Department of Justice

REPORT ON MUTUAL LEGAL ASSISTANCE PROCESS
RELEASED

OTTAWA, April 7, 1998 -- The Department of Justice today released a report reviewing changes made to how it handles requests for international legal assistance.

The International Assistance Group (IAG) of the Department of Justice had revised its procedures relating to letters of request for international legal assistance after the Financial Post published a non-government summary of a letter that had been sent to Switzerland in the RCMP Airbus investigation.

Mr. Justice Allan Goodman, Q.C., was asked to review the IAG's methods to see if those changes were effective and appropriate and to provide feedback to the department on any further changes. Due to Justice Goodman's death, the report was submitted to Department of Justice by his daughter, a Toronto lawyer. The Department is confident it reflects the substance of his views.

The report found the revised procedures provide effective law enforcement capability while respecting the rights of individuals. The revisions provide a number of checks and balances to ensure statements in letters of request are less likely to be misinterpreted and result in improper conclusions being drawn. The report stated the procedures instituted contain a minimum risk of infringing an individual's rights through breach of confidentiality or the use of inappropriate language in a request.

The enhanced training program currently in use by the International Assistance Group was strongly supported by the review. A further recommendation to provide some instruction to all police forces is actively being considered.

The report also recommended letters of request be routed through Provincial Crown Attorneys Offices for review when they relate to matters of provincial jurisdiction before they are forwarded to the International Assistance Group. This recommendation is being discussed with appropriate authorities in each of the provinces and efforts are being made to implement that recommendation to the extent possible.

Copies of the report may be obtained by calling the Communications and Executive Services Branch of the Department of Justice at (613) 957-4222.

Ref.:   David Merner
        Department of Justice
        (613) 952-8097