JURI Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 101
Monday, November 23, 1998
The Standing Committee on Justice and Human Rights met at 3:36 p.m. this day, in Room 371, West Block, the Chair, Shaughnessy Cohen, presiding.
Member(s) of the Committee present: Reg Alcock, Eleni Bakopanos, Shaughnessy Cohen, Paul DeVillers, Derek Lee, Peter MacKay, John Maloney, John McKay, John Reynolds and Jacques Saada.
Acting Members present: Daniel Turp for Michel Bellehumeur, Réal Ménard for Richard Marceau.
Other Member present: Denis Coderre.
In attendance: From the Library of Parliament: David Goetz, Researcher; Philip Rosen, Senior Analyst. From Committees and Legislative Services: Suzanne Verville, Legislative Clerk.
Witness(es):From the Department of Justice: Yvan Roy, Senior General Counsel, Criminal Law Policy Section; Jacques Lemire, Counsel, International Assistance Program; Yaron Butovsky, Counsel, Citizenship and Immigration. From the Department of Foreign Affairs and International Trade: Alan Kessel, Director, United Nations, Criminal and Treaty Law Division; David Allin, Deputy Director and Head of Treaty Section, United Nations, Criminal and Treaty Law Division; Keith M. Morrill, Deputy Director, Criminal and Treaty Law Division.
Pursuant to its Order of Reference of Tuesday, October 20, 1998, the Committee resumed consideration of Bill C-40, An Act respecting extradition, to amend the Canada Evidence Act, the Criminal Code, the Immigration Act and the Mutual Legal Assistance in Criminal Matters Act and to amend and repeal other Acts in consequence (See Minutes of Proceedings, Tuesday, November 3, 1998, Meeting No. 95).
Pursuant to Standing Order 75(1), consideration of Clause 1 is postponed.
The Committee resumed consideration of the motion of John Reynolds:
That Bill C-40 be amended by adding after line 20 on page 5 the following new clause:
"10.1 Despite any other provision in this or any other Act of Parliament, the Minister of Foreign Affairs shall disclose to a person who is the subject of a request for extradition and the court from whom an order of commital in respect of the person is sought under section 29, the entire contents of the specific agreement referred to in subsection 10(3) and such background documentation as is necessary to provide both the person and the court with information respecting the context in which the agreement was made. The disclosure of the contents of the agreement and the background documentation shall be made for the purpose of allowing both the person and the court an opportunity to assess the legitimacy of the request and to ensure that the request complies with the terms of the agreement."
By unanimous consent, the motion was withdrawn.
By unanimous consent, Clause 10 was again considered.
On Clause 10,
John Reynolds moved, -- That Bill C-40 in Clause 10, be amended by replacing lines 12 to 20 on page 5 with the following:
"to which is attached a copy of a specific agreement entered into by Canada and a State or entity is conclusive evidence of the agreement and its contents without proof of the signature or officials character of the person appearing to have signed the certificate or agreement."
After debate, the question being put on the amendment, it was adopted.
Clause 10, as amended, carried.
Clause 11 carried.
On Clause 12,
John Reynolds moved, -- That Bill C-40, in Clause 12, be amended by replacing lines 27 to 29 on page 5 with the following:
Minister's approval of request for provisional arrest
"12. After receiving a request by an extradition partner for the provisional arrest of a person, the Minister shall authorize the"
After debate, the question being put on the amendment, it was negatived.
Clause 12 carried.
On Clause 13,
John Reynolds moved, -- That Bill C-40, in Clause 13, be amended by replacing lines 1 and 2 on page 6 with the following:
"(a) it is necessary in the public interest including to arrest the person to prevent the person from escaping or committing an offence;"
After debate, the question being put on the amendment, it was adopted.
Clause 13, as amended, carried.
Clause 14 carried.
On Clause 15,
John Reynolds moved, -- That Bill C-40, in Clause 15, be amended by replacing line 21 on page 7 with the following:
Minister's power to issue
"15. (1) The Minister shall, after receiving a"
The question being put on the amendment, it was negatived.
John Reynolds moved, -- That Bill C-40, in Clause 15, be amended by replacing line 29 on page 7 with the following:
"committal of the person under section 29 and an order of extradition."
After debate, the question being put on the amendment, it was negatived.
Clause 15 carried.
On Clause 16,
John Reynolds moved, -- That Bill C-40, in Clause 16, be amended by replacing line 6 on page 8 with the following:
Warrant of arrest or summons
"16. (1) The Attorney General shall, after the"
The question being put on the amendment, it was negatived.
Clause 16 carried.
On Clause 17,
John Reynolds moved, -- That Bill C-40, in Clause 17, be amended by replacing lines 1 to 3 on page 9 with the following:
Appearance
"17. (1) A person who is arrested under section 13 or 16 is to be brought before a judge or a justice within twenty-four hours after the person is arrested, but if no judge or no justice is available during this time, the person shall be brought before a judge or a justice as soon as possible."
After debate, the question being put on the amendment, it was adopted.
Clause 17, as amended, carried.
Clauses 18 and 19 carried.
On Clause 20,
John Reynolds moved, -- That Bill C-40, in Clause 20, be amended by replacing line 25 on page 9 with the following:
"20. Subsection 515(10) of the Criminal Code"
After debate, the question being put on the amendment, it was negatived.
Clause 20 carried.
Clauses 21 and 22 carried.
On Clause 23,
John Reynolds moved, -- That Bill C-40, in Clause 23, be amended by adding after line 40 on page 10 the following:
"(1.1) Where the Minister substitutes another authority to proceed under subsection (1) and the person applies for another date to be set for the beginning of the extradition hearing in order to give the person an opportunity to examine the new authority, the judge may set another date for the hearing."
After debate, the question being put on the amendment, it was adopted.
John Reynolds moved, -- That Bill C-40, in Clause 23, be amended by replacing line 5 on page 11 with the following:
"during the hearing if the judge considers that the interests of justice so require."
After debate, the question being put on the amendment, it was negatived.
Clause 23, as amended, carried.
Clauses 24 to 31 carried.
Clauses 32 and 33 carried on division.
On Clause 34,
John Reynolds moved, -- That Bill C-40, in Clause 34, be amended by replacing lines 26 and 27 on page 14 with the following:
Oath or solemn affirmation
"34. A document is not admissible unless it is solemnly affirmed or under oath."
After debate, the question being put on the amendment, it was negatived.
Clause 34 carried.
Clause 35 carried.
On Clause 36,
John Reynolds moved, -- That Bill C-40, in Clause 36, be amended by replacing lines 34 to 36 on page 14 with the following:
Translated documents
"36. A translation of a document into one of Canada's official languages shall only be admitted if the translation is accompanied by a document setting out the translators qualifications as a translator and a sworn statement by the translator certifying that the translation is an accurate translation of the original document."
After debate, the question being put on the amendment, it was negatived.
Clause 36 carried on division.
Clause 37 carried on division.
On Clause 38,
John Reynolds moved, -- That Bill C-40, in Clause 38, be amended by replacing lines 5 to 19 on page 15 with the following:
Report of the judge
"38. (1) A judge who makes an order of extradition for the person shall transmit to the Minister a copy of the order. "
After debate, the question being put on the amendment, it was negatived.
Clause 38 carried.
On Clause 39,
John Reynolds moved, -- That Bill C-40, in Clause 39, be amended by replacing line 22 on page 15 with the following:
"committal or an order of extradition may order that any thing that was"
The question being put on the amendment, it was negatived.
Clause 39 carried on division.
On Clause 40,
John Reynolds moved, -- That Bill C-40, in Clause 40, be amended by replacing lines 35 to 39 on page 15 and lines 1 to 35 on page 16 with the following:
Surrender
"40. The Minister shall, within a period of five days after the date on which the order of extradition was made, personally order that the person be surrendered to the extradition partner."
The question being put on the amendment, it was negatived.
Daniel Turp moved, -- That Bill C-40, in Clause 40, be amended by replacing line 16 on page 16 with the following:
"of surrender and that the person not be subject to the death penalty."
After debate, the question put on the amendment, it was negatived on the following recorded division:
YEAS:
Paul DeVillers
Réal Ménard
Daniel Turp (3)
NAYS:
Reg Alcock
Eleni Bakopanos
Derek Lee
Peter MacKay
John Maloney
John McKay
John Reynolds
Jacques Saada (8)
Clause 40 carried on division.
Clauses 41 and 42 carried on division.
On Clause 43,
John Reynolds moved, -- That Bill C-40, in Clause 43, be amended by replacing lines 7 to 16 on page 17 with the following:
Submissions
"43. The person may make submissions to the judge in respect of any ground that would be relevant to the judge in respect of the surrender of the person."
The question being put on the amendment, it was negatived.
Clause 43 carried on division.
On Clause 44,
John Reynolds moved, -- That Bill C-40, in Clause 44, be amended by replacing lines 17 to 34 on page 17 with the following:
When order not to be made
"44. (1) The judge shall refuse to make an order of extradition if the judge is satisfied that
(a) the surrender would be unjust or oppressive having regard to all the relevant circumstances; or
(b) the request for extradition is made for the purpose of prosecuting or punishing the person by reason of their race, religion, nationality, ethnic origin, political opinions, sex or status or that the person's position may be prejudiced for any of those reasons.
When judge may refuse to make order
(2) The judge may refuse to make a surrender order if the judge is satisfied that the conduct in respect of which the request for extradition is made is punishable by death under the laws that apply to the extradition partner."
After debate, the question being put on the amendment, it was negatived.
Réal Ménard moved, -- That Bill C-40, in Clause 44, be amended by replacing line 24 on page 17 with the following:
"person by reason of the person's race, colour, language, social condition, wealth, sexual orientation, pregnancy, family status, religion,"
After debate, Eleni Bakopanos moved the following sub-amendment to the amendment, -- That Bill C-40, in Clause 44, be amended by replacing lines 25 and 26 on page 17 with the following:
"nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability or status or that person's"
After debate, the question being put on the sub-amendment, it was adopted.
John Reynolds moved, -- That Bill C-40, in Clause 44, be amended by deleting lines 29 to 34 on page 17.
After debate, the question being put on the amendment, it was negatived.
Clause 44, as amended, carried.
On Clause 45,
John Reynolds moved, -- That Bill C-40, in Clause 45, be amended by replacing lines 39 and 40 on page 17 with the following:
"refusal in such an agreement, prevail over sections 46 and 47 only to the extent of any inconsistency between either of those sections and those reasons or absence of reasons, as the case may be."
The question being put on the amendment, it was negatived.
Clause 45 carried on division.
On Clause 46,
John Reynolds moved, -- That Bill C-40, in Clause 46, be amended by replacing lines 7 and 8 on page 18 with the following:
When order not to be made
"46. (1) The judge shall refuse to make a surrender order if the judge is satisfied that"
After debate, the question being put on the amendment, it was negatived on division.
John Reynolds moved, -- That Bill C-40, in Clause 46, be amended by replacing lines 25 to 42 on page 18 with the following:
"a political character."
The question being put on the amendment, it was negatived.
Clause 46 carried on division.
On Clause 47,
John Reynolds moved, -- That Bill C-40, in Clause 47, be amended by replacing lines 1 and 2 on page 19 with the following:
When judge may refuse to make order
"47. The judge may refuse to make a surrender order if the judge is satisfied that"
After debate, the question being put on the amendment, it was negatived.
Clause 47 carried on division.
On Clause 48,
John Reynolds moved, -- That Bill C-40, in Clause 48, be amended by replacing lines 24 to 32 on page 19 with the following:
Discharge
"48. (1) If the judge decides not to make an order of extradition, the judge shall order the discharge of the person.
When refugee claim
(2) When the judge orders the discharge of a person and the person has claimed Convention refugee status under section 44 of the Immigration Act, the judge shall send copies of all relevant documents to the minister responsible for that Act."
The question being put on the amendment, it was negatived.
Clauses 48 to 54 carried severally on division.
On Clause 55,
John Reynolds moved, -- That Bill C-40, in Clause 55, be amended
(a) by replacing, in the French version, line 28 on page 21 with the following:
"a) soit accueillir l'appel et annuler l'ordonnan-"
(b) by replacing line 45 on page 21 with the following:
"(b) dismiss the appeal
(i) if it does not allow the appeal on any ground referred to in paragraph (a), or
(ii) even though the court of appeal is of the opinion that on the ground referred to in subparagraph (a)(ii) the appeal may be decided in favour of the appellant, if it is of the opinion that no substantial wrong or miscarriage of justice has occurred."
After debate, the question being put on the amendment, it was negatived.
Clause 55 carried on division.
Clause 56 carried on division.
On Clause 57,
John Reynolds moved, -- That Bill C-40, in Clause 57, be amended by replacing lines 29 to 31 on page 22 with the following:
Time limitation
"(3) A person who proposes to make an application for judicial review must give notice of that application, in any manner that may be directed by the rules of court of the court of appeal, not later than 30 days after the"
After debate, the question being put on the amendment, it was negatived.
Clause 57 carried on division.
Clause 58 carried.
Clause 59 carried on division.
Clauses 60 to 79 carried severally.
Clause 80 carried on division.
Clauses 81 to 98 carried severally.
Clause 99 carried.
Clauses 100 to 130 carried severally.
The Committee resumed consideration of Clause 8,
Daniel Turp moved, -- That Bill C-40, in Clause 8, be amended by adding after line 25 on page 4 the following:
"(4) An extradition agreement - or the provisions respecting extradition contained in a multilateral extradition agreement is tabled before both Houses of Parliament no later that 60 days after it comes into force."
After debate, the question being put on the amendment, it was negatived.
Clause 8 carried.
The Schedule carried.
Clause 1 carried.
The Title carried.
The Bill, as amended, carried.
ORDERED, -- That Bill C-40, An Act respecting extradition, to amend the Canada Evidence Act, the Criminal Code, the Immigration Act and the Mutual Legal Assistance in Criminal Matters Act and to amend and repeal other Acts in consequence, as amended, be reprinted for the use of the House of Commons at the Report Stage.
ORDERED, -- That the Chair report Bill C-40 with amendments to the House as the Sixteenth Report of the Committee.
At 6:06 p.m., the Committee adjourned to the call of the Chair.
Roger Préfontaine
Clerk of the Committee