Jim Karygiannis

[International Transfer of Offenders Act, May 7th, 2003]

Madam Speaker, I cannot but forget a few years ago a picture of two young ladies in their early teens who had committed a crime in the Caribbean and they had to undergo a prison sentence. This legislation would give the opportunity for us to bring our children who have committed crimes, which are minuscule crimes in other countries, back to Canada so we can assist them and put them on the right track.

[International Transfer of Offenders Act, May 7th, 2003]

Madam Speaker, it is important that we realize the post-9/11 scenario. The world has changed its way of thinking, has changed our attitudes and the way we conduct business, be it in this House or in other areas.

There is the possibility that Canadian citizens might be involved in acts about which we should not even be thinking. However, if Canadian citizens are involved in such acts abroad, it is our responsibility to ensure that there is due diligence done and that they are brought home to face the consequences here.

However, as I said, consideration has been given and this is why we should take this bill to the parliamentary standing committee to discuss such items, as brought forward by my colleague, and other ideas that can arise.

[International Transfer of Offenders Act, May 7th, 2003]

Madam Speaker, I am pleased to rise today to participate in the discussion of the government's initiative to update the Transfer of Offenders Act. It is somewhat surprising that we are continuing to debate on this matter, as the proposals appear to be both necessary and straightforward. Nonetheless, I have reviewed the speeches of the hon. members opposite to see if the concerns they have raised are valid. Those that are well founded could be instructive to the parliamentary Standing Committee on Justice and Human Rights in conducting a closer examination of these measures when we pass them along.

As I have said, Bill C-33 is also important and necessary but routine legislation. Transfers between Canada and other countries are not numerous. Every year about 85 Canadians are transferred to Canada under a treaty or a multilateral convention for transfers of offenders. However, the comfort that transfers provide to offenders and their families and the greater opportunity that is given to offenders to be safely and gradually reintegrated into their communities by being allowed to serve their foreign sentence in their home country cannot be denied. It will impact upon the international correctional and criminal justice communities in positive ways in which we as Canadian legislators can take pride.

The proposals continue the spirit of the original Transfer of Offenders Act in applying the rule of law in a balanced way. The new act will respect foreign laws and practices while holding up an example of fairness and humanity. It will not, I must emphasize, alter the Canadian correctional system. Members of the official opposition seem to see any initiative involving corrections as a threat to their blanket, get tough approach to all offenders. While the measures currently before us have nothing to do with the administration of sentences in Canada, these hardliners insist, against all evidence provided by thorough research, that longer sentences served in more punitive conditions will somehow turn offenders into productive citizens.

In their recent remarks, they appear to be saying that it would be somewhat beneficial to society if Canadians who are convicted of offences abroad are forced to serve out their sentences in foreign jails where conditions may be inhumane. I must ask them how exactly the denial of transfer of offenders to the Canadian system, where they may benefit from programming, guidance and family support, would better serve Canadians than the return of these offenders, uncontrolled and untreated at the end of their foreign sentences.

The proposed bill maintains most of the purposes and principles of the Transfer of Offenders Act as proclaimed in 1978. Upon due consideration, it might be seen that it is more comprehensive than its predecessor in dealing with a variety of circumstances not foreseen when the original statute was drawn up.

It is apparent from the remarks that my hon. colleagues are confusing extradition and deportation with transfers under the Transfer of Offenders Act. That is why I think that at this juncture it is important to explain the differences.

Extradition can be defined as the giving up of a person by a state where he or she is present at the request of another state where the person is accused of having committed or has been convicted of a crime. International law has developed this procedure as a means of extraditing fugitives from justice to the requesting state to be tried or punished for crimes they have committed against its laws.

Extradition to or from Canada is carried out under the Extradition Act. In most circumstances, extradition is not an alternative to transfer under the Transfer of Offenders Act. The person is not necessarily an offender or a foreign citizen of a country where he or she is present, but rather is simply wanted by another jurisdiction for the purpose of criminal proceedings or enforcement of a sentence.

Deportation involves the removal of a non-Canadian citizen from Canada under the Immigration and Refugee Protection Act. A non-Canadian citizen serving a custodial sentence in Canada for a crime committed in Canada may be deported to his or her country of citizenship if the requirements of the act are met.

Additionally, the offender cannot be deported until the sentence is completed or deemed completed by the way of release on full parole or statutory release. This process is an alternative to the proceedings under the Transfer of Offenders Act. However, unlike offenders transferred under the Transfer of Offenders Act, deported offenders are not subject to the Canadian sentence upon return to their country of citizenship. As such, risk management and gradual reintegration of the offender into the home community do not apply to deportation cases. This is why transfers of offenders under the Transfer of Offenders Act are generally considered preferable to deportation.

The Transfer of Offenders Act came into force in 1978. Only technical amendments have been made to the act since that time. There was a need to identify substantive issues and find ways to address them.

As a result, federal officials carried out consultations with 91 private sector and government agencies and then conducted a thorough review of the Transfer of Offenders Act. The review and consultations gave rise to proposals to amend the act that would incorporate traditional international treaty principles, close identified gaps in the act and ensure agreement with other legislative provisions and improve efficiencies.

All treaties that Canada has signed reflect the principles of verified consent. For example, most treaties include a standard provision that requires the sentencing state to give the receiving state an opportunity to verify, prior to the transfer, that the offender's consent is given voluntarily. This is important because, as I said earlier, the prospects of an offender's reintegration into the community would likely be compromised if he or she did not willingly transfer. This is why Bill C-33 would set out the requirement that all reasonable steps be taken to determine whether an offender's consent has been given voluntarily.

Also, treaties signed by Canada reflect certain obligations which are considered essential from a legal perspective. For example, treaties generally include a requirement that countries inform foreign nationals in their respective jurisdictions of the existence and substance of a treaty. This duty is linked to the principles of natural justice and is fundamental to give effect to the treaty. Without knowledge about a treaty, the offender would not be in a position to request a transfer to his or her home country.

Currently, there is no legislation to compel Canada to meet this obligation with respect to foreign citizens sentenced in Canada. To address this gap, Bill C-33 would require that a foreign offender under federal or provincial jurisdiction be informed of the existence and substance of an international transfer treaty between Canada and the offender's country of citizenship.

The rule of dual criminality is satisfied where an act is criminal in one state and has the same general qualification in the other. This is the rule of customary international law and a requirement of most treaties signed by Canada because the enforcement of a foreign sanction for an offence that does not exist in Canada such as adultery could violate essential constitutional principles or contravene protected fundamental human rights. Bill C-33 would set out dual criminality as a condition of transfer.

Continued enforcement, which is recognized in most transfers of offenders treaties, is a method used to make foreign sentences compatible with domestic ones. It is an administrative procedure which allows continuing the enforcement of a foreign sentence in the receiving state according to its domestic laws. This means that although the receiving state is bound by the legal nature and duration of the foreign sentence, the receiving state's conditional release rules apply to the offender. For example, an offender serving a determinate foreign offence in Canada could be eligible for parole after having served one-third of the sentence. Bill C-33 would explicitly incorporate this important procedure in the new international transfer of offenders act.

Currently, there is no legislation requiring that a foreign offender in Canada be informed of the decision not to grant his or her request to transfer to his or her home country. It is vital that the offender be advised of the reasons of a negative decision and given the opportunity to present observations to have the decision reversed. By setting out this requirement, Bill C-33 would ensure consistency with the Corrections and Conditional Release Act, the common law “duty to act fairly” and the Charter of Rights and Freedoms.

No provision is made in the current Transfer of Offenders Act or any other Canadian statute for the international transfer of persons adjudged not criminally responsible on account of mental disorder or unfit to stand trial. Bill C-33 would address this issue by authorizing the negotiation of administrative arrangements with the authorities of a foreign state for the transfer of mentally disordered persons to and from Canada. This change would also further the humanitarian purpose of the transfer of offenders scheme, and provide an example of enlightened practice to other countries. Further, Bill C-33 would ensure that due deference is shown to our provincial partners by making it clear that their consent would be required in all cases under their jurisdiction over mentally disordered persons.

The harshness of imprisonment is greater for citizens incarcerated overseas. At times, correctional systems abroad are ill-adapted to advance the goals of reintegrating foreign offenders into society. In many instances, foreign states cannot accommodate basic needs such as the practice of religion or family contacts.

The government is making every effort to obtain humane treatment for its citizens incarcerated abroad. Such efforts are consistent with the policy of protecting and promoting human rights in Canada and the international community. By providing for the negotiation and implementation of administrative arrangements in addition to regular treaties, Bill C-33 would further contribute to the promotion of human rights. Moreover, there is no doubt that by broadening the category of states and non-state entities with which Canada could transfer offenders, Bill C-33 would better serve the objectives of public protection through rehabilitation and cooperation between states in the enforcement of sentences.

There are many facets to these measures that I have characterized as straightforward. There are other aspects of Bill C-33 to explore but I believe that we have been quite thorough in our consideration of the proposals, and should now leave these matters to the parliamentary standing committee.

[Health, April 29th, 2003]

Mr. Speaker, SARS has had a great impact on the city of Toronto and in particular the Scarborough area where the first cases of SARS were diagnosed.

Health care workers have been hit in great numbers by this disease due to their close contact with the victims. Many of these health care workers have placed their lives at risk in combating this serious problem.

As a small show of appreciation, the Scarborough Mirror newspaper, in conjunction with Toronto residents, has launched a blue ribbon campaign to show support for our health care workers.

I call upon all Torontonians and indeed on all Canadians to show their support for our health care workers by proudly wearing a blue ribbon during this crisis situation.

[Severe Acute Respiratory Syndrome, April 28th, 2003]

Mr. Speaker, I will be sharing my time with my colleague from Scarborough--Rouge River.

I also want to join in on this urgent debate on SARS. My prayers and thoughts are with the families who have lost loved ones and who have seriously been affected by the killer virus SARS. My thanks and appreciation go to the front line staff of our hospitals, clinics, emergency units, the police, fire and ambulance departments and their families who are stressed to the limit in coping with this killer disease.

People talk of ground zero in New York after 9/11. I want to talk about ground zero in Toronto and the effect SARS has had on my community.

The first case to be diagnosed in Canada was at Scarborough Grace Hospital which is located in my riding of Scarborough--Agincourt. The first school to be placed under quarantine was David Lewis Public School also located in Scarborough--Agincourt. Two schools followed later on, Stephen Leacock high school and John Buchan Senior Public School, also in my riding of Scarborough--Agincourt. Later, people attending a funeral at Highland Heights Funeral Home, again located in Scarborough--Agincourt, were quarantined.

Some people are saying that Toronto is ground zero. In New York City the whole city was affected and there was a ground zero. Similarly there is a ground zero in Toronto and that is Scarborough--Agincourt. My whole community is affected. Businesses in my constituency are feeling the effects first hand.

In the early stages people thought this would go away very quickly. Knowing the effect this virus was going to have on my community, I contacted the Minister of Human Resources Development and at my request she put a plan into effect that the two week waiting period for employment insurance benefits for the people who were quarantined would be waived. I thank the minister from the bottom of my heart. I also want to thank the Minister of Health who upon my request assisted the riding of Scarborough--Agincourt early on.

The waiving of the two week period by HRDC addressed the issue of working people and put money in their pockets and food on their tables. There is still a larger question. Small and medium size businesses are going to get hurt. Usually on Saturday nights in many malls in my riding there are arguments over parking spaces. However this has not been the case in the last few weeks. The malls have become ghost towns. People are afraid to go out and shop.

A fear overcame my constituents that they would be overcome with this disease and would die. SARS is a killer disease. There are other viruses that have the same overwhelming effect as SARS, but SARS is an unknown virus to date. SARS is able to become airborne and can be transmitted through various means very quickly. It has deadly effects. A patient who had been in the same room as the first person infected died. We have heard of many other examples.

Were it not for the World Health Organization putting Toronto on a watch list, we would not have acted. I brought this matter to the attention of my colleagues almost three weeks ago when I asked that we act immediately. Unfortunately I was dismissed. I tried getting the unanimous consent of the House for a motion asking our government to act quickly on this virus and again I was dismissed by many parties. It took the WHO to put us on the map in order for us to act. I did ask for special measures and for special means to be put in place in order for the House to respond to SARS and again I was dismissed. Now that this is biting us, we are here to deal with the matter.

Businesses are hurting. The hospitality industry is almost dead in Toronto. Hotel occupancy is down by 80% to 90%. Related businesses are also hurting. Just yesterday I was talking to a travel agent who expressed to me that he was ready to declare bankruptcy.

As a collective body we have to move to in order to address this issue quickly and effectively. Finger pointing must be put aside. Political bickering and differences must be overcome in order for us to deal with this issue. We are losing many businesses and we will be putting people out of work.

Last week in my riding, which is ground zero, I took the initiative and put together a task force in order to deal with this monster. In order to get a grasp on this issue, I brought together business leaders, chambers of commerce, banking institutions, mall managements, the hospitality industry, labour unions and representatives of all three levels of government.

I want to share a few comments that were made. Toronto Catholic school board trustee Michael Del Grande stated, “Virtually every home should have a 'welcome to my home' banner. We also need welcome back discounts throughout Toronto to generate people coming back. We should also have a celebration party or a parade to identify the heroes in all this”. Horace Chan, district vice-president of Canada Trust, stated, “We haven't seen a problem yet but that might still come. Right now we are working on a short term strategy to help customers financially. Our biggest concern is the small business owners”. Ian Raynor, first vice-president of the Scarborough Chamber of Commerce, stated, “We have to deal with this on a business level but we can't do this on our own. We have to do our best to get through this and get back to work”.

Overwhelmingly, this is not an issue for just one community. This is an issue for all communities. We started a process of rebuilding in my riding of Scarborough--Agincourt, ground zero. We are putting together a blueprint for other communities to follow and soon we will be reporting our thoughts and ideas for others to share. Are we hurting? You bet. Are we beaten? Are we licked? No way. We have the will and energy to move forward. And yes, we will persevere.

However, we cannot do it alone. We all need to be in this together. A few matters that we can certainly look at in the House are the means and methods by which we can assist the businesses of the country. Possibly we can defer the collection of taxes for a few months and ask businesses affected by SARS to pay their taxes over a 10 month to 12 month period. We can ask the Business Development Bank to defer the collection of interest on loans for a few months and have the affected businesses repay over eight to twelve months. We can encourage other levels of government, both municipal and provincial, and lending institutions, mall owners and landlords to follow our example. Together, we can overcome this killer disease of SARS. We can lead by example or we can bury our heads in the sand and point fingers as some political parties in the House want to do. At this point there is no right and there is no wrong. There is SARS and its effects and we must deal with it.

Having the Leader of the Opposition walk through terminal 2 in the Toronto airport and criticize the government does not help. He might want to come and visit ground zero and offer support to Canadians. That will help. Having the Leader of the New Democratic Party take cheap shots at the government certainly does not add to people's will to go on with their daily routines and their businesses.

Yes, we have failed as a whole to grasp the severity of what SARS did to us. We failed to understand this when I brought it to the attention of the House and was the lone voice asking for immediate action to deal with the severity of this disease. That is all history now. We must, as a collective, put a plan in action to deal with future diseases and other emergencies that might knock on our door. This nation demands of us to look after all our people, not to turn our backs on them. The House cannot turn its back on my constituents. We must move forward and provide the assistance that is required, and quickly, and we must overwhelmingly stop the finger pointing and the name calling.

[Situation in Iraq, April 8th, 2003]

Madam Speaker, I rise on a point of order. SARS has had a dramatic and sometimes fatal effect in many areas since mid-March. Many businesses have been negatively affected by this disease. Therefore, I would like to seek unanimous consent of the House to pass a motion, that the government investigate measures to compensate medium and small sized businesses that have seriously been affected by the recent outbreak of SARS.

[Food and Drugs Act, April 2nd, 2003]

Madam Speaker, we are here today to discuss a very important bill, Bill C-398, an act to amend the Food and Drugs Act.

However, in realizing that health is important in my riding of Scarborough—Agincourt we have had a devastating occurrence. We talk about the war in Iraq, but I want to talk about what is happening in my part of the world.

Scarborough Grace Hospital is ground zero for the war against SARS. I call it the war against SARS because we are in an area where on a day to day basis we constantly have to be vigilant and we have to make sure that the public is healthy. One of my staff members was voluntarily quarantined because that individual had visited Scarborough Grace Hospital.

One thing I am pleased to talk about is that the Government of Canada, after a phone call to the Minister of Human Resources Development, automatically moved to recognize that this is an important issue. If working Canadians who provide for their families on a day to day basis need to have support, EI will kick in immediately. I want to elaborate on this for the benefit of all of my colleagues here as well as the Canadian public.

Under employment insurance there is a two week waiting period before people can qualify to collect benefits. The minister has moved very rapidly to forgo the waiting period and immediately kick in support for people who are voluntarily or mandatorily quarantined. If an employer recognizes for one day that an employee is sick and that employee receives benefits for the one day from that employer, employment insurance will automatically kick in immediately after that.

This is very important as we talk about health and see what is happening around the globe. Gone are the days when it would take two or three months for people to travel from England to Canada. Gone are the days when it would take four months for people to travel from Hong Kong to Vancouver. Today a flight takes 16 hours. People can contract SARS before getting on the flight and by the time they arrive in Canada it has been incubated and is ready to spread.

We have to do whatever we can to battle this disease that has hit our population. This disease is not confined to Canada. It is a global situation. A lot of people have said that we should not allow people from a particular country into Canada. I for one, being in ground zero and working with people, do not sympathize with those views. I do not even agree with those views. This disease does not affect just one person or one country. It affects the whole world.

[Republic of Somaliland, February 18th, 2003]

Mr. Speaker, I rise to welcome to Canada a delegation from the Republic of Somaliland led by Mrs. Edna Adan Ismail, the Minister of Family Welfare and Social Development.

Many Canadians are unaware of the existence of Somaliland, which became independent from British rule in 1960. It joined the former Italian Somalia to form the Somali Republic. The union did not last and led to a civil war from the 1980s onwards and eventually to the collapse of the Somali Republic.

After the collapse of the Somali Republic, the people of Somaliland decided to reinstate Somaliland's sovereignty. Somaliland today is a peaceful country that abides by the rules of law, which I had an opportunity to witness first-hand while there last August. It must not be confused with the strife torn violence that is continuing as we speak, in Somalia.

I would like to urge the Government of Canada to offer what assistance it can to support emerging democracies such as Somaliland and help ensure its rightful place among other stable countries of the world.

[Canada Elections Act, February 18th, 2003]

A friend of mine, and a good colleague, mentioned species at risk. I am sure that is not new political parties, maybe existing ones.

We have to tone down the political and partisan rhetoric, see what is good and bad in the bill, and come up with suggestions for alterations.

The bill is asking for accountability and transparency. That is fine. It is something on which all of us in the House agree. However the treasurers and presidents of our political associations are volunteers. They are not lawyers or chartered accountants yet the bill is asking them to become lawyers and chartered accountants and to have audits. Audits, yes, but can we not be a little more friendly? Let us be a little more friendly to the presidents and the treasurers who have been volunteering for the Alliance, the Conservatives, the NDP and the Liberals for the past 20 years.

[Canada Elections Act, February 18th, 2003]

Madam Speaker, today and the next couple of days we will be discussing a very important piece of legislation. This legislation is asking us, for the first time in 30 years, to reform how we go about collecting and disbursing funds for our elections.

Democracy is 2,502 years old. It was created in my birthplace. People gathered together and said, “This is the way we want things done”. At that time the leaders of the people of Athens took a straw vote and continued in their infinite wisdom to rule the country and to prosper.

Here we are 2,502 years later continuing the process of democracy and building on what those people felt democracy was all about. Members are elected and come to the House of Commons; it is 50% plus one. We are here to represent the wishes of our constituents. We are here to listen to the grassroots and to apply what the grassroots tell us.

The bill in front of us is probably one that will outline the legacy of the Prime Minister. The Prime Minister in his wisdom wants to make sure that when he leaves the House we will have the means to have fair elections.

However, I have a problem in that I have been elected four times and every time I have been elected, it has been under the same set of rules. When the rules suddenly change, people ask why the changes are needed and if there is something wrong with what we have had in the past. Maybe there is and maybe there is not.

Perhaps changes are needed. However, a lot of people are saying that because the way we do things and the way we define democracy are so embedded and entrenched, we have to take a step back and consult with the grassroots, whether they be people in our political parties, people who actually make political contributions, or average Canadians.

I am sure my colleagues across the way would give me a standing ovation for this, but under this legislation if a party such as the Reform Party back in 1988 wanted to make itself known on the political scene, it would not have had the ability to do it. At the time it wanted to established itself, there were five or ten people who contributed $10,000 and that was how the party started. At that time no one knew that the Reform Party and subsequently the Canadian Alliance would gain credibility and that one day, lo and behold, that party would be the opposition. One never knows, that party may go into oblivion the next time. The legislation would not have allowed the party to be formed. There was absolutely no means of financing the political aspirations of those people.

We have to look at how we enhance and protect the new parties that want people to come to the House of Commons and represent their constituents. That is one of the difficulties I have with the bill.

There is another difficulty I have with the legislation. Indeed we are here for a very short time and we need to make these changes, but the Canadian public, the grassroots Liberals, Alliance, Conservatives and NDPers need time to talk to their colleagues, their members of Parliament to make sure this is the way they want to go.

It is incumbent upon us to take a step back, take this process to the Canadian public and to the political grassroots of our parties and our ridings. The people who knock on the doors for us and who put up the signs for us must be asked what they think. I am sure that all my colleagues in the House would agree that extensive consultations are needed. We must take two steps back, slow the process down and ask for public consultation.

At the end of the day it may be that the bill in front of us is the best thing since apple pie and ice cream. However, we have to consult with the grassroots Liberals, and the grassroots Alliance if there are any left after the next election. One never knows, there is always room for more parties.