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Bill C-403

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1st Session, 37th Parliament,
49-50 Elizabeth II, 2001

House of Commons of Canada

BILL C-403

An Act respecting fugitives in Canada from justice in other countries

Preamble

Whereas an increasing number of persons in Canada are in custody or released on bail in Canada with respect to crimes alleged to have been committed in other countries;

Whereas Canada has a legitimate and internationally recognized policy that extradition is allowed only in cases where it is established that there is a proper charge to be answered and that the internationally accepted human rights of the prisoner in the country seeking extradition will be respected;

And Whereas by the use of the procedures and appeals allowed by law in Canada, some fugitives are able to defer a final determination of an extradition request for an extended period of time;

Now, Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short title

1. This Act may be cited as the Fugitives from justice in other countries Act.

Report on extradition

2. (1) The Minister of Justice shall cause to be laid before each House of Parliament, no later than the third day after April 1 that the House in question is sitting, a report respecting the preceding year showing, without naming or identifying any person:

    (a) the number of persons for whom an extradition request was received from another country;

    (b) the number of such cases where the accused has not been found in Canada and the number of such cases where the accused is, on reasonable grounds, believed to be at large in Canada;

    (c) the number of persons extradited to another country during the year;

    (d) the nature of the crimes of which all those persons against whom extradition is sought, including requests received during the year and unresolved requests from previous years, showing the type of crime and the number of persons accused with a crime of that type;

    (e) the average time in months that was taken to finally determine the cases that were determined in the year; and

    (f) an estimate of the cost to the public of finding, arresting, keeping in custody, prosecuting, defending and considering extradition of persons against whom extradition is sought, including legal aid, prosecutors' time, court costs and costs of search, apprehension and custody.

Referral to committee

(2) The report shall be deemed referred to such standing committee of each House that normally considers matters of justice for the committees' consideration and report according to the instructions given by each House.

Committee report

3. Without limiting the instructions that a House of Parliament may give to a standing committee under subsection 2(2), the report of the committee shall include the committee's recommendations as to

    (a) whether the committee believes that the extradition process is working well in Canada;

    (b) whether unreasonable delay is occurring in resolving extradition requests, and, if so, what causes the delay;

    (c) whether the committee considers that the appropriate balance is made between international cooperation with respect to law enforcement and the rights of the accused;

    (d) the committee's recommendations, if any, on legislative or policy changes that would improve the extradition process without unduly affecting the legitimate protection of the human rights of the accused; and

    (e) any question of law, including, for greater certainty, international law, relating to extradition that the committee believes should be referred by the Governor in Council to the Supreme Court of Canada for an opinion.

Minister's response to report

4. If a committee reports recommendations for legislative or policy changes, the Minister of Justice shall, within sixty days of the presentation of the report, or on any of the three days on which the House in question next sits following the sixty days, cause to be laid before each House of Parliament a statement of the changes the Minister intends to introduce in Parliament by way of legislation, or to initiate as policy changes.

Call for debate on report

5. (1) After the response by the Minister mentioned in section 4, if any member of either House of Parliament moves that the report of a committee made pursuant to section 3 be debated, the Speaker shall, without permitting debate, ask for those members supporting the motion to rise and, if fifty members or more rise, then the Government House Leader shall, on any of the next five days on which the House sits, announce a date, within thirty days on which the report shall be called for debate in the House and no less than three hours shall be allowed for debate.

Vote on committee report

(2) At the end of the debate, or at the time that no further member rises to speak in the debate, the House shall vote on the report and shall concur it, amend it and concur in it or determine that it not be concurred in.

Expiry

6. This Act expires on December 31, 2006.

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