there continue to be some difficulties in communications for some of the offenders, perhaps because of a language barrier or the absence of contact with relatives, which we know has a positive effect on those who are in prison. Sadly, too many of our prisoners have no familial contact, which increases their risk to reoffend when they return to society.

The transfer may be requested by way of this convention by either the state in which the sentence was imposed or the state in which the sentenced person is a national. The transfer is subject to the consent, as I mentioned, of those two parties, as well as that of the sentenced person. A condition of any transfer is that the acts or omissions on account of which the sentence has been imposed must constitute a criminal offence in the administering state, the state in which a person is a national.

Other conditions are that the sentenced person must have at least six months left on his or her sentence to serve and the convention sets out the procedure for enforcement of the sentence following the transfer. We have to be very clear, on the point of the member opposite, that we in fact have these sentences, that if it is a period of incarceration it continues, that if it is a period of probation it continues and that the terms are consistent.

I would remind the member for Prince Albert that judges know full well how sentencing works. I think we should be honest with Canadians. If judges impose a period of 10 years, they know that a third of that is definitely behind bars, a third of that is with probation and a third with some other kind of release. They know whether someone is a long term offender and they understand that the sentencing is indefinite. Judges are aware of the rules and to suggest otherwise is a bit inappropriate.

Whatever the procedure chosen by the administering state, a custodial sentence may not be converted into a fine and any period of detention already served by the sentenced person must be taken into account by the administering state. The sentence in the administering state must be no longer nor harsher than that imposed by the sentencing state but it has to be consistent.

All parties to this convention are obligated to inform sentenced persons of the substance of this convention so that people can make arrangements. Once a transfer has taken place, the enforcement of the sentence is governed by the law of the administering state only. That is the state to which the person is transferred.

While the administering state is bound by the legal nature and duration of the sentence as determined by the sentencing state, if that sentence is incompatible with the law of the administering state that state may adapt the sanction to the punishment prescribed by its own law for a similar offence. The administering state shall not aggravate by its nature or duration the sanction imposed by the sentencing state nor exceed the maximum prescribed by the law of the administering state. The sentencing state alone, and only the sentencing state, which is the case of someone being transferred out of Canada, has the right to decide on any application for review of the judgment but either state may grant pardon, amnesty or commutation of the sentence.

As I mentioned, Canada is party to two other multilateral conventions: the scheme for the transfer of convicted offenders within the Commonwealth, which came into place in 1990, with seven nations adhering; and the inter-American convention on serving criminal sentences abroad which came into effect in 1996. These agreements have been ratified or adhered to by nine nations. I assume those are the agreements by which we had prisoners moved from Peru.

Both of those conventions state that prisoners are not allowed to be moved between nations against their will and must be informed of the consequences of agreeing to such a transfer. The conventions have other requirements in common. One is that the governments of both the sending and receiving nations must agree to the transfer, which is a pretty important agreement.

In Canada, as I mentioned, for offenders who are sentenced to two years less a day, the approval of the relevant province or territorial government is required, along with that of the federal government. The convicted person must be a national of the receiving state. We cannot, for instance, transfer from Canada to France a German citizen. It would have to be a French citizen.

It is also a general requirement of eligibility that a prisoner shall be considered for transfer only after all appeals have been settled and he or she has no further legal matters pending.

A sentence may not be lengthened by the receiving state but the enforcement of the sentence is governed by the laws of the receiving state. For instance, if they do not have the same kind of Corrections and Conditional Release Act that we have, perhaps they have a 50:50 split or they have less than a third-third split, then they would be able to govern the sentence arrangement.

In both of these conventions, the sentencing state retains full jurisdiction to grant pardon, amnesty or commutation of the sentence.

Interestingly enough, in 2001 some 5% of all offenders under the jurisdiction of Correctional Service Canada were foreigners: that is 5% of all offenders in Canadian jails. This is an important point since we often hear about foreigners coming to Canada and committing crimes. In fact, only 5% of all offenders in the federal corrections system were foreigners.

The overwhelming majority of those individuals, who total 1,100 people, come from the United States. As I mentioned, we have transferred 118 prisoners from Canada to a total of six nations, the majority of which were transferred to the U.S. Over the same period we have transferred some 1,066 prisoners to Canada from 25 different nations.

That is a fairly conclusive description of what this act seeks to do: how we must have agreements from both our nation and the receiving nation and the prisoners themselves; how we have to exhaust all the appeals; and how the sentencing nation, in this case if we are transferring somebody out of Canada, has the power too decide on any application for a review of their judgment. In fact, either state may grant a pardon, amnesty or commutation of the sentence.

I am sure Canadians will remember the intense lobbying that took place over the Canadian individuals who were sentenced to jail in Brazil. There was an agreement, they were brought home and they are serving out the rest of their sentences in Canada.

I hope that all members of the House will support the bill and ensure that we are implementing the treaties and administrative arrangements on the international transfer of persons found guilty of criminal offences, and pass Bill C-15 forthwith.

Justice April 2nd, 2004

Mr. Speaker, the special committee on the non-medical use of drugs examined the issues related to marijuana use in this country and made recommendations for changing legislation. The members were unanimous that we wanted action on the issue of drug impaired driving.

My question is for the Minister of Justice. What is taking place? What can we anticipate? How can police officers deal better with this issue?

Burlington Teen Tour Band April 2nd, 2004

Mr. Speaker, on Sunday, April 4, the Burlington Teen Tour Band will present its sixth annual Lincoln Alexander Concert at Hamilton Place, the 27th annual concert at this venue.

This year it is an extra special event. On the eve of the 60th anniversary of the D-Day landings in Normandy, these talented young Canadians will pay tribute to our veterans.

The Teen Tour band is Canada's largest youth band with approximately 200 members between the ages of 13 and 21. A military-style precision marching band, its members are commonly referred to as Canada's musical ambassadors.

The band was formed in 1947 to welcome home soldiers at the end of the war. They have performed all around the world at amazing venues all across Canada, the United States, and internationally at the 40th anniversary of the liberation of Holland and at the 40th anniversary of the D-Day ceremonies in France.

This concert will be an important opportunity to pass along the torch of remembrance to generations of future Canadians and help us all remember the sacrifices of our veterans.

Research and Development March 30th, 2004

Mr. Speaker, all of us know that Canadians need access to safe, clean drinking water right across the country. While as a nation we are blessed with abundant water resources, we must manage our water wisely and effectively.

It is for this reason that I am so pleased Technology Partnerships Canada has announced a $9.2 million investment to develop clean water technologies. Partnerships with industry and the private sector are key to innovation in this field. The government has an important role to play in stimulating innovation and supporting research and commercialization of new technologies.

In this case, a leading Canadian company, Zenon Environmental Inc., is working to develop leading edge technologies to produce better and more affordable water filtration systems.

I am proud to announce this initiative because it is an excellent example of how government can act as a catalyst, bringing economic, environmental and social benefits to all Canadians, and let me say way to go to Zenon.

Dominic Agostino March 25th, 2004

Mr. Speaker, yesterday Canada lost a great parliamentarian and a great Canadian. Dominic Agostino, MPP for Hamilton East, died leaving a gaping hole in our political landscape.

Over the years, Dominic served as a school board trustee, a city and regional councillor, and at Queen's Park since 1995. A fearless fighter, Dominic was energetic, passionate about his community of Hamilton, his province and his country. He dedicated his entire adult life to fighting for the underdog.

Along the way, he earned the respect of his political allies and his opponents, described by one as Mike Harris' worst nightmare. His huge family of friends will miss him greatly. I will miss seeing Dominic at political events where he always had a huge crowd of admirers around him enjoying his ideas, his humour and his loyalty.

I know all colleagues will join me in sending our thoughts and prayers to his family. Those of us who knew him will have many fond memories to cherish of a wonderful person we were lucky to have had enrich our lives.

Multiculturalism March 22nd, 2004

Mr. Speaker, this morning, Mr. Doudou Diène, the United Nations special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, reported on his visits over the past two years to Canada, Colombia, Côte d'Ivoire, Guyana, and Trinidad and Tobago.

My question is for Canada's minister of multiculturalism. How is this government addressing the issues on Canada that were raised by the special rapporteur?

Amyotrophic Lateral Sclerosis March 11th, 2004

Mr. Speaker, I wonder if members of the House know what Michelle Wright, Murray McLauchlan, Ian Thomas, La Bottine Souriante, Michel Rivard, Nanette Workman, Marc Jordan and Cindy Church have in common.

What they have in common is that on April 1 they are coming to Ottawa to do an amazing concert for Elizabeth Grandbois. “Elizabeth's Concert of Hope” is part of an effort to raise money for ALS.

I invite all members of the House and everyone watching to come to the NAC, give their support to ALS, and recognize an amazing Canadian. Since 1997, after being diagnosed with ALS, Elizabeth has gone the distance and raised over $1 million for research into ALS and support for people who are suffering from ALS.

In Ottawa the concert is in honour of Tim Noel, the former deputy governor of the Bank of Canada. I encourage everyone to please come out on April 1.

Interparliamentary Delegations March 10th, 2004

Mr. Speaker, pursuant to Standing Order 34(1), I have the honour to table in the House, in both official languages, the report of the Canadian group of the Interparliamentary Union, which represented Canada at the 109th conference and related meetings of the Interparliamentary Union, held in Geneva, Switzerland, from September 28 to October 3, 2003.

The subjects that were discussed were: the role of parliamentarians assisting multilateral organizations in ensuring peace and security, and building an international coalition for peace; global public goods and the contribution of new information and communications technologies to good governance; the improvement of parliamentary democracy; and the management of globalization.

As usual, I can report that our colleagues on all sides of the House were an incredibly effective working team.

Petitions March 10th, 2004

Mr. Speaker, I rise on a point of order.

The earlier points of order seem to have confused some of us as to the agenda. With permission of the House, I would like to revert to presentation of reports as I would like to table a report.

Contraventions Act February 25th, 2004

Mr. Speaker, I would ask that you review the blues and revisit this matter. In fact, when the member for Saint John stood up she said, “I did say are you high?”, she has admitted that she is accusing the member opposite and myself of being intoxicated or being under the influence of illegal substances.

I want to declare right here that I am not and do not use marijuana. I think she should be asked to apologize.