Public Safety committee  The legislation has an objective and a purpose. You can't simply create through a basket clause, the one we have, a clause that would put the minister outside of the legislation so that he could make decisions that are not at all in line with the object, the purpose of the act it

Public Safety committee  If you eliminate (l) in the drafting the way it is, technically you can stay with “shall” and the courts will still interpret the legislation as being non-exhaustive. Still, they'll say, it is non-exhaustive and the minister can take any factor he considers relevant insofar as it

Public Safety committee  The courts have said the factors are not exhaustive. The courts have also said that if the minister is to consider a factor that's not enumerated in legislation, that factor still has to be in relation to or relevant for the purpose of the ITOA.

Public Safety committee  Even with this clause, it would be exactly the same thing, because--

Public Safety committee  --the legislation has a purpose and an objective.

Public Safety committee  Yes.

Public Safety committee  Mr. Chairman, as Mary pointed out, the question of drafting and adding “may” instead of “shall” in the drafting of that clause was influenced greatly because of the last paragraph that is included in proposed section 10, which basically provides the minister the ability to consid

Public Safety committee  I'll limit my comments to the court cases and the direction of the court in these matters. The courts have emphasized greatly that they have to give great deference to ministerial decisions and discretionary decisions. That's administrative law in Canada; that's the way it is.

Public Safety committee  I may add something. There are several factors that influence the way things are in the statistics. Foreign offenders in Canada are susceptible to removal orders. Many of them will get removal orders, and as soon as they get out on parole.... A long time ago we had parole for dep

Public Safety committee  I believe that it is correct.

Public Safety committee  If I may, the fact that the information is available doesn't make it a criminal record in Canada. All it does is provide information of a foreign record of some sort. When an offender transfers to Canada, while it doesn't create a conviction in Canada, it is recorded in our file

Public Safety committee  Yes.

Public Safety committee  Yes, but even if he does not list or use one of those factors in making a negative decision on a transfer, for example, what the minister is obligated to do--and this is what the courts have said--is that there has to be a decision that is provided with rational reasons. You have

Public Safety committee  --this is within the context of the existing legislation right now.

Public Safety committee  The courts have already said that. In Kozarov, the court has already said that the factors listed in the act do not lend themselves to a positive or negative decision by the minister and that the minister can take into account any other factors that are relevant in the context, a