Commissioner's Speeches

TRANSCENDING BARRIERS
25^th ANNIVERSARY OF THE INTERNATIONAL TRANSFER OF OFFENDERS PRORAM

Remarks by:

Lucie McClung
Commissioner of the Correctional Service of Canada

Ottawa, Ontario
May 23, 2003


Check against delivery

Good morning Ladies and gentlemen, distinguished guests. On behalf of the Solicitor General of Canada, Mr. Wayne Easter, who unfortunately could not be among us today, I would like to extend to you a heartlfelt welcome to this conference.

I am pleased to be here to celebrate with you the 25^th Anniversary of the International Transfer of Offenders Program. Today's conference is about Transcending Borders -- about recognizing international collaboration between countries on criminal justice issues. It also offers us an opportunity to recognize those individuals who made the International Transfer of Offenders Program possible.

Over 25 years ago, someone had a vision and took steps to shape it into a reality. In 1975, Mr. William Outerbridge, the then Chair of the National Parole Board of Canada was preoccupied about people being incarcerated in foreign countries, away from their families. He saw the need for agreements between Canada and other countries for the transfer of these individual offenders. At the 5^th United Nations Congress on the Prevention of Crime and Treatment of Offenders in Geneva, William Outerbridge put forward an initiative suggesting that countries enter into agreements for the purpose of facilitating the transfer of offenders. He did this largely in recognition of community support as a vital factor in crime prevention. The Canadian intervention was favorably received and gave rise to discussions on the subject with representatives of several countries.

The work of William Outerbridge coupled with that of Jack Hollies of the Department of the Solicitor General, and John Hadwen of Foreign Affairs led to a model treaty that reflected the guidelines and principles for the international transfer of offenders.

The model treaty later served as a basis for eleven bilateral treaties signed between Canada and other countries and three multilateral conventions namely, the Council of Europe’s Convention on the Transfer of Sentenced Persons (1983), the Scheme for the Transfer of Convicted Offenders within the Commonwealth (1990) and the Inter-American Convention on Serving Criminal Sentences Abroad (1993).

Since the inception of the transfer program over 25 years ago, many government officials, public servants and individuals involved in criminal justice matters have been instrumental in providing the necessary support and I would be remiss if I was not to underline their contribution and involvement over the years.

As indicated by M. François Patry, the International Transfer of Offenders Program and the related treaties serve an important humanitarian purpose. A person incarcerated in a country with an unfamiliar language and culture often encounters many difficulties and suffers from a lack of contact with family and friends. Hardships they face often translate into hardships for their families as well.

But beyond personal hardships - which are not insignificant in and of themselves - the program serves an important policy purpose. Indeed, the program directly supports the goal of criminal justice systems worldwide; that is to foster safe communities. It provides offenders incarcerated in foreign states with the opportunity to go home and take part in rehabilitation programs that are relevant to him or her as an individual, as well as being relevant to their home community. As a result, the chances of successful reintegration of these individuals within their own communities are greatly increased.

The program also ensures that offenders do not escape justice. When offenders are transferred to their country of origin to serve the remainder of their sentence, they fall under the authority of the receiving country. They continue to assume the responsibility of their criminal actions as well as their ability of enhancing their capacity in becoming law-abiding citizens. In other words, they work towards safe release in terms that their home communities adhere to.

As M. Patry touched upon, citizens worldwide have gained a deeper appreciation of the need to work cooperatively on matters of criminal justice since September 11, 2001. Citizens are indeed preoccupied with their personal safety and the well-being of their community and fully understand the implication of globalization as devastating events unfold before their eyes. Today, citizens and criminal justice partners are called upon to not only respond to the aftermath of crime but also to the prevention of crime. By cooperating in matters of offender transfers, states protect their sovereignty by preventing offenders from escaping justice and offer platforms to offenders for becoming law-abiding citizens.

International Transfer of Offenders Program and related treaties and conventions have proven to be successful and continue to be a permanent feature of international relations between our country and many others. The progress made in Canada since 1978 in this area is considerable. Approximately 1,000 Canadians have been brought to Canada and more than 100 foreign offenders have been returned to their country of citizenship. The numbers may seem small for one country, but worldwide, thousands more have been returned to their home countries, thanks to bilateral treaties and international conventions.

In Canada, the Solicitor General recently tabled in the House of Commons amendments that will further the public safety and humanitarian purposes of the transfer of offenders. The new legislation will also allow Canada to enter into transfer agreements with other non-sovereign states.

Today, we will hear more about the transfer program and its impact. And we will hear first hand personal accounts of the impact of the program.

In closing , let me suggest to you that the program has demonstrated its impact of serving the interest of criminal justice systems worldwide.

Thank you very much. I wish us all a productive conference.