Canada, Safe Haven

Don't we Canadians just pride ourselves silly over our generous nature, our good-heartedness, our ability to absorb the world's downtrodden and homeless, our acceptance of a pluralist society... We just adore admiring ourselves. Quiet, kind Canada.

Proud of our tradition of multiculturalism, of our peace-making tradition. A beacon of righteous self-admiration.

But look here, we've gone a little loopy in the process of proving to ourselves just how tolerant we are. We will accept into this country individuals with pasts so shady and shadowy as to be virtually opaque. Despite which we eventually become aware of just how despicable their activities in their former countries (and sometimes ours as well) have been.

And then we just cannot find it within ourselves to deport them. For in so doing we might be involved in placing these people with murder, mayhem, fraud and swindling schemes to their credit afoul of the law in their countries of birth. How boastfully superior can one become with this shotgun acceptance of moral necessity? Without shooting ourselves full-face at close range.

Canada anguishes over returning a vicious unrepentant gangster, declared "a danger to the people of Canada" for his record of assaults and threats on police and prison guards back to where he belongs because of the potential 'danger' he may face. The man is a clear public menace and has been since his arrival in Canada at age 14.

Hussein Jilaow has a record of more than 30 criminal events for assaults, robberies, fights, threats in an uninterrupted history of criminal behaviour.

The government has to find a way to deport this man, having given him legal protection under our court system. How is that for lenient? Our laws protect this criminal from deportation because of a fear he will face reprisal for his criminal activities in Canada, if he is returned to Mogadishu.

Other sterling examples of other countries' fugitives becoming our problem, awaiting deportation through our extradition-treaty with other countries, but which are delayed because of this country's fears they may face too-harsh punishment are also illuminating:

• Michael Karas, fighting extradition in Vancouver; wanted in Thailand for a 1996 murder.
• Gloria Chingkoe, of Richmond, B.C. accused with her husband of defrauding the Philippines government of $75 million.
• Rakesh Saxena of Vancouver, a financier Thailand has been trying to have extradited for 10 years for embezzling $88 million from the Bangkok Bank of Commerce.
• Rodolfo Pacificador, free in Toronto, still wanted in the Philippines for his role in the assassination of provincial governor Evelio Javier in 1986.
• Subhash Agrawal of Ottawa, wanted in India as a suspect in the 2003 murder of his sister.
• Harnek Singh Grewal, who leads a powerful Sikh sect, wanted for inciting a deadly riot.
• Malkiat Kaur Sidhu and Surjit Singh Badesha of Maple Ridge, B.C., wanted for the contract killing of Sidhu's daughter.
• Lai Changxing, an accused smuggling mastermind, fighting to stay in Canada for almost a decade; accused in China of a $100 million embezzlement scheme.

Before 1999, countries making extradition requests had to meet stringent evidentiary requirements including sworn affidavits from persons affected or connected by the crime, resulting in long delays. Bu since June 1999, a new Extradition Act took effect, meant to 'fast-track' the process to "prevent fugitives from considering Canada as a safe haven".

Unfortunately, a handful of Supreme Court rulings derailed the 'rubber stamp' approach. The court ruled that judges had a duty to protect the 'Charter rights of fugitives' by questioning foreign evidence.

This enables lawyers to line their pockets happily raising all kinds of objections, challenging how evidence has been gathered, criticizing governments, courts, prisons and punishments of requesting states.

Let's hear it for the lawyers. Try not to cry.