Mr. Speaker, I am pleased and honoured to speak to second reading and express my support and obviously that of the government for Bill C-33, the international transfer of offenders act. The primary objective of this proposed enactment is to repeal the existing legislation in this area and replace it with a new enhanced and modernized version that is more responsive to international developments.
Before I delve further into the details of the existing legislation and the bill before the House, I would like to elaborate on why I believe members on both sides of the House should take part in this debate. They should not hesitate to take part in this debate. They should familiarize themselves with the spirit and the subject matter of the bill. All Canadians are entitled to receive from their elected representatives the rational, sound and effective governance they deserve and expect, a matter of trust I am certain all members take seriously.
It is much less difficult to concentrate on the hot button issues of the day and contribute short sound bites and quick one liners. However good government involves a great deal more than that. One must be able to deal effectively with critical, pressing concerns that impact on a great number of Canadians, or concerns that have immense global significance, while at the same time ensuring that the numerous federal statutes and regulations are updated and modernized so they continue to meet their objectives. In that spirit, I thank hon. members for the scrutiny that will be given to this important bill.
Bill C-33 before us today is an excellent example of the everyday work of this Parliament. It is of great importance. Although it may not capture the daily headlines, the work of Parliament in this particular initiative is important and deserves the scrutiny of members on both sides of the House. It is one thread among many that form the fabric of laws that make this country a shining example of democracy and good government in which all Canadians can share pride.
In this vein, the right hon. Prime Minister in his response to the Speech from the Throne that opened the second session of the 37th Parliament stated the following:
This has been a government committed not to the big bang or the big show, but to continuous and enduring improvements, minimizing divisiveness and maximizing results, focused on the problems and priorities of Canadians, focused on the future, focused on the world.
Bill C-33 which is before us today improves and expands upon the principles contained in the original Transfer of Offenders Act, a statute that meets important public safety and humanitarian objectives, which are achieved through cooperation with other nations.
The act arose out of discussions at the United Nations involving many of our international partners, at which we agreed on the importance of providing a mechanism for the international transfer of offenders so that, for example, Canadians who are convicted in a foreign state may, under certain circumstances, serve their sentence in their home country of Canada.
The Transfer of Offenders Act accomplishes this by providing for the implementation of specific treaties which also set out the conditions under which a foreign national sentenced in Canada may be returned to his or her home country to serve his or her sentence. This ensures that foreign offenders who are convicted in Canada do not escape justice, which would be the case if they were merely deported from Canada upon conviction and sentencing.
Under the Transfer of Offenders Act, Canada has ratified treaties and conventions which allow transfers between us and over 40 countries, including among many others, the United States, Mexico, France and Egypt. The terms and conditions under which offenders are transferred are carefully negotiated such that serious offences are scrutinized without diluting sentencing. Comprehensive and effective legislation is vital in order to encourage other countries to sign treaties with us so that they can be used when the need arises.
The Transfer of Offenders Act, enacted in 1978, serves to achieve several commendable and worthy objectives. First of all, the act serves an important humanitarian role. There is absolutely no question that individuals who are found guilty of crimes in foreign countries should be liable to be punished according to the laws of that particular country. However, situations have arisen, as members in the House know, where a foreign sentence along with foreign standards of justice and commissions of confinement, may impose severe hardship on Canadians when applying even the most rigorous of standards.
This is not to say that foreign nations are intentionally singling out Canadians for harsh sentences or prison conditions. Much of the related hardships may be seen as a result of differences in language and culture which can result in Canadians being exposed to serious psychological stress caused by language isolation, an unfamiliar legal system, differences in lifestyle, health care, religion and diet.
One must consider the potential suffering and hardship that can be imposed on the family members and friends of Canadians imprisoned abroad, who themselves have not done anything wrong. It would be heartless to ignore their plight. As I am sure all members in the House know, the costs associated with travelling to visit their imprisoned loved one and obtaining legal representation for many Canadians who do have family members sentenced and imprisoned in foreign countries are prohibitive. As well, the families and friends of the offender often feel compelled to forward large amounts of money so that the offender can supplement his or her diet or health care and obtain other necessities.
As is the case with the offender, the situation of family and friends may also be exacerbated by unfamiliarity with the foreign legal system and other cultural and language factors. It is true that Canadian consular officials can help to alleviate some of these problems, but there are very real limits to the extent of the assistance that can be provided. The role of the consulate is generally restricted to seeing that the offender's rights under the local law are respected, providing a list of local lawyers and making efforts to facilitate family contact.
Another important objective of the current Transfer of Offenders Act is that of public safety. It contributes to the protection of the public in several significant ways. First of all, it allows Canadian offenders to serve their sentence in Canada, thus providing them with the opportunity to maintain valuable contact with family members. We all intuitively recognize that a good support system can play an important role in the rehabilitation of offenders and their eventual reintegration into society.
The statement of fact that I just made is supported by research which consistently demonstrates that offenders who have the benefit of a strong, supportive relationship with their families are less likely to become recidivists. Furthermore, safety is enhanced in Canada by the provision of rehabilitative and other programs and the gradual and controlled reintegration of returned offenders into society under supervision, elements that are not available to Canadian offenders in many foreign corrections systems.
This remains the case even when the country of detention is one in which the social milieu and conditions appear not to be highly dissimilar to those of Canada. Therefore, the international transfer of offenders contributes to the reduction of recidivism as well as reducing the hardships suffered by Canadians sentenced in other countries and their families.
Of course the government continues to encourage all citizens to observe Canadian laws and those of any country they may find themselves in, but that does not mean we can ignore the plight of our citizens sentenced abroad and their families.
In the many years since the Transfer of Offenders Act came into force, only minor technical amendments have been made to the act. The amendments which are proposed in Bill C-33 before us today meet several vital objectives. The changes address substantive issues that may have been raised over the intervening years and include adding several legally essential treaty obligations in principle, such as the non-aggravation of the sentence by the receiving state.
If a Canadian has been convicted and sentenced in a foreign state to serve out a sentence in prison and that Canadian, under this act, requests to come back to Canada, and the foreign country in which he or she is incarcerated agrees and Canada agrees, when that person comes back to Canada, the sentence cannot be aggravated. It cannot be increased. If for the same crime Canada has a more stringent sentence, the Canadian sentence would not be applied. It would be the foreign state sentence that would be applied.
One of the other substantive issues which is addressed in Bill C-33 is expanding the eligibility criteria to include Canadians who are not currently eligible for transfers, such as young persons on probation, children and mentally disordered persons. Under the existing Transfer of Offenders Act, these three categories of individuals or groups are not eligible to benefit from the transfer of offenders. Under Bill C-33 we would expand the eligibility criteria and they would be included in those groups admissible to take advantage of the transfer.
The provisions under Bill C-33 also clarify provisions in the Transfer of Offenders Act relating to the decision making process by such measures as requiring provincial consent for the transfer of offenders within provincial jurisdiction.
It would also align the sentence calculation provisions with other legislation to ensure the equitable treatment of transferred offenders and to ensure that Canada takes appropriate action when the foreign state grants relief in respect of the offender's foreign sentence.
Bill C-33 also adds provisions to enable the negotiation of administrative arrangements on a case by case or ad hoc 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 as yet concluded a treaty. It would also allow Canada to negotiate with foreign entities which are not as yet recognized as states to negotiate administrative agreements, not treaties.
For example, there are Canadians who are incarcerated in jurisdictions such Hong Kong, Macao and Taiwan. Those are three places which Canada does not recognize as a state. Therefore those Canadians cannot be repatriated at this time because the current legislation does not authorize arrangements for the transfer of offenders to be negotiated with those jurisdictions.
Under Bill C-33 the Canadian government would be able to negotiate an administrative arrangement with jurisdictions, such as Hong Kong and Taiwan, in order to make arrangements and allow for the transfer of Canadian offenders who are currently in those jurisdictions to come back to Canada, if they so wish, and for individual foreign nationals in Canada who wish to go back to those jurisdictions to return.
I would urge all hon. members to support the passage of Bill C-33. The proposed changes are necessary to ensure that the transfer of offenders regime is responsive to international developments, to allow Canada to meet international expectations and to ensure that it meets its valuable humanitarian and public safety objective.
Let me say once again that this initiative demonstrates the government's commitment to peace, order and good government by expressing Canadians' humanitarian ideals and by improving mechanisms that enhance public protection, which is and will continue to be the paramount consideration for the government.
Early last week I was approached by a member of my caucus, a Liberal MP, but it could have been an MP from any of the other political parties present in the House, who explained to me that one of his constituents had a family member who was presently incarcerated in a foreign state and who wanted to return to Canada.
Under the present Transfer of Offenders Act the family member is not eligible under the stated criteria.The member's constituent has already studied Bill C-33 and was pleased to see that under Bill C-33 his or her family member, I am not sure of the gender of the constituent, would be eligible. That particular constituent is looking forward to the debate in the House, to the legislation being sent to committee, to committee consultation and may in fact request to appear before the committee in order to support Bill C-33. Apparently the individual also has a couple of recommendations or suggestions to make.
However I think that highlights the point that Canadians do support the proposed international transfer of offenders act. I am sure that those Canadians who take a close look at Bill C-33 will be pleased with the proposed amendments that are contained in the bill.
I welcome debate on this from all sides of the House and I look forward to listening to what other members have to say about this.
