MPs calls for changes in Canada’s extradition law amid ‘flaws’ – National | 24CA News
The Liberal authorities ought to undertake a “comprehensive reform” of Canada’s extradition legislation as quickly as doable to forestall “further injustices” resulting from shortcomings, a House of Commons committee recommends.
In addition to calling for an overhaul of the Extradition Act, a report from the justice and human rights committee urges the federal government to make administrative modifications to the method for sending individuals to face prosecution and incarceration overseas.
During hearings earlier this yr, MPs heard about instances “cited as evidence of real harms resulting from flaws in our existing legislation and process and as examples of injustices that will likely continue to occur in the absence of reform,” the committee’s latest report says.
Dalhousie University legislation professor Rob Currie, one of many longtime critics of the extradition system who appeared earlier than the committee, welcomed the committee’s findings.
“They really heard us,” he mentioned in an interview. “It shows great understanding of the problems that we were pointing out.”
Advocates of reform have lengthy highlighted the case of Ottawa sociologist Hassan Diab, a Canadian citizen who was extradited to France and imprisoned for over three years, solely to be launched with out even being dedicated to trial for a 1980 assault on a Paris synagogue.
Diab, who has at all times claimed innocence, returned to Canada. But he was later tried in absentia in Paris for the bombing that killed 4 and wounded 46.
A French courtroom sentenced him to life in jail in April and issued an arrest warrant, that means he may as soon as once more face extradition.
Under step one within the Canadian extradition course of, Justice Department officers resolve whether or not or to not concern what is called an “authority to proceed” to the following step, a listening to in courtroom.
If the case proceeds, a courtroom then decides whether or not there may be enough proof, or different relevant grounds, to justify an individual’s committal for extradition.
When somebody is dedicated to be extradited, the justice minister should then personally resolve whether or not to order the person’s give up to the overseas state.
Critics say the committal course of compromises the flexibility of the particular person sought to meaningfully problem the overseas case towards them, decreasing Canadian judges to rubber stamps and allowing use of unreliable materials.
They additionally say the give up determination made by the justice minister is a discretionary and political course of, unfairly weighted towards extradition.
Diab’s supporters have lengthy argued he was in Beirut writing college exams _ not Paris _ when the synagogue assault befell. They say fingerprint, palm print and handwriting proof clears him of the crime.
The MPs heard testimony from witnesses together with Diab’s spouse Rania Tfaily, civil society voices, legislation professors and Justice Department officers.
Among the committee’s suggestions:
_ Modernize outdated treaties and withdraw from ones with companions that significantly contravene worldwide human rights requirements;
_ decrease the required threshold to rebut the presumption of reliability of the extradition associate’s file of the case on the committal listening to;
_ enshrine an obligation for a associate state to carry the trial of an individual searched for extradition inside a yr of the give up to the overseas state;
_ add a authorized obligation for the Department of Justice to confide in the particular person searched for extradition any exculpatory proof in its possession, or that it is aware of of, that would compromise or weaken the request of the associate state; and
_ give the extradition choose a larger function relative to that of the justice minister, significantly by granting Canadian courts the ability to rule on the equity of the extradition order, bearing in mind the scenario of the particular person sought and the extradition associate’s respect for human rights.
Currie mentioned a greater stability between the function of the choose and that of the minister is essential as a result of the legislation at present offers judges little or no energy within the extradition course of.
“Most of the major, important questions of law are actually allocated to the minister,” he mentioned.
The workplace of Justice Minister David Lametti had no fast touch upon the committee report. The committee has requested the federal government to make an in depth written response.
© 2023 The Canadian Press
