Overview of Recent Activities and Achievements - August 2003
Table of Contents

INTERNATIONAL WORK

The Department of Justice continues to play an important role in international organizations such as the United Nations (UN), the Organization of American States (OAS), the Organization for Economic Co-operation and Development (OECD), the Council of Europe (CoE) and the G-8 in addressing human rights and international criminal justice issues. Over the past year, the Department was involved with important international conventions and agreements, including:

Optional Protocol to the UN Convention on the Elimination of All Forms of Discrimination Against Women

In October 2002, Canada acceded to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. Officials from the Department along with colleagues from Status of Women Canada and the Department of Foreign Affairs and International Trade worked for several years on the negotiation and adoption of the optional protocol as well as Canada's accession to the instrument.

The Optional Protocol establishes a process by which individuals, who believe that their Convention rights have been violated, may submit a formal complaint to the Committee on the Elimination of Discrimination Against Women, once all domestic remedies have been exhausted. The Optional Protocol also establishes an inquiry process into allegations of grave or systematic violations of rights contained in the Convention.

Canada's accession to the Optional Protocol further demonstrates the Government's ongoing commitment to the promotion of gender equality and women's human rights both domestically and internationally.

Council of Europe Convention on Cyber-crime

The Department played an important role in drafting and negotiating of this Convention, which is the first international treaty on computer-related crimes. Types of crime include those committed via the Internet and other computer networks, dealing particularly with hacking, infringements of copyright, computer-related fraud, child pornography and violations of network security. The Convention aims to establish common policy for protecting society against cyber-crime, particularly through legislation and international cooperation. The Government of Canada is currently considering amendments to the Criminal Code and other statutes that would allow Canada to ratify the Convention.

The Department also actively participated in the drafting of the First Additional Protocol to the Convention on Cyber-crime on the criminalization of acts of a racist or xenophobic nature committed through computer systems.

International Conventions against Corruption

The Department continues its work to support the negotiation of a UN Convention against Corruption, which is expected to be finalized by the end of 2003. This Convention would include provisions aimed at the prevention and criminalization of corruption and improving international cooperation in this field. Agreements on the recovery of assets resulting from corruption, as well as a broad scope of preventive measures, were achieved during the most recent negotiating session in July 2003.

The Department, with federal and provincial partners, also assisted this year in Canada's evaluation of the implementation of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (Anti-Bribery Convention). The evaluation will study the structures in place in Canada to enforce the Convention's laws and rules and assess their application in practice. The Department also assisted in an evaluation of France's implementation of the Anti-Bribery Convention.

As part of the follow-up to the implementation of the Inter-American Convention against Corruption, the Department has been involved in a first round of review and the Committee's adoption of its first country report (Argentina).

Protocol to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation

The Department's work is ongoing in helping Canada negotiate this Protocol, which aims to ensure that appropriate action is taken against persons committing unlawful acts involving ships. Proposed amendments would significantly broaden the range of offences to which the Convention applies, making it more relevant to modern conditions - particularly the increase in international terrorism. Adding a provision for boarding of vessels has also been discussed on a preliminary basis.

UN Convention against Transnational Crime

This past year, the Department helped develop a legislative guide for the implementation of the UN Convention against Transnational Organized Crime, which was ratified by Canada in May 2002. The guide was distributed for comment at the 10th session of the United Nations Crime Commission in May 2003. It is anticipated that it will represent the first part of a three-volume set dealing with the main Convention and its related protocols.

Inter-American Convention against Terrorism

Following the adoption of the Inter-American Convention against Terrorism in June 2002, the Department had an important role in helping Canada become the first country to ratify the Convention in December 2002. This Convention complements the Anti-Terrorism Act and strengthens cooperation between inter-American partners in combating terrorism. The Convention came into force for Canada in July 2003.

Other international work by the Department included:

UN Commission on Crime Prevention and Criminal Justice

The Department continued its active role in the United Nations Commission for Crime Prevention and Criminal Justice, which advises the UN General Assembly in matters of crime prevention and criminal justice. For example, during the Commission's last session this past year, the Department helped ensure that an appropriate follow-up was given to the implementation of UN norms and standards in the field of crime prevention and criminal justice. The Department also played a lead role on the resolutions dealing with trafficking in human beings and terrorism, as well as preparations leading the 2005 UN Congress on Crime Prevention and Criminal Justice.

Capacity Building

The sharing of Canada's expertise has enabled other nations to build the capacity to fight against terrorism. In particular, Canada's Anti-terrorism Act is being used as a model for other states. For example, in December 2002, the Australian Senate's Legal and Constitutional References Committee considered using the investigative hearing process in Canada's Anti-Terrorism Act as an alternative to that found in its proposed legislation.

G8 Progress in the Fight Against Terrorism and Organized Crime

Departmental officials continued their active participation in the work of the G8, in particular its subgroups to address transnational organized crime and counter-terrorism issues. Some key activities over the past year included:

• supporting three major annual meetings of theses groups, leading up to the G8 Ministers of Justice and Home Affairs meeting and the G8 Summit;
• producing a "Best Practices" CD-ROM to address terrorism and transnational Organized Crime;
• developing the G8 Strategy to Protect Children from Sexual Exploitation on the Internet, which was subsequently approved by Justice Ministers in May 2003;
• coordinating Canada's input into a G8-sponsored questionnaire on special investigative techniques; and
• finalizing a G8 Handbook on national laws in the area of tracing, freezing and confiscating the proceeds and instrumentalities of terrorism.

La Francophonie

The Organisation internationale de la Francophonie consists of 50 states and governments where French is a language of work. In matters of legal and judicial co-operation within la Francophonie, Le Bureau de la Francophonie at the Department of Justice works with the Department of Foreign Affairs and International Trade and coordinates Canada's involvement in Francophone summits. Responsibilities include developing Canadian positions for each summit, analysing decisions made at these meetings and following up on their implementation.

The Bureau also acts as the representative of the Department at specialized meetings called by the Agence intergouvernementale de la Francophonie. The Department was part of the Canadian delegation at Brazzaville, Congo in April 2003 - the conference that prompted the creation of a network of national institutions responsible for human rights within la Francophonie. In June 2003, a Ministerial delegation represented Canada in Paris at the fourth meeting of the Bureau responsible for following up on the Conférence des ministres francophones de la Justice. Delegates from the participating departments, ministers and experts provided a balance sheet on the Plan d'action francophone en faveur de la Justice, de l'État de droit, des Droits de la personne et du Développement, and decided on new priorities for legal action and co-operation in la Francophonie. These new areas of focus will be introduced to heads of state and government at the 10th Francophone Summit to be held in Ouagadougou, Burkina Faso (Africa) in the fall of 2004.

International Co-operation

Through its International Cooperation Group, the Department of Justice is active in providing support to those countries seeking to modernize their justice systems. When the Department is asked to help put such reforms in place, the Group finds the necessary legal expertise, either inside the Department or within Canada's legal community. Current projects include:

• assisting the Government of Bangladesh, over a five-year period, in modernizing its legal framework and institutions;
• sharing the Department's knowledge and expertise with the Ukraine's Ministry of Justice in a collaborative project aimed at promoting integrity in the public sector;
• developing a crime prevention strategy in Mali; and
• helping to rebuild Afghanistan's justice system through funds allocated by the Canadian International Development Agency.

OAS Mutual Legal Assistance

The Department continues to be a leader within the Organization of American States (OAS) for establishing an electronic network on mutual legal assistance in the field of criminal law within the hemisphere.

In April 2003, the Department organized a meeting in Ottawa with representatives from member states of the OAS. The purpose of the meeting was to propose solutions to improve mutual legal assistance and discuss the progress of an OAS public Web site dedicated to the topic. During this meeting, the Department promoted the creation of, as an offshoot of the public Web site, a secure electronic network to accelerate secure communications between officials on mutual assistance and extradition. Some useful recommendations were also generated for Ministers of Justice of the Americas to consider at their next general meeting. Interest in the public and internal Web site projects increased as a result of this meeting as well.

The Department of Justice continues to contribute to OAS working groups on other topics, including anti-terrorism, and also assists the Solicitor General of Canada Portfolio in working bilaterally with the United States to address transnational fraud.

Private International Law

The Department of Justice continued to contribute to the harmonization of private international law within international organizations such as the Hague Conference on Private International Law, Unidroit, the United Nations Commission on International Trade Law (UNCITRAL), and the Organization of American States (OAS). Departmental officials contributed actively in areas such as international commercial law, judicial co-operation and enforcement of judgments, family law and child/adult protection, as well as the protection of property. Key activities over the past year include:

• working internally with Transport Canada, Industry Canada and the Department of Foreign Affairs and International Trade to obtain authority for Canada to sign the Unidroit Convention on International Interests in Mobile Equipment and related Aircraft Equipment Protocol;
• continuing consultations regarding implementation and preparation of legislation regarding UNCITRAL's Convention on Assignments of Receivables in International Trade;
• continuing negotiations on the draft Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters;
• finalizing consultation and negotiation on the draft Convention on the law applicable to securities held by intermediaries at the Hague Conference on Private International Law; and
• working with the Uniform Law Conference of Canada (ULCC) to prepare a Uniform Enforcement of Foreign Judgments Act.