DRUG DEALERS SUE STOCKWELL DAY FROM AMERICAN PRISON CELLS

Jailed Canadians Want Transfer Across Border

Two Canadian drug dealers serving sentences in the U.S. are taking
Canada's public safety minister to court, arguing that denying their
transfers to domestic prisons violates a recent ruling that reined in
his propensity to block repatriation.

Vancouver lawyer John Conroy accused Stockwell Day of "contempt of
court" for refusing to transfer Winnie Lam and Steve Czinege from
California prisons.

The two British Columbians are the latest Canadians imprisoned abroad
who have been turned down for serving their sentences in Canada -- a
trend since the Conservatives came to power in 2006.

"Before, most of the time people would be approved here and the
problem was in the U.S., but now the problem is here," said Conroy.

In separate applications filed in the Federal Court, Lam and Czinege
are seeking a reversal of Day's refusal on grounds that they would
"constitute a threat to the security of Canada."

In late August, Federal Court Justice Michael Kelen criticized Day for
using the reason too liberally in denying transfers. But in
mid-September, the minister rejected Lam's and Czinege's applications
for the same reason, even though the United States has already
approved both transfers.

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

Czinege, a Surrey, B.C., trucker, was convicted after he was caught
trying to smuggle more than 112 kilograms of cocaine into Canada in
the fuel tanks of a truck in 2006. According to a news report, the
drugs were hidden in three duffle bags and they had an estimated value
of $1.8 million.

The International Transfer of Offenders Act gives the public safety
minister discretion to reject applicants if they threaten national
security -- an exception that Kelen said should be reserved for
"threats of general terrorism and warfare against Canada or threats to
the security of Canadians en masse."

In his decision, Kelen ordered the minister to reconsider his "wholly
unreasonable" decision to block convicted child molester Arend
Getkate's request to return from a Georgia prison. The government did
not appeal the ruling before the late September deadline.

"When they decided not to appeal, why didn't they say, 'OK, what other
ones are out there, we need to reconsider them?' " asked Conroy, who
was also Getkate's lawyer.

Day's spokesman, John Brent, would not comment on the Lam and Czinege
cases, citing privacy reasons.

"Our government's first priority is protecting the safety and security
of all Canadians," Brent said in an e-mail.