Justice

OTTAWA – MP Wayne Marston, (Hamilton East – Stoney Creek) and the NDP’s Critic on Human Rights presented a motion on March 11, 2008 before the Subcommittee on Human Rights drawing attention to the detention and prosecution of Omar Khadr with hopes that Canadian government would recognize him as a child combatant and petition the American government for his repatriation.

Mr. Khadr’s lawyer, U.S. Navy Lt. Commander William Kuebler, appeared before the House of Commons Subcommittee on April 29, 2008 where he appealed for Canada to save Mr. Khadr’s from a potential life sentence. "It's not a question of giving this young man a second chance. He has never had a first one. The only blessing he's had is being born in Canada and this country now represents his only hope," said Lt. Cmdr. Kuebler.

Kuebler also talked extensively about the rules set forth by the UN Optional Protocol on the Convention of the Rights of the Child. This Protocol clearly defines child combatants as victims, under the age of 18 years, who have been sent to fight. Canada was the first country to ratify the Protocol and has an obligation to abide by it. Unfortunately, it would appear as though the Conservative government does not believe it must uphold these international obligations.

“The fact that Omar Khadr's country has not given him the help that all Canadian citizens deserve is absolutely unacceptable” said Marston. “This boy was a child soldier, when he was shot in the back twice, almost executed, and then held as a prisoner at the age of 15. He has had to cope with what the American government calls, "enhanced interrogation techniques" at Guantanamo Bay, has been held with adult detainees for the past six years, and now faces life in prison,” said Wayne Marston.

At the time he was taken into custody, Omar Khadr was by all definitions a child soldier, and as such, Marston and the NDP believe the Canadian government has a responsibility to ensure that he receives a fair trial in his home country. Mr. Khadr has not received fair process or justice during his almost six year incarceration in Guantanamo Bay. This is especially obvious when all other combatants from other nations, being held in either Afghanistan detention centres or at Guantanamo Bay’s centre have been released to their home countries.

Marston wrote to the Minister of Foreign Affairs, Maxime Bernier demanding the government defend this Canadian citizen, repatriate Omar Khadr, declare him to be a child combatant, and ultimately to bring him home.

Wayne Marston, MP (Hamilton East – Stoney Creek) was joined by the family of Billy Mason, a local man who went missing over 2 years ago, to launch a postcard campaign asking Prime Minister Harper to establish a National DNA Bank and Missing Persons Index.

“The Government has said it supports the creation of these tools in principle. It commissioned a report that told them it “would be possible and desirable” to establish these tools.” said Marston. “It is time for the Government to act on this recommendation and put the necessary processes in place to consider privacy concerns and other issues. It is time to act and set timelines for the establishment of the national DNA bank and missing persons index.”

In a recent response to a Question on the Order Paper posed by Mr. Marston, the Minister of Public Safety, Stockwell Day indicated that this should be studied by the Standing Committee on Public Safety before the Government moves ahead and that no timelines can be set because committee’s set their own agendas.

“My son has been missing for over two years. We have DNA samples that could be compared to found articles of clothing but without a national DNA bank and missing person’s index, how can we know for sure that no stone has been left un-turned.” commented Donna Dixon, mother of Billy Mason, “We need this Conservative Government to show leadership and bring this forward instead of hoping somebody else will do the work.”

Mr. Marston added “We’re launching this postcard campaign to involve others in the community in this fight. Last fall we gathered over 6600 signatures to a petition – we’re hoping to get as many postcards signed to deliver to the Prime Minister. Harper and his government cannot continue to ignore the need for this important tool. “

“Law enforcement officials currently depend on a patchwork of processes to attempt to match DNA of missing persons with found and recovered items and remains. It is time to give them the tools they need to help families like Donna and Billy’s grandmother Mary find out what happened to him. It is time to act.”

Please sign our online petition or print the post card below and mail it back to Wayne, so he may present them to Mr. Harper in the House of Commons.

MARSTON CALLS FOR PARLIAMENTARY DEBATE ON CONSERVATIVES DEATH PENALTY POLICY

Ottawa – In Ottawa, Wayne Marston, MP (Hamilton East – Stoney Creek) and the NDP’s Human Rights Critic, made the following statement on the Conservatives death penalty policy:

“It is time for the Conservative government to be open and honest. It is time for them to bring forward their policy on the death penalty and put it to a vote in the House of Commons.

Recently, Prime Minister Harper’s government has executed an about face on the issue by withdrawing its’ application for clemency in the case of Ronald Allen Smith and quitting its responsibility as co-sponsor for the motion at the United Nations General Assembly on worldwide abolition of the death penalty.

The governments refusal to seek clemency for a Canadian on death row is immoral and wrong. We decided here in Canada a long time ago that the state does not have the right to kill, no matter what the crime.

That principle does not stop at the border.

A recent poll suggests that 50% of Canadians are opposed to the Conservatives position. It is time for this Government to bring the policy forward so that all Canadians know exactly where they stand and Parliament must have a say on this important issue.”

Nov 01 2007 10:20:00 - Source: CP [The Canadian Press]

New Democrats call for national DNA databank, promote petition (DNA-Databank)

OTTAWA - A New Democrat MP is calling for a national DNA databank to help trace missing persons.

Wayne Marston says he took up the issue when he was approached by the Hamilton-area family of Billy Mason, who disappeared in February 2006.

Marston says there is a patchwork process in place to check DNA in missing-persons cases, but he says it's governed by luck.

He says a national DNA bank and missing-persons index would enable law enforcement to cross-check DNA on items and remains that have been found with that of missing persons.

Mason's family has started a national petition with 6,600 signatures calling on Parliament to review research and legislate implementation of a DNA human-remains index and a DNA databank for missing persons.

The petition states there are thousands of missing-person cases in Canada and no established method to cross-reference recovered remains with people on the missing-persons list.

The federal, provincial and territorial governments have been discussing a DNA missing-persons index, but the petition says while they talk families suffer without closure even though their loved ones may already have been found.

INDEX: SOCIAL JUSTICE
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MARSTON PRESENTS PETITIONS FOR NATIONAL DNA BANK
6600 Hamiltonians support call for a National DNA and Missing Persons Bank

OTTAWA –NDP MP Wayne Marston (Hamilton East-Stoney Creek) presented today in the House of Commons a petition signed by over 6600 people calling on the Harper Conservatives to move quickly on establishing a National DNA and Missing Persons Bank.

“It is time for the Conservatives to commit to implementing a National DNA and Missing Persons Bank. It is time for the Conservatives to tell the families of the estimated 4800 missing Canadians when this important tool will be available. And it is time for Billy Mason’s family to get the answers they have waited for so long,” said Marston.

William “Billy” Mason disappeared in Hamilton in February of 2006. Since then, Mr. Mason’s mother, Donna Dixon, and his grandmother, Mary Mason, have been searching for answers about his disappearance. They first began calling for a National DNA and Missing Persons Bank with Marston when they found out that there was no way to match Mr. Mason’s DNA to an article of clothing that was found and that Ms. Dixon believes belonged to her son.

During a press conference in Ottawa today, Marston also read a statement from Mr. Mason’s mother.

“I was overwhelmed when Ms. Dixon brought the petitions back to me with over 6600 signatures. The families of missing persons and law enforcement officials need this tool. It’s time for the federal government to deliver.”

I became involved in this important issue when a local family approached my office with their concerns.

In February of 2006 Billy Mason disappeared. His mother Donna Dixon and grandmother Mary Mason have been leading the effort to find him ever since.

There is a patchwork process in place to check DNA to missing persons cases, but it is governed by luck.

A National DNA Bank and Missing Persons Index would enable law enforcement officials to check DNA of items and remains to missing persons cases.

For Billy's family this is crucial. To date the campaign has gathered over 6600 signatures in our community - download the petition and get your friends, family and colleagues to sign on and help in this important initiative.

TIME FOR DNA BANK AND MISSING PERSONS INDEX
Marston joins Mason family in launching a petition to establish National DNA Bank and MPI

Hamilton – Wayne Marston, MP (Hamilton East – Stoney Creek) was joined by the family of Billy Mason who disappeared last February, to launch a petition campaign calling on the Harper Government to establish a National DNA Bank and National Missing Persons Index.

“No one should have to rely on luck to find their loved one, but right now the lack of federal leadership on creating a national DNA bank and a national missing persons leaves an inadequate, patchwork process in place.” Mr. Marston added: “Right now in Canada, if human remains are found there is no simple way to compare that DNA to the DNA of missing persons right across this country. The families and friends of missing persons are asking this Government to make that possible.”

The mother of Billy Mason, a resident of Hamilton East – Stoney Creek who disappeared in February of 2006 spoke about the petition campaign.

“I was shocked when I learnt that there is no way to capture and compare my sons DNA to the items recently found that I believe are his or to others that I don’t even know about that might be helpful.” Said Mrs. Dixon, she added: “This petition is just another step that I am taking to find my son and get governments at all levels to co-operate and give law enforcement officials the tools they need to help families like mine find our loved ones.”

In an Open Letter to the Federal Ministers of Justice and Public Safety, Ministers Nicholson and Day, the Wayne Marston also urged the Harper Government to act now to implement the legislation required to create national systems for cross-referencing human remains to the DNA of missing persons.

“There have been public consultations. There is a Federal-Provincial-Territorial Working Group of Justice Ministers examining this issue. It is time to act and put the legislation in place to create these systems.”

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OPEN LETTER TO MINISTERS

OPEN LETTER TO

The Hon. Stockwell Day, P.C., M.P. he Hon. Rob Nicholson, P.C., M.P.
Minister of Public Safety Minister of Justice and Attorney General
VIA FAX: 613-952-2240 VIA FAX: 613-990-7255

Dear Ministers Day and Nicholson,

I write today to urge you to bring in the legislation necessary to implement national, searchable DNA Human Remains Index and a DNA Missing Persons databank.

As you are no doubt aware, there are thousands of missing persons cases in Canada. At this time there is no established method to cross reference recovered unidentified remains with individuals on the missing persons list.

A patchwork of processes is in place, but without federal leadership on this issue, providing the family and friends of missing persons the comfort of knowing that all unidentified found remains are checked to DNA provided of their missing loved one, identifying missing persons will continue to be a lengthy process where luck plays a much bigger role than it should.

In June, the Government of Canada responded to a Standing Committee report on this issue. A final report from a joint Federal-Provincial-Territorial Working Group is expected in November of this year. Public consultations have taken place.

It is time for action. It is time for the Federal Government to enable and take a leading role in the creation of a National DNA Bank and a National Missing Persons Index.

Yours truly,
(original signed by Wayne Marston)
Wayne Marston, MP
Hamilton East – Stoney Creek
NDP Advocate for Human Rights, Multiculturalism and Sport