VZCZCXYZ0007
PP RUEHWEB

DE RUEHOT #0444/01 0912125
ZNR UUUUU ZZH
P 312125Z MAR 08
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC PRIORITY 7602
INFO RHMCSUU/FBI WASHINGTON DC PRIORITY
RHMFIUU/HQ USNORTHCOM  PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUEABND/DEA HQS WASHDC PRIORITY
RULSJGA/USCG WASHDC PRIORITY
RUEAHLC/DEPT OF HOMELAND SECURITY WASHDC PRIORITY
RUEADRO/HQ ICE DRO WASHINGTON DC PRIORITY
RUEAIAO/HQ ICE IAO WASHINGTON DC PRIORITY
RUEAORC/US CUSTOMS AND BORDER PROTECTION WASHINGTON DC PRIORITY

UNCLAS OTTAWA 000444 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PREL KCRM PTER SNAR CA
SUBJECT: CANADA: AG MUKASEY'S MEETING WITH MINISTER OF 
JUSTICE NICHOLSON AT THE CROSS BORDER CRIME FORUM, QUEBEC 
CITY, MARCH 18, 2008 
 
REF: A. OTTAWA 319 
     ¶B. OTTAWA 360 
 
¶1. (SBU) Summary: In a meeting with Attorney General Mukasey 
on the margins of the Cross Border Crime Forum March 18 
(septel), Canadian Justice Minister Nicholson said that with 
its initial law and order agenda of strengthened gun laws, 
changes to the special advocate system for non-citizen 
terrorist suspects, and anti-terrorism legislation nearing 
completion, Canada will move next further to strengthen its 
drug laws and to improve work on cybercrime.  He described 
the Shiprider program as a "perfect fit," confirming that 
Canada would make whatever legislative changes are necessary 
to make it work.  Both sides expressed interest in expediting 
the MLAT process.  End Summary. 
 
¶2. (SBU) Attorney General Mukasey met with Justice Minister 
Nicholson on the margins of the Cross Border Crime Forum in 
Quebec City March 18.  Canadian Ambassador to the U.S. Wilson 
and U.S. Ambassador to Canada Wilkins were also in 
attendance.  Nicholson described the very busy law and order 
agenda of the  Conservative government under Prime Minister 
Stephen Harper, including recent changes to the criminal code 
that require mandatory minimum sentences for gun crimes and 
restrict bail for accused gun offenders (ref a).  He noted 
that the government had also taken a number of initiatives to 
make the border more secure.  Nicholson underscored that PM 
Harper came to power with a very strong law and order mandate 
and intends to continue to push for safer streets and better 
cross border security. 
 
SECURITY CEFTIFICATES 
--------------------- 
 
¶3. (SBU) Nicholson described the Special Advocate system (ref 
b) that the government had revised in order to overcome a 
Supreme Court ruling against Canada's long-standing Security 
Certificate regime, under which non-citizens may be detained 
and deported for terrorist ties or national security 
violations.  (Parliament passed this new legislation in 
February 2008.)  A pre-selected group of attorneys with 
security clearances now serve as Special Advocates to review 
the evidence against accused terrorists without compromising 
sensitive information.  He also explained that the law rules 
out the use of evidence obtained through torture, especially 
waterboarding. 
 
STRONG SUPPORT FOR SHIPRIDER 
---------------------------- 
 
 
¶4. (SBU) Nicholson said that the next steps on the 
government's law and order agenda would include integrated 
cross-border maritime law enforcement operations (ICBMLEO), 
or "Shiprider," which he described as a "perfect fit" for the 
future direction of U.S. - Canada law enforcement 
cooperation.  He said that Canada would make "whatever 
legislation changes are required" to implement this program. 
Canadian Ambassador Wilson pointed out that the minority 
government must be extremely careful about such legislation, 
which could be controversial because of heightened 
sovereignty concerns; if the government makes one misstep, it 
could fall on a confidence vote in the House of Commons. 
However, Nicholson reiterated that the government has made 
clear that it will be assertive on law and order, and PM 
Harper has a good deal of political will - and public support 
QHarper has a good deal of political will - and public support 
- to do so. 
 
NEXT STEPS ON LAW AND ORDER AGENDA 
---------------------------------- 
 
¶5. (SBU) In addition to implementing the new Shiprider 
program, the government will push for stronger drug laws, 
with the message that, if people are growing, importing, or 
selling illicit drugs, they will do "serious" jail time, 
according to Nicholson.  He expressed the conviction that 
this is "the right message" for Canadians, and will be more 
welcome than the decriminalization of marijuana that the 
previous government sought.  .  Cybercrime, Nicholson added, 
would also be on the legislative agenda for the coming 
Parliamentary session, with a broad approach to internet 
 
 
crimes and id theft.  He said that much of what the 
government was doing on internet crime is just to stay even 
with criminals, who often have greater sophistication than 
law enforcement.  He noted that Canada has had good 
cooperation with internet service providers, which usually 
respond favorably to requests with a warrant.  In response to 
the AG raising a concern with Canada's inability to legally 
preserve perishable electronic evidence, Nicholson admitted 
that the process is often too slow to preserve evidence, but 
said  the government is working on improvements to the system 
which will close this loophole.  Nicholson cautioned that, 
because of the government's minority status, such legislative 
action could take time, noting that Parliament took two years 
to pass the firearms law. 
 
IMPROVING THE MLAT PROCESS 
-------------------------- 
 
¶6. (SBU) Minister Nicholson and AG Mukasey also discussed the 
Mutual Legal Assistance Treaty (MLAT) and extradition 
process. The AG commented that, from his time as a judge, he 
learned how slow the extradition process could be, and 
wondered if there might be a way to shorten it or improve the 
way we work on such cases.  Nicholson said that his 
department receives requests each week and acts on them 
quickly.  Nicholson also noted that the CBCF had a sub-group 
working on the MLAT question, which had developed a CD with 
essential documents and procedures for distribution to key 
players.  He expressed the hope that this would help by 
ensuring all players have the essential information. 
 
¶7. (U) This cable has been cleared by the AG's party. 
 
Visit Canada,s Economy and Environment Forum at 
http://www.intelink.gov/communities/state/can ada 
 
WILKINS