December 20, 1963

LIB

Lionel Chevrier (Minister of Justice and Attorney General of Canada)

Liberal

Mr. Chevrier:

Mr. Speaker, I do not accept the statement made by the right hon. Leader of the Opposition that an injustice has been done under these circumstances. This is not

the first such warrant of committal that has been signed by the Minister of Justice since he has been in office, and it was signed under the same circumstances as it is usually, when the decision of the court is rendered. The courts of the province of British Columbia dealt with this case on two occasions-

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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PC

John George Diefenbaker (Leader of the Official Opposition)

Progressive Conservative

Mr. Diefenbaker:

Not on this question.

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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LIB

Lionel Chevrier (Minister of Justice and Attorney General of Canada)

Liberal

Mr. Chevrier:

Yes, they did, indirectly. The question comes up on habeas corpus and on appeal from the lower court, so it would seem to me that the whole question was determined by the courts. However, the problem which my hon. friend raises is one which it seems to me should not be considered under the circumstances. I do not see why the matter should be referred to the supreme court in this case any more than in the half dozen or more other cases where extradition proceedings have been decided upon and a warrant has been signed by the minister. To refer this particular point to the Supreme Court of Canada, or to any other court, under the circumstances does not appeal to me at the moment.

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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PC

John George Diefenbaker (Leader of the Official Opposition)

Progressive Conservative

Mr. Diefenbaker:

Mr. Speaker, I will ask just one question. In any one of the six cases to which the minister made reference, when he states he signed extradition orders, were any of those extradition orders made in respect of a man while out on parole?

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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LIB

Lionel Chevrier (Minister of Justice and Attorney General of Canada)

Liberal

Mr. Chevrier:

I would have to look that up. I could not answer that offhand but I am convinced in my mind, after a reading of the two sections, that the treaty does apply under these circumstances for the reason I gave once before, namely that if that were not the case then a person on parole could leave the Canadian jurisdiction, go into the United States, commit a crime there, come back into Canada and, because he is on parole, would not be subject to extradition, and of course vice-versa, and I am sure that was not the intention of the two countries when they entered into the extradition treaty.

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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PC

John George Diefenbaker (Leader of the Official Opposition)

Progressive Conservative

Mr. Diefenbaker:

Then, Mr. Speaker, on what basis, unless the parliamentary secretary thought an injustice was done, or what authority did he have to get in touch with the warden?

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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LIB

Lionel Chevrier (Minister of Justice and Attorney General of Canada)

Liberal

Mr. Chevrier:

I have already replied to that question-

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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PC

John George Diefenbaker (Leader of the Official Opposition)

Progressive Conservative

Mr. Diefenbaker:

No.

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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LIB

Lionel Chevrier (Minister of Justice and Attorney General of Canada)

Liberal

Mr. Chevrier:

-and the parliamentary secretary did exactly what the minister would have done under the circumstances if a request had been made by a person in authority, by a person such as the leader of the Liberal party in B.C. or anybody else in authority,

61.99

asking that this matter be considered. This was all done in about 10 or 15 minutes when it was not possible to get an opinion, and I think I would have done just as the parliamentary secretary has done, and would have taken the action which he took, and after it was taken-my right hon. friend laughs. He is serious one moment, then he laughs the next.

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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PC

John George Diefenbaker (Leader of the Official Opposition)

Progressive Conservative

Mr. Diefenbaker:

I am laughing at the ridiculous answer.

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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LIB

Lester Bowles Pearson (Prime Minister)

Liberal

Mr. Pearson:

Anything to make a little political capital.

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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LIB

Lionel Chevrier (Minister of Justice and Attorney General of Canada)

Liberal

Mr. Chevrier:

I thank the right hon. Leader of the Opposition for having said that and for his very complimentary remarks, but I repeat that the advice I have received from the officers who considered this very carefully was that under the circumstances the person in question was subject to extradition.

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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NDP

Thomas Clement (Tommy) Douglas

New Democratic Party

Mr. Douglas:

As a supplementary question, do I take it the minister is now telling us that the legal opinion he has is based on what the statute ought to say rather than on what it says?

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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LIB

Lionel Chevrier (Minister of Justice and Attorney General of Canada)

Liberal

Mr. Chevrier:

No, Mr. Speaker.

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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PC

Erik Nielsen

Progressive Conservative

Mr. Erik Nielsen (Yukon):

As a supplementary question, in view of the reference made by the minister to the telegrams and letters which he was holding in his hand, would he be prepared to table them?

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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LIB

Lionel Chevrier (Minister of Justice and Attorney General of Canada)

Liberal

Mr. Chevrier:

Well, I think I will have to obtain permission from the person who sent them.

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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PC

Erik Nielsen

Progressive Conservative

Mr. Nielsen:

Mr. Speaker, I believe the minister is required under the rules to table the documents to which he has made reference, and I refer Your Honour to citation 159 of Beauchesne's fourth edition.

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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LIB

Lionel Chevrier (Minister of Justice and Attorney General of Canada)

Liberal

Mr. Chevrier:

If you will allow me, I received this telegram from Mr. Perrault- well, it is already on the record so I do not think it necessary to table it.

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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PC

Robert Gordon Lee Fairweather

Progressive Conservative

Mr. Fairweather:

We would like them all on the record.

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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?

Maurice Bourget (Speaker of the Senate)

Mr. Speaker:

May I suggest that if they are public documents that is one thing, and if the minister is reading from the documents he should table them.

Topic:   ADMINISTRATION OF JUSTICE
Subtopic:   JOHN WASYLENCHUK
Sub-subtopic:   DEPORTATION PROM B.C.
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December 20, 1963