COMMISSIONER'S DIRECTIVE

INTERNATIONAL TRANSFERS

Policy Bulletin 202

Annex A - Signatory Countries to Transfer Agreements

Annex B - Documentation Requirements for the Transfer of Foreign Offenders From Canada

POLICY OBJECTIVE

1. To facilitate, through an international transfer program, the repatriation of offenders found guilty of criminal offences.

AUTHORITY

2. International Transfer of Offenders Act (ITOA)

CROSS-REFERENCES

3. CD 710-2 - Transfer of Offenders

Corrections & Conditional Release Act (CCRA)

Criminal Code of Canada (CC), section 745

Relevant conventions and treaties

PRINCIPLES

4. Foreign national offenders within the jurisdiction of the Service are entitled to all the rights, privileges and amenities afforded to all offenders. In addition, they are entitled to contact with their consular representatives and they may have access to the international transfer program.

5. International transfers may be carried out only between Canada and the countries (specified in Annex "A") with which a valid transfer of offenders' agreement exists, except for situations specified in sections 31 and 32 of the International Transfer of Offenders Act.

6. All applications for transfer will be processed individually, without delay and on an ongoing basis.

7. The applicant will be kept informed of the progress of his or her application.

8. It is understood that an offender may withdraw his or her international transfer application, unless otherwise specified in the relevant international transfer agreement.

ROLES AND RESPONSIBILITIES

TRANSFERS FROM CANADA

Operational Units

9. The head of the operational unit will ensure that, as soon as possible upon admission, every offender whose country of citizenship has a valid transfer of offenders agreement with Canada will be informed of the substance of the agreement and of the International Transfer of Offenders Act.

10. The offender initiates the international transfer process by submitting duly completed forms Information and Decision Form for Transfer to Canada Under Terms of the Treaty between Canada and (CSC/SCC 614) and Request for Transfer to Canada under the Terms of the Treaty between Canada and (CSC/SCC 308) to the Minister of Public Safety and Emergency Preparedness Canada, through the operational unit.

11. The head of the operational unit will be responsible for ensuring that:

1. the documentation requirements, as specified in Annex "B" and in any transfer agreements, are met;
2. any pertinent information of a sensitive nature not normally contained in paragraph 11 a. above is included;
3. the duly completed application and supporting documentation, signed by the head of the operational unit, or delegate, are transmitted to the appropriate Regional Headquarters; and
4. an Escorted Temporary Absence for the movement of the offender from the unit to the place where the escorts of the foreign country will take custody of the offender, in conformity with section 9 (b) of the CCRR is authorized.

Regional Headquarters

12. The Regional Transfer Officer or equivalent will:

1. coordinate all applications for transfer including those of offenders under provincial and territorial jurisdictions;
2. ensure the quality and completeness of the application and supporting documentation; and
3. transmit the application package to the International Transfer Unit, National Headquarters, under the signature of the Regional Deputy Commissioner or his or her delegate.

National Headquarters

13. The International Transfers Unit at National Headquarters will:

1. prepare a ministerial submission and present it to the Minister of Public Safety and Emergency Preparedness Canada (Minister) for decision;
2. advise the foreign state of the Minister's decision;
3. where appropriate, transmit the application package and the Minister's approval to the foreign state;
4. advise the applicant, in writing, of the consequences of a transfer from Canada, including the manner in which his or her sentence would be administered in his or her country of citizenship upon receipt of a statement to that effect from the foreign state;
5. request that the applicant, having reviewed the consequences of the transfer, as stated in paragraph 13 d. above, reiterate in writing his or her consent to transfer; and
6. request concurrence to the transfer from the foreign state.

TRANSFERS TO CANADA

National Headquarters

14. Upon receipt of an application for transfer to Canada, the International Transfers unit will ensure that:

1. the quality and completeness of the application and supporting documentation conform to the requirements of the International Transfer of Offenders Act and relevant transfer agreement;
2. the offence for which the offender has been convicted constitutes a criminal offence in Canada, or would constitute a criminal offence if committed in Canada;
3. the sentence is one that can be administered under the laws and procedures of Canada, including the application of any provision for reduction of the term of confinement by parole, statutory release or otherwise;
4. the applicant's criminal history is brought to the attention of interested third parties as required;
5. the applicant's eventual reintegration into Canadian society is assessed by the completion of a community assessment;
6. the applicant's citizenship is verified and confirmed;
7. where applicable, provincial approval is sought; and
8. any other action by operational units deemed necessary be initiated to conform to individual requirements.

Regional Headquarters

15. Regional Headquarters will ensure and coordinate the provision of information from operational units, as required for transmittal to the International Transfers Unit.

16. The Assistant Deputy Commissioner, Operations will ensure that sentence calculations requested for international transfers are provided to the International Transfer Unit within 30 days of reception of the calculation request.

National Headquarters

17. When an application for transfer has been completely processed, the International Transfer Unit will:

1. prepare a ministerial submission and present it to the Minister of Public Safety and Emergency Preparedness Canada for final decision;
2. advise the foreign state of Canada's decision and, where appropriate, of the manner in which the applicant's sentence would be administered in Canada; and
3. inform the applicant of Canada's decision and, where appropriate, of the manner in which his or her sentence would be administered in Canada, with a request that his or her consent to the transfer be reiterated in writing.

HIGH PROFILE OFFENDERS

18. High Profile Offender - Offenders whose offence involved the death of or serious harm to other person(s) and received significant public attention or offenders whose offence was non-violent but generated significant media attention and/or a significant number of victims (e.g., a large scale multi-million dollar fraud).

19. If it is determined that the proposed transfer is likely to generate significant public interest, the International Transfers Unit will ensure that the information is shared with the appropriate persons concerned.

EFFECTING THE TRANSFERS

20. The effecting of the transfers will be determined by the needs of the receiving and sending countries and of the offender(s).

21. The International Transfers Unit, in conjunction with the respective foreign state, will:

1. set the transfer dates;
2. forward to the receiving institution all information available on the offender, including the health care information; and
3. plan and implement the ensuing transfer operations.

22. National Headquarters will coordinate and effect all international transfer operations.

23. If, at the time of his or her transfer from a foreign country, an offender arrives in a region on a temporary basis, awaiting an interregional transfer to their final destination, casework will be negotiated by the respective regions.

PAROLE ELIGIBILITY

24. In accordance with section 26 of the ITOA, an offender is eligible for statutory release after serving two thirds of the period of imprisonment, from the date of transfer, as established by section 22 of the ITOA.

25. Under subsection 24(2) of the ITOA, parole eligibility for a Canadian offender who committed multiple murders abroad is determined by section 745 of the Criminal Code. An offender already convicted of murder and who committed a subsequent murder in a foreign state would be subject to a parole ineligibility period of 25 years for the subsequent murder.

26. In accordance to subsection 24(3) of the ITOA, an offender convicted in a foreign state of second degree murder that was committed before all convictions for murder would be eligible for full parole after having served ten years from the date of conviction for second degree murder.

27. Under subsection 24(4) of the ITOA, the calculation of parole eligibility for offenders transferred to Canada who were convicted abroad of an offence that would have constituted murder in Canada, begins at date of arrest.

28. In accordance with section 27 of the ITOA, if a Canadian offender is eligible for a temporary absence, day parole or full parole under the CCRA or the CC before the date of the transfer, the transfer date is deemed to be the eligibility date.

NATIONAL PAROLE BOARD REVIEW

29. Under section 28 of the ITOA, the National Parole Board (NPB) is not required to review the case of an offender until six months after the offender's transfer to Canada.

Commissioner,

Original signed by
Keith Coulter

ANNEX A

ANNEX B

DOCUMENTATION REQUIREMENTS FOR THE TRANSFER OF FOREIGN OFFENDERS FROM CANADA

BASIC INFORMATION

A transfer application package will be comprised of the information (and specific documents where applicable) as set out below:

1. a completed application for transfer, including forms Information and Decision Form for Transfer to Canada Under Terms of the Treaty between Canada and (CSC/SCC 614) and Request for Transfer to Canada under Terms of the Treaty between Canada and (CSC/SCC 308);
2. personal data: full name (including maiden name), aliases, ethnic origin, appearance (photograph, height, weight, and other identifying features), copy of fingerprints, date and place of birth, address in country of citizenship;
3. family data: name, address and relationship of family members and close relatives in the receiving country;
4. citizenship data: evidence of foreign citizenship (birth certificate, citizenship certificate and the like), passport number if available;
5. case history: family and social background, criminal history (FPS), medical summary (medical and psychiatric needs), institutional adjustment, security requirements, and future correctional needs;
6. offence data: the nature and circumstances of the offence(s), the name of the investigating police agency, a police report where available; in drug related offences, provide details as to the nature, quantity and value;
7. sentence data: detailed sentence computation using "Sentence Administration Data for Offenders Transferred from Canada" (CSC/SCC 353), reasons for sentencing, where available a statement of the facts upon which the sentence was based, the court through which the offender was convicted;
8. a certified true copy of the warrant(s) of committal;
9. confirmation that the judgement is final, in other words, that the appeal period has expired and that no appeal or other proceedings are pending;
10. confirmation that there are no outstanding charges or any other police interest.

ADDITIONAL INFORMATION

In addition to the basic information requirements, a transfer application package will include any information and/or document specifically required by individual countries.

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