Canada's Justice Liaison Positions: Enhancing Global Fight Against Crime
Canada's justice liaison positions play a vital role in facilitating international cooperation and communication between diverse legal systems, particularly with France. By bridging communication gaps and navigating different procedural rules, these positions support global efforts in fighting crime and promoting legal cooperation on an international scale.
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JUSTICE LIAISON POSITIONS Benefits to Global Efforts in Fighting Crime Jacques Lemire, Senior Counsel/Team Leader ( quipe France) International Assistance Group, DOJ, Canada International Association of Prosecutors 24th Annual Conference 2019 - Buenos Aires 15-19 September 2019
A Word About Canadas Legal History Canada s legal system is based on the French and British systems. Common Law tradition rules based on precedent adapts to changing circumstances. Under Canada s Constitution (s. 91(27), the Parliament of Canada has exclusive authority to enact criminal law (federal jurisdiction). 2
Working with Different Criminal Justice Systems Increased engagement with diverse legal systems Different procedural and evidentiary rules Varying requirements for seeking and obtaining international assistance. Laws and treaties on international cooperation took these differences into account. 3 l
Communication Challenges Arising from Different Systems Even when speaking the same language, communication gaps may exists - legal expressions may have different meanings: E.g. enqu te pr liminaire and preliminary hearing do not mean the same thing in Canada and in France. 4
Canadas Justice Liaison Positions Brussels & Paris 2002, Canada s first Justice liaison posted in Brussels (Mission to the EU) 2003, second Justice liaison person, this time in Paris (housed at the Canadian Embassy) N.B. In 2002, France had posted a liaison magistrate in Ottawa, Canada to support international cooperation between two very different legal systems. 5
Canadas Justice Liaison Positions Brussels & Paris, cont d Two postings were meant to support international cooperation efforts in those regions: Paris position to facilitate Canada-France relations. Brussels position has a wider geographic focus (EU) is also Canada s contact with Eurojust. At present, only the Brussels position remains. 6
Canadas Liaison Positions Mandates Part of Canada s Central Authority for MLA and extradition (the International Assistance Group (IAG)) report to the DG of the IAG. Represent Canada in various international fora dealing with international efforts to fight crime at a global level (FATF, CoE, OSCE, some UN bodies). Operational contact with Canadian police liaison networks. 7
Canadas Liaison Positions Mandates, cont d Core role is to provide operational support in criminal cases requiring foreign assistance (MLA or extradition). Instrumental in maximizing the use of cooperation instruments and bridging the gap between legal and procedural systems. Responding to misconceptions about what is possible. 8
The Paris Liaison Position Built bridges between Canadian and French systems. Established relevant contacts within the French system. Made efforts to advance Canada s extradition and MLA requests to France in a timely manner. Provided guidance to French authorities on Canadian legal and procedural requirements. 9
The Paris Liaison Position, contd Gained knowledge of the judicial/legal apparatus under which the French system operates. Assisted in making the process of seeking and providing cooperation more efficient through advance guidance and instructions, tracking the progress of cases and managing expectations. Direct, in-person contact with relevant authorities and hands-on support assisted greatly in building strong relationships between partners (practical examples). 10
The Paris Liaison Position, contd Practical advantages making good use of different time zones between Ottawa and Paris assisted with sharing information quickly in urgent cases Developed useful relationships with other foreign liaison magistrates posted in Paris operational advantages direct contact at dedicated offices at French Ministry of Justice. 11
French Magistrate in Canada For approx. 14 years, France had a liaison magistrate posted at the Headquarters Office of DOJ in Ottawa. Very beneficial for Canada direct conduit to pursue cooperation and to obtain information required for a successful MLA or extradition request. 12
Questions? 13
