On April 19, Justice Minister Anne McLellan said that...

On April 19, Justice Minister Anne McLellan said that the European Union's resolution being debated at the Commission on Human Rights would, if passed, make Canada a safe haven for killers. The resolution would call upon countries to win guarantees that the death penalty would not be used, before anyone is extradited. "If Canada, by law, were required to seek assurances against the death penalty in each case, this country would be identified as a safe haven for those charged with the most serious crimes - most likely murder," McLellan said. She noted that Canada is in the middle of overhauling its 100-year-old extradition law to make it easier to kick people out. Bill C-40 would also make Canada compliant with UN resolutions establishing international tribunals for Rwanda and the former Yugoslavia. Canada would be able to arrest and extradite fugitives to either tribunal. Under existing law, Canada is powerless to do anything. Critics said Bill C-40 goes too far because it gives the Justice Minister the sole discretion to extradite someone to face a death sentence. The Bill was adopted, however. It doesn't really change anything as far as extraditing capital offenders is involved, but merely confirms what was already the policy, that is, that the Minister has discretion to extradite with or without the assurance that capital punishment will not be imposed. There was a fierce debate in April and May in the Canadian Senate, with several Senators arguing that the Minister should be forbidden by law from extraditing if no assurance on capital punishment is given. But ultimately this amendment was defeated and the legislation (Bill C-40), as proposed by the Minister, was adopted. During the Commission on Human Rights proceedings, Canada tried to soften the wording of the European Union's resolution by proposing an amendment to the extradition paragraph. Initially, the EU text read: "The Commission calls on all States not to extradite any person to a country in which he or she risks being sentenced to death." In order to satisfy Canada, the EU added "unless the requesting state provides sufficient guarantees that capital punishment will not be carried out." But Canada proposed the following paragraph: "The Commission urges States that have received a request for extradition on a capital charge to consider seeking assurances that capital punishment will not be carried out or imposed." This phrase was unacceptable, because it could allow the extradition and death penalty in some cases. The EU rejected Canada's proposal and the resolution was approved as it appears in the appendix.