JURI Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 99
Wednesday, November 18, 1998
The Standing Committee on Justice and Human Rights met at 3:45 p.m. this day, in Room 705, La Promenade Building, the Chair, Shaughnessy Cohen, presiding.
Member(s) of the Committee present: Eleni Bakopanos, Shaughnessy Cohen, Paul DeVillers, Ivan Grose, Derek Lee, Peter MacKay, John Maloney, John McKay, John Reynolds, Jacques Saada.
Acting Member(s) present: Gary Lunn for Jim Abbott, Steve Mahoney for Reg Alcock, Réal Ménard for Michel Bellehumeur, Daniel Turp for Richard Marceau.
In attendance: From the Library of Parliament: David Goetz, Researcher, Philip Rosen, Senior Analyst. From Committees and Legislative Services: Richard Dupuis, Legislative Clerk.
Witness(es):From the Department of Justice: Yvan Roy, Senior General Counsel, Criminal Law Policy Section; Jacques Lemire, Counsel, International Assistance Group; From the Department of Foreign Affairs and International Trade: 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 Chair called Clause 2.
Clause 2 carried.
On Clause 3,
John Reynolds moved, -- That Bill C-40, in Clause 3, be amended by replacing line 33 on page 2 with the following:
"3. (1) A person shall be extradited from"
After debate, the question being put on the amendment, it was negatived.
Clause 3 carried.
On Clause 4,
John Reynolds moved, -- That Bill C-40, in clause 4, be amended by replacing line 37 on page 3 with the following:
"the person under this Act unless the judge is of the opinion that those further proceedings would be an abuse of process."
After debate, the question being put on the amendment, it was adopted.
Clause 4, as amended, carried.
Clauses 5 to 7 carried.
Clause 8 stood.
On Clause 9,
Daniel Turp moved, -- That Bill C-40, in Clause 9, be amended by replacing, in the French version, lines 26 to 28 on page 4 with the following:
Désignation
"9. (1) Les membres du Commonwealth dont les noms apparaissent à l'annexe et les États ou entités y figurant sont désignés partenaires."
After debate, the question being put on the amendment, it was adopted.
Clause 9, as amended, carried.
Clause 10 carried.
On New Clause,
John Reynolds moved, -- 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 committal 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."
Debate arose thereon.
At 5:26 p.m., the Committee adjourned to the call of the Chair.
Roger Préfontaine
Clerk of the Committee