Mr. Speaker, I am pleased to rise on behalf of the government to speak to Bill C-15. As we all know, the bill was reinstated after the House resumed, having been thoroughly reviewed by the justice committee when it was Bill C-33. The fact that we are debating final reading so soon after the deliberations of the committee speaks volumes about both the work of the committee--and I compliment members from all parties on the work they did on this bill--and the importance of the piece of legislation in front of the House.
The bill before the House repeals the current Transfer of Offenders Act, which was passed in 1978 and really has had fairly minor technical amendments since then. It replaces that act with an enhanced and modernized version that reflects international developments since the original piece of legislation was passed.
Legislative initiatives such as those contained in Bill C-15 form an important part of the work of Parliament. This bill is a good example of the effective modernizing of an existing scheme in order that it remain true to its objectives and current world developments.
As I said, Bill C-15 updates the original Transfer of Offenders Act in accordance with its basic principles and guarantees that the legislation in this area continues to meet its public safety and humanitarian objectives. These are achieved through cooperation with other nations. In fact, the concept of transfer of offender legislation and international treaties originated in discussions held at a United Nations meeting attended by many of our global neighbours.
At that time, it was agreed that it was necessary to create a system for the international transfer of offenders so that individuals convicted of a crime in a foreign state could, under specified circumstances, be allowed to serve their sentence in their home country. This has ramifications both for the convicted offender and for family and friends here in Canada, about which I will speak more later.
The Transfer of Offenders Act that created the framework implemented specific treaties which set out the circumstances in which offenders may be returned to their home country to serve their sentences. The legislation operates so that foreign offenders who are convicted in Canada also do not escape justice, as might be the case if they were simply deported from this country.
Since the present version of the act was enacted nearly 30 years ago, Canada has ratified treaties and conventions that allow transfers between us and over 40 countries, including, among others, the United States, Mexico, France and Egypt. In accordance with these arrangements, approximately 85 offenders are transferred to Canada each and every year. Ensuring that the legislation governing the transfer of offenders is modernized is vital if we wish other countries to sign treaties with us so that they can be used when the situation warrants.
Transfer of offenders legislation accomplishes several valuable purposes. The legislation makes contributions to public safety, a priority of the government, and this objective is met by a number of means. First of all, it is commonly recognized that the existence of a support system for offenders serving a sentence, a support system of family and friends, is a factor in the rehabilitation of offenders and their eventual reintegration into society. As for allowing Canadian offenders to serve their sentence in Canada with that kind of a support network, allowing them to maintain contact with family and friends, the research has shown us that the positive effect is less recidivism, less returning to a life of crime.
In addition, the legislation enhances public safety by virtue of the fact that an offender who is returned to Canada is then exposed to our correctional system's rehabilitative and other programs, including the processes for the gradual and controlled reintegration of returned offenders into society under supervision.This might not be the case if they served their sentence in another country and then returned to Canada.
Another aspect, however, is that it serves an essential humanitarian role. I would not for a moment question that those found guilty of crimes in other countries should be subject to punishment according to the laws of the country in which the illegal acts were committed. However, it must be recognized that situations exist where a foreign sentence and the associated foreign standards of justice and conditions of confinement might very well result in the imposition of severe hardship on Canadians when those conditions are compared to our North American standards.
For instance, hardships suffered by Canadians are generally seen to be the result of cultural and language differences. That can lead to Canadians being subjected to severe psychological stress brought about by language isolation, an unfamiliar legal system, and different lifestyle, health care, religion and diet.
Finally, on the compassionate front, it is important that we not ignore the distress and anguish suffered by family members and friends of Canadians held abroad, even though they, as family and friends, are totally innocent of any wrongdoing. For example, it is often the case that travelling to visit an imprisoned loved one and obtaining legal representation on their behalf can involve prohibitive financial costs. There are also cases where family and friends feel obligated to provide considerable sums of money to ensure that the prisoner receives basic nutrition, for instance, and medical services and other necessities of life. The hardship suffered by an offender's family and friends may also be aggravated by their lack of familiarity with the foreign legal system, culture and language.
Although the Canadian diplomatic corps strives to do its utmost to ease the difficulties associated with being under sentence in foreign countries, one must acknowledge that there are real and substantial limits to what they can do, to the role they can play abroad. Generally speaking, the role of the consulate does not go beyond efforts to ensure that the offender's rights under the domestic law of the country where the offender is being held are respected, to assist in retention of legal representation, and to endeavour to facilitate family contact.
It should go without saying that the government continues to encourage all citizens to observe the laws, regardless of what country they happen to find themselves in, and at the same time continues to be responsive to the circumstances of Canadians sentenced abroad and their families back home. Therefore, the international transfer of offenders accomplishes both the objective of reducing both recidivism, or the return to crime, and the objective of reducing the hardship suffered by Canadians in other countries and by those persons who wish to provide support to the person serving the sentence and assist in their ultimate rehabilitation.
This bill contains amendments that meet several vital objectives. I said that things have developed internationally and, in order to ensure that countries will continue to enter into treaties with us, we need to update our legislation substantially. The bill adds several legally essential treaty obligations and principles such as the non-aggravation of the sentence by the receiving state. In other words, a prisoner who returns to Canada should not be subject to a lesser sentence than he or she would have received or in fact was given in the country where they were tried and convicted.
The bill also extends the eligibility criteria to include Canadians who are not currently eligible for transfers, such as young persons on probation, children, and persons with mental disorders. It clarifies the provisions related to the decision making process by such measures as requiring provincial consent for the transfer of offenders within provincial jurisdiction, and I should say here that the provisions in the bill that affect the provinces and territories have been accepted by the provinces and territories of Canada.
The bill also aligns the sentence calculation provisions with other legislation to ensure the equitable treatment of transferred offenders and to ensure that Canada takes appropriate action where the foreign state grants relief in respect of the offender's foreign sentence.
Finally, it adds provisions enabling the negotiation of administrative arrangements on a case by case basis to extend the act's humanitarian objectives to offenders held in harsh conditions in foreign states with which Canada does not have a treaty, or is negotiating but has not yet concluded a treaty, or in foreign entities which are not yet recognized as states. For instance, Canadians incarcerated in jurisdictions such as Hong Kong or Taiwan cannot be repatriated to serve their sentence at this time because the current legislation does not authorize arrangements for the transfer of offenders to be negotiated with countries that are not legally recognized states.
I ask members of the House to support the passage of Bill C-15 so that Canada can have the ability to be responsive to international developments in this area and so that we can move forward in the spirit of international cooperation.
