Madam Speaker, I am pleased to take part in the debate on Bill C-40, an act respecting extradition to amend the Criminal Evidence Act, the Criminal Code, the Immigration Act and the Mutual Legal Assistance in Criminal Matters Act. It will also amend other consequential pieces of legislation and the amendments may have some ripple effect throughout the country in our justice system.
It is truly an honour and somewhat shocking to be speaking on two substantial justice bills on two consecutive days. This is probably the first time since I have been elected to parliament that we have been debating two justice bills in such close proximity.
I am very hopeful and optimistic that this perhaps signals a change in priorities from this government. I am hoping this is a sign of good things to come. Hope burns eternal in that regard. I also hope that the justice minister is not going to find herself on a flight home this weekend with a Liberal seatmate and chat about justice matters in such an open way as her colleague, the solicitor general.
In more simple and less partisan terms this legislation essentially merges our 100 year old Extradition Act and our Fugitive Act into a new and modern Extradition Act. This is following the lead of other countries and the sensible calls from many in our country.
I share the belief of the parliamentary secretary that the objectives of this bill are positive and even noble. Several events justify the revision and update of our Extradition Act.
Not only is it 100 years old but it does not deal with modern criminality. Modern criminality involves such things as telemarketing fraud and the use of Internet to commit an offence in another jurisdiction.
Sadly we have seen a great rise in this type of criminal activity in Canada of late. These technological realities draw attention to just how outdated this legislation has become.
The present act is not flexible enough to accommodate changes arising from within the globalization of criminal activity such as drug trade, organized and transborder crimes.
Organized crime has reached crisis levels in this country. This under a Liberal government comes according to a very reliable source, mainly the police and security officers who are daily forced to deal with this type of activity.
My hope is that this type of legislation will certainly be a step in the right direction and will certainly help stem this rising tide of criminal activity.
The Extradition Act was last amended in 1991 by the former Progressive Conservative government. Bill C-31 considerably reduced delays in extradition cases and at that time groups within the law enforcement community and security intelligence agencies were already requesting a large overhaul of the entire system.
The former Conservative government also passed the Mutual Legal Assistance in Criminal Matters Act which also becomes the subject of this debate today. The Conservative government's legislation, however, enabled Canada to co-operate more effectively with other countries in the investigation and prosecution of transnational and international crimes such as acts of terrorism, drug smuggling and money laundering.
Sadly, as I mention this the U.S. State Department's most recent “International Narcotics Control Strategy Report” listed Canada as one of the most attractive locations for laundering illegal cash.
The Liberal government has let our country fall into this category and it is mentioned in the same breath as Brazil and the Cayman Islands. This is not a glowing reference that comes from our international best trading partner, the United States.
Bill C-40 does propose changes to merge the Extradition Act and the Fugitive Offenders Act and this new act would allow Canada to meet its international obligations since it would allow extradition to international criminal courts and tribunals, including war crimes tribunals. A person would therefore be extradited if the act committed is considered a crime in Canada and in that state.
Requirements for some form of evidence would then become more flexible and this would bring Canada's extradition procedures and practices closer or more in line with those of other countries. It raises the level of co-operation and of course we always have expected a high level of co-operation from our trading partner the United States.
The government hopes it would prevent fugitives from considering Canada as a safe haven and avoiding having to come to grips or to face justice within their own country or within Canada depending on where the crime had been committed. This new act also retains the Progressive Conservative amendment to Bill C-31 to maintain an effective extradition process.
Canadians have continually expressed concerns about our extradition laws and they want to prevent their country from becoming this so-called safe haven for fugitives.
Over the past number of years several high profile cases such as Ng, Kindler, Maersk Dubai , which occurred on the high seas and resulted in arrests in the Port of Halifax, and the Narita airport bombing have caused a raised consciousness of some of the shortcomings of the current legislation.
As well, there have been numerous concerns expressed by our extradition partners at the international level and this again demonstrates the need for reform and modernization of this law.
Indeed I was pleased to add my name to the many Canadians who objected this summer to the scheduled deportation of those involved in the Maersk Dubai as witnesses and crew members. New Brunswick Conservative Senator Erminie Cohen played a key role in soliciting support for those brave men who had the courage to come forward and report to authorities the atrocities that occurred on the high seas. I publicly commend her for her efforts in that regard.
One of the other major concerns with this current legislation is that Canada requires countries requesting extradition of a fugitive to submit their request according to a fairly narrow approach to what is acceptable evidence. This creates real difficulty especially for countries working within a civil law system. They are forced to rely on facts and accept a wider variety in terms of the type of evidence that will be admissible.
Other concerns include that difficulty for Canada to meet its international obligations to the international criminal courts or tribunals as Canada cannot extradite a fugitive to such a body under the present regime.
When extradition legislation was adopted in Canada over 100 years ago many forms of telecommunication we now know did not exist, nor did airplanes. The current legislation is silent on some of these newer types of crimes such as telemarketing fraud, theft of information by computer, use of the Internet to commit an offence in another jurisdiction. It is inflexible in that regard.
The increasing mobility of individuals is a reality that did not exist. This again makes it difficult for effective extradition relations with our international partners and again highlights the critical need for changes in this act.
Following a comprehensive review and consultation with many of our partners, the Extradition Act and the Fugitive Offenders Act required many major changes to reflect these modern procedures and practices. This bill tabled by the Liberal government would provide a single act that exemplifies the extradition process in Canada for our partners who wish to extradite a fugitive from Canada to their country or reciprocally for Canada to bring fugitives back to this country to face justice here.
At the same time this will would also provide enhanced protection and safeguards for persons who are the subject of an extradition request.
It is a well known maxim that we do not take our charter rights outside of Canada. But this does set up certain guidelines that will ensure that Canadian rights are protected both within and outside our country.
This proposed legislation would bring the extradition process into the 20th century and certainly make it more accessible to foreign states, bringing our extradition procedures and practices closer to those of other countries and, more important, prevent Canada from becoming a safe have for fugitives who want to avoid facing the full brunt of the law in countries where they commit crimes.
One aspect of the legislation that is neglectful and where there is a common theme is that of financing. The government passes law apparently without any appreciation of the cost. Most recently we have seen pronouncements from the solicitor general with respect to organized crime. His tough talk on organized crime is resonated throughout the policing community. Yet at the same time we learn from the auditor general that $74 million has been cut from the RCMP organized crime budget for this fiscal year, a very apparent and shocking contradiction.
The Liberal government passed Bill C-68 and will no longer deny that the implementation cost is now in the range of $350 million when the former justice minister told us at the time that the cost would be $85 million. Some estimates place the eventual cost at somewhere in the range of $.5 billion to $1 billion.
So we are now discussing two bills sponsored by the Minister of Justice. Yet there remains a shortfall of over $200 million in the national policing services. Since 1993 CSIS has lost more than 20% of its employees and its operating budget again is in decline. No matter how well intentioned this legislation, how does the government expect its law enforcement agencies to enforce this type of law without adequate resources for front line policing?
But the police soldier on. I have had the pleasure of working with many police in our country, officers like Kevin Scott—