GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
International Transfer of Offenders Act — I-20.6
prison means a place of confinement other than a penitentiary. ( prison )
International Transfer of Offenders Act — I-20.6
treaty includes an international agreement or convention, but does not include an administrative arrangement entered into under section 31 or 32. ( traité )
International Transfer of Offenders Act — I-20.6 3
Purpose 3 The purpose of this Act is to enhance public safety and to contribute to the administration of justice and the rehabilitation of offenders and their reintegration into the community by enabling offenders to serve their sentences in the country of which they are citizens or nationals. 2004, c. 21, s. 3; 2012, c. 1, s. 135
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Dual criminality 4 (1) Subject to subsection (3), a transfer is not available unless the Canadian offender’s conduct would have constituted a criminal offence if it had occurred in Canada at the time the Minister receives the request for a transfer. Conduct determinative (2) For greater certainty, it is not relevant whether the conduct referred to in subsection (1) is named, defined or characterized by the foreign entity in the same way as it is in Canada. Exception — children (3) A transfer is available to a Canadian offender who, at the time the offence was committed, was a child within the meaning of the Youth Criminal Justice Act even if their conduct would not have constituted a criminal offence if it had occurred in Canada at that time. That offender may not be detained in Canada.
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Effect of transfer 5 (1) A transfer may not have the effect of increasing a sentence imposed by a foreign entity or of invalidating a guilty verdict rendered, or a sentence imposed, by a foreign entity. The verdict and the sentence, if any, are not subject to any appeal or other form of review in Canada. Evidence (2) A document supplied by a foreign entity that sets out a finding of guilt and a sentence, if any, and purports to be signed by a judicial official or a director of a place of confinement in the foreign entity is proof of the facts alleged, in the absence of evidence to the contrary and without proof of the signature or official character of the person appearing to have signed it.
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Administration of Act 6 (1) The Minister is responsible for the administration of this Act. Designation by Minister (2) The Minister may, in writing, designate, by name or position, a staff member within the meaning of subsection 2(1) of the Corrections and Conditional Release Act to act on the Minister’s behalf under section 8, 12, 15, 24, 30 or 37.
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Request for transfer 7 A person may not be transferred under a treaty, or an administrative arrangement entered into under section 31 or 32, unless a request is made, in writing, to the Minister.
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Consent of three parties 8 (1) The consent of the three parties to a transfer — the offender, the foreign entity and Canada — is required. Withdrawal of consent (2) A foreign offender — and, subject to the laws of the foreign entity, a Canadian offender — may withdraw their consent at any time before the transfer takes place. Information about treaties (3) The Minister or the relevant provincial authority, as the case may be, shall inform a foreign offender, and the Minister shall take all reasonable steps to inform a Canadian offender, of the substance of any treaty — or administrative arrangement entered into under section 31 or 32 — that applies to them. Information about sentence and other obligations (4) The Minister (a) shall inform a Canadian offender, in writing, as to how their foreign sentence is to be served in Canada and, in the case of an offender who is required to comply with the Sex Offender Information Registration Act , (i) inform them, in writing, of that obligation and of sections 4 to 7.1 of that Act and sections 490.031 and 490.0311 of the Criminal Code , and (ii) on the day of the transfer at the earliest, deliver a copy of Form 1 of the schedule to (A) the offender, (B) the Attorney General of the province, or the minister of justice of the territory, in which the person is to be detained in custody, and (C) the person in charge of the place in which the person is to be detained in custody; and (b) shall deliver to a foreign offender the information with which the Minister was provided by the foreign entity as to how their Canadian sentence is to be served. Person authorized to consent (5) In respect of the following persons, consent is given by whoever is authorized to consent in accordance with the laws of the province where the person is detained, is released on conditions or is to be transferred: (a) a child or young person within the meaning of the Youth Criminal Justice Act ; (b) a person who is not able to consent and in respect of whom a verdict of not criminally responsible on account of mental disorder or of unfit to stand trial has been rendered; and (c) an offender who is not able to consent. 2004, c. 21, s. 8; 2010, c. 17, s. 61
International Transfer of Offenders Act — I-20.6 9
Provincial authority 9 (1) If a foreign offender is — or a Canadian offender would, after their transfer, be — under the authority of a province or if a Canadian offender is a child within the meaning of the Youth Criminal Justice Act , the consent of the Minister and the relevant provincial authority is required. Purpose and principles (2) In determining whether to consent to a transfer, the provincial authority shall take into account the purpose and principles of this Act.
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Factors — Canadian offenders 10 (1) In determining whether to consent to the transfer of a Canadian offender, the Minister may consider the following factors: (a) whether, in the Minister’s opinion, the offender’s return to Canada will constitute a threat to the security of Canada; (b) whether, in the Minister’s opinion, the offender’s return to Canada will endanger public safety, including (i) the safety of any person in Canada who is a victim, as defined in subsection 2(1) of the Corrections and Conditional Release Act , of an offence committed by the offender, (ii) the safety of any member of the offender’s family, in the case of an offender who has been convicted of an offence against a family member, or (iii) the safety of any child, in the case of an offender who has been convicted of a sexual offence involving a child; (c) whether, in the Minister’s opinion, the offender is likely to continue to engage in criminal activity after the transfer; (d) whether, in the Minister’s opinion, the offender left or remained outside Canada with the intention of abandoning Canada as their place of permanent residence; (e) whether, in the Minister’s opinion, the foreign entity or its prison system presents a serious threat to the offender’s security or human rights; (f) whether the offender has social or family ties in Canada; (g) the offender’s health; (h) whether the offender has refused to participate in a rehabilitation or reintegration program; (i) whether the offender has accepted responsibility for the offence for which they have been convicted, including by acknowledging the harm done to victims and to the community; (j) the manner in which the offender will be supervised, after the transfer, while they are serving their sentence; (k) whether the offender has cooperated, or has undertaken to cooperate, with a law enforcement agency; or (l) any other factor that the Minister considers relevant. Factors — Canadian and foreign offenders (2) In determining whether to consent to the transfer of a Canadian or foreign offender, the Minister may consider the following factors: (a) whether, in the Minister’s opinion, the offender will, after the transfer, commit a terrorism offence or criminal organization offence within the meaning of section 2 of the Criminal Code ; and (b) whether the offender was previously transferred under this Act or the Transfer of Offenders Act , chapter T-15 of the Revised Statutes of Canada, 1985. Additional factor — Canadian young persons (3) In determining whether to consent to the transfer of a Canadian offender who is a young person within the meaning of the Youth Criminal Justice Act , the Minister and the relevant provincial authority shall consider the best interests of the young person. Primary consideration — Canadian children (4) In determining whether to consent to the transfer of a Canadian offender who is a child within the meaning of the Youth Criminal Justice Act , the primary consideration of the Minister and the relevant provincial authority is to be the best interests of the child. 2004, c. 21, s. 10; 2012, c. 1, s. 136
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Writing 11 (1) A consent, a refusal of consent or a withdrawal of consent is to be given in writing. Reasons (2) If the Minister does not consent to a transfer, the Minister shall give reasons.
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Consent voluntary 12 The Minister shall take all reasonable steps to determine whether an offender’s consent has been given voluntarily.
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Continued enforcement 13 The enforcement of a Canadian offender’s sentence is to be continued in accordance with the laws of Canada as if the offender had been convicted and their sentence imposed by a court in Canada.
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Adaptation 14 Subject to subsection 17(1) and section 18, if, at the time the Minister receives a request for the transfer of a Canadian offender, the sentence imposed by the foreign entity is longer than the maximum sentence provided for in Canadian law for the equivalent offence, the Canadian offender is to serve only the shorter sentence.
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Equivalent offence 15 For the purposes of the application of any Act of Parliament to a Canadian offender, the Minister shall identify the criminal offence that, at the time the Minister receives their request for a transfer, is equivalent to the offence of which the Canadian offender was convicted.
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Deemed probation order 16 A foreign sentence that consists of a period of supervision, other than by reason of conditional release — or a period of supervision that is, other than by reason of a conditional release, an element of a foreign sentence of imprisonment of less than two years — is deemed to be a probation order under section 731 of the Criminal Code , to a maximum of three years, or under paragraph 42(2)(k) of the Youth Criminal Justice Act , to a maximum of two years.
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Transfer of young person — 12 or 13 years old 17 (1) Subject to subsection (2), and if the following conditions are met, the maximum sentence to be enforced in Canada is the maximum youth sentence that could have been imposed under the Youth Criminal Justice Act : (a) the Canadian offender was, at the time the offence was committed, 12 or 13 years old; and (b) their sentence is longer than the maximum youth sentence that could have been imposed under that Act for an equivalent offence. Sentence for young person convicted of murder — 12 or 13 years old (2) A Canadian offender who was 12 or 13 years old at the time the offence was committed and whose conduct, if it had occurred in Canada, would have constituted first or second degree murder within the meaning of section 231 of the Criminal Code is required to serve (a) the sentence imposed by the foreign entity — if less than ten years, in the case of first degree murder, or less than seven years, in the case of second degree murder — consisting, in the same proportion as in paragraph 42(2)(q) of the Youth Criminal Justice Act , of a committal to custody and a placement under conditional supervision to be served in the community; or (b) the maximum sentence that could be imposed under paragraph 42(2)(q) of that Act if the sentence imposed by the foreign entity was ten years or more in the case of first degree murder or seven years or more in the case of second degree murder.
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Transfer of young person — 14 to 17 years old 18 A Canadian offender is deemed to be serving an adult sentence within the meaning of the Youth Criminal Justice Act if (a) the Canadian offender was, at the time the offence was committed, from 14 to 17 years old; and (b) their sentence is longer than the maximum youth sentence that could have been imposed under that Act for an equivalent offence.
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Parole eligibility for young person convicted of murder — 14 to 17 years old 19 (1) A Canadian offender who was from 14 to 17 years old at the time the offence was committed, and who was sentenced to imprisonment for life for conduct that, if it had occurred in Canada, would have constituted first or second degree murder within the meaning of section 231 of the Criminal Code , is deemed to be serving an adult sentence within the meaning of the Youth Criminal Justice Act . They are eligible for full parole on the day on which they have served the shorter of (a) the period of ineligibility imposed by the foreign entity, and (b) either (i) five years, if they were 14 or 15 years old at the time the offence was committed, or (ii) ten years, in the case of first degree murder, or seven years, in the case of second degree murder, if they were 16 or 17 years old at the time the offence was committed. Deemed to have received adult sentence (2) A Canadian offender who was from 14 to 17 years old at the time the offence was committed and who received a sentence for a determinate period of more than ten years for conduct that, if it had occurred in Canada, would have constituted first degree murder within the meaning of section 231 of the Criminal Code — or of more than seven years for conduct that, if it had occurred in Canada, would have constituted second degree murder within the meaning of that section — is deemed to have received an adult sentence within the meaning of the Youth Criminal Justice Act . Deemed to have received youth sentence (3) A Canadian offender who was from 14 to 17 years old at the time the offence was committed and who received a sentence for a determinate period of ten years or less for conduct that, if it had occurred in Canada, would have constituted first degree murder within the meaning of section 231 of the Criminal Code — or of seven years or less for conduct that, if it had occurred in Canada, would have constituted second degree murder within the meaning of that section — is deemed to have received a youth sentence within the meaning of the Youth Criminal Justice Act .
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Placement 20 A Canadian offender who was from 12 to 17 years old at the time the offence was committed is to be detained (a) if the sentence imposed in the foreign entity could, if the offence had been committed in Canada, have been a youth sentence within the meaning of the Youth Criminal Justice Act , (i) in the case of an offender who was less than 20 years old at the time of their transfer, in a youth custody facility within the meaning of that Act, and (ii) in the case of an offender who was at least 20 years old at the time of their transfer, in a provincial correctional facility for adults; and (b) if the sentence imposed in the foreign entity could, if the offence had been committed in Canada, have been an adult sentence within the meaning of that Act, (i) in the case of an offender who was less than 18 years old at the time of their transfer, in a youth custody facility within the meaning of that Act, (ii) in the case of an offender who was at least 18 years old at the time of their transfer, in a provincial correctional facility for adults if their sentence is less than two years, and (iii) in the case of an offender who was at least 18 years old at the time of their transfer, in a penitentiary if their sentence is at least two years.
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Where committed 21 Subject to section 20, a Canadian offender who was detained in a foreign entity is to be detained in Canada in (a) a prison if they were sentenced to imprisonment for less than two years; or (b) a penitentiary if they were sentenced to imprisonment for two years or more.
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Credit towards completion of sentence 22 (1) The length of a Canadian offender’s sentence equals the length of the sentence imposed by the foreign entity minus any time that was, before their transfer, recognized by the foreign entity as a reduction, other than time spent in confinement after the sentence was imposed. Credit for time spent in confinement (2) The time that a Canadian offender spent in confinement, after the sentence was imposed and before their transfer, is subtracted from the length of the sentence determined in accordance with subsection (1). The resulting period constitutes the period that the offender is to serve on the sentence.
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Eligibility for parole — general 23 Subject to sections 19 and 24, a Canadian offender who is transferred to Canada is eligible for full parole on the day on which they have served, commencing on the day on which they commenced serving their sentence, the lesser of seven years and one third of the length of the sentence as determined under subsection 22(1).
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Eligibility for parole — murder 24 (1) Subject to subsections 17(2) and 19(1), if a Canadian offender was sentenced to imprisonment for life for an offence that, if it had been committed in Canada, would have constituted murder within the meaning of the Criminal Code , their full parole ineligibility period is 10 years. If, in the Minister’s opinion, the documents supplied by the foreign entity show that the circumstances in which the offence was committed were such that, if it had been committed in Canada after July 26, 1976, it would have been first degree murder within the meaning of section 231 of that Act, the full parole ineligibility period is (a) 15 years, if the offence was committed before the day on which paragraph 745.6(1)(a.1) of the Criminal Code comes into force; or (b) 25 years, if the offence was committed on or after that day. Multiple murders (2) Subject to subsection (3), if a Canadian offender who was subject to a sentence of imprisonment for life for a conviction for murder, or an offence that, if it had been committed in Canada, would have constituted murder, within the meaning of the Criminal Code , received an additional sentence of imprisonment for life — imposed by the foreign entity for a conviction for an offence that, if it had been committed in Canada, would have constituted murder within the meaning of that Act — the full parole ineligibility period in respect of the additional sentence is established under section 745 of that Act. Exception — second degree murder (3) If the additional sentence referred to in subsection (2) is in respect of a conviction for an offence that, if it had been committed in Canada, would have constituted second degree murder within the meaning of section 231 of the Criminal Code — and if the offence was committed before all of the Canadian offender’s convictions for murder, or for offences that, if they had been committed in Canada, would have constituted murder, within the meaning of that Act — the full parole ineligibility period in respect of the additional sentence is 10 years. Credit for time spent in custody (4) In calculating the period of imprisonment for the purpose of this section, the time served by an offender includes any time spent in custody between the day on which they were arrested and taken into custody for the offence for which they were sentenced and the day on which the sentence was imposed. 2004, c. 21, s. 24; 2011, c. 2, s. 6
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Temporary absence and day parole — persons convicted of murder 25 Subject to section 746.1 of the Criminal Code , (a) a Canadian offender who is transferred to Canada — and was sentenced to imprisonment for life for an offence that, if it had been committed in Canada, would have constituted murder within the meaning of that Act — is eligible for day parole in accordance with the Corrections and Conditional Release Act and for an absence without escort in accordance with the Corrections and Conditional Release Act or the Prisons and Reformatories Act ; and (b) their absence with escort may be authorized in accordance with the Corrections and Conditional Release Act or the Prisons and Reformatories Act .
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Statutory release — penitentiary 26 (1) If a Canadian offender is detained in a penitentiary, they are entitled to be released on statutory release on the day on which they have served, commencing on the day of their transfer, two thirds of the period determined in accordance with subsection 22(2). Release — prison (2) If a Canadian offender is detained in a prison, they are entitled to be released on the day on which they have served, commencing on the day of their transfer, the period determined in accordance with subsection 22(2) less the amount of any remission earned under the Prisons and Reformatories Act on that period.
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If eligible for parole, etc., before transfer 27 If, under the Corrections and Conditional Release Act or the Criminal Code , the day on which a Canadian offender is eligible for a temporary absence, day parole or full parole is before the day of their transfer, the day of their transfer is deemed to be their day of eligibility.
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Review by Board 28 Despite sections 122 and 123 of the Corrections and Conditional Release Act , the Parole Board of Canada is not required to review the case of a Canadian offender until six months after the day of their transfer. 2004, c. 21, s. 28; 2012, c. 1, s. 160
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Application 29 (1) Subject to this Act, a Canadian offender who is transferred to Canada is subject to the Corrections and Conditional Release Act , the Prisons and Reformatories Act and the Youth Criminal Justice Act as if they had been convicted and their sentence imposed by a court in Canada. Canadian sentence (2) If, before the transfer, a Canadian offender is subject to a Canadian sentence of imprisonment, they are (a) eligible for full parole on the later of (i) the day established in accordance with section 19, 23 or 24, as the case may be, and (ii) the full parole eligibility date established under the Corrections and Conditional Release Act ; and (b) entitled to statutory release on the later of (i) the day established in accordance with section 26, and (ii) the statutory release date established under that Act.
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Canadian offender 30 (1) A Canadian offender shall benefit from any compassionate measures — including a cancellation of their conviction or shortening of their sentence — taken by a foreign entity after the transfer. Foreign offender (2) The Minister shall take all reasonable steps to inform the foreign entity and the foreign offender of any compassionate measures taken by Canada after the transfer.
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Administrative arrangements — offenders 31 If no treaty is in force between Canada and a foreign entity on the transfer of offenders, the Minister of Foreign Affairs may, with the consent of the Minister, enter into an administrative arrangement with the foreign entity for the transfer of an offender in accordance with this Act.