Jailed drug dealers sue Public Safety Minister

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-- Jailed drug dealers sue Public Safety Minister

Posted by Yohan on Oct-21-2008 02:44:

Jailed drug dealers sue Public Safety Minister

http://www.theglobeandmail.com/serv...y/National/home

quote:
he Canadian Press

October 20, 2008 at 8:22 PM EDT

VANCOUVER � Two British Columbians serving time for drug offences in the U.S. have filed a lawsuit against Public Safety Minister Stockwell Day for blocking their transfers to Canadian prisons.

In Federal Court documents filed earlier this month, B.C. lawyer John Conroy said Mr. Day's decision in the separate cases of Steve Czinege and Winnie Lam is �incorrect in law and unreasonable in fact.�

The documents allege Mr. Day has no lawful jurisdiction to deny, refuse or postpone Mr. Czinege and Ms. Lam's entry into Canada on grounds that they �constitute a threat to the security of Canada.�

�I've never seen that (security threat) label placed on anybody before this minister,� Mr. Conroy said. �It's usually used in the context of terrorism and things like that. He's using it as a threat.�
Minister of Public Safety Stockwell Day speaks to a reporter after addressing a group of supporters in Caronport, Saskatchewan on Sept. 29, 2008.
Enlarge Image

Minister of Public Safety Stockwell Day speaks to a reporter after addressing a group of supporters in Caronport, Saskatchewan on Sept. 29, 2008. (Colin Dewar/The Canadian Press)
The Globe and Mail

Mr. Conroy said Mr. Day's logic makes little sense.

�If you thought there was somebody out there who was a threat to the security of Canada, where would you want them? At some other country able to be deported back? Or in one of our prisons?�

In late August, Federal Court Justice Michael Kelen criticized Mr. Day for citing national security as a reason to stop the transfer of convicted child molester Arend Getkate from a U.S. prison to a Canadian facility.

Justice Kelen said Mr. Day's use of the term national security risk in that case was �wholly unreasonable� and quashed the decision, which the government did not appeal.

But on Sept. 8, Mr. Czinege was denied his transfer on the same security grounds. Three days later, so was Ms. Lam.

�My hope and expectation would be that the minister would now, as a result of Getkate, make decisions that are consistent with that decision,� Mr. Conroy said.

Mr. Czinege and Ms. Lam also claim their constitutional rights have been violated and that there should be an immediate order for their return to Canada.

They are seeking to have their legal fees reimbursed.

Mr. Czinege was convicted in January 2007 after he was caught trying to smuggle 110 kilograms of cocaine from Washington to Canada inside a truck's fuel tanks.

Ms. Lam is serving a seven-year jail sentence after she was caught with 1,000 ecstasy pills at the Seattle airport.

I guess the convicts don't like the yank jails and want to come back to our cushier jails

As if we need these guys back in Canada