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COMMISSIONER'S DIRECTIVE
INTERNATIONAL TRANSFERS
[
Policy Objective | Authority | Cross-References | Principles | Roles and responsibilities | Transfers from Canada
| Transfers to Canada | High Profile Offenders | Effecting the Transfers | Parole Eligibility and Statutory Release | National Parole Board Review | Administrative Arrangements ]
Annex A - Documentation Requirements for the Transfer of Foreign Offenders From Canada Annex B - Signatory Countries to Transfer Agreements
POLICY OBJECTIVE1. To facilitate, through an international transfer program, the repatriation of offenders found guilty of criminal offences. AUTHORITY2. International Transfer of Offenders Act (ITOA) CROSS-REFERENCES
3. CD 710-2 - Transfer of Offenders PRINCIPLES4. Foreign national offenders within the jurisdiction of the Service are entitled to all the rights, privileges and amenities afforded to all offenders. In addition, pursuant to the Vienna Convention on Consular Relations, 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 (listed on the International Transfers website) with which a valid transfer of offenders' agreement exists, except for situations specified in sections 31 and 32 of the ITOA. 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 RESPONSIBILITIES9. The Minister of Public Safety Canada has designated the Director of Institutional Reintegration Operations, a staff member within the meaning of subsection 2(1) of the Corrections and Conditional Release Act, to act on his or her behalf under section 8, 12, 15, 24, 30 or 37 of the ITOA. Transfers from CanadaOperational Units 10. 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 ITOA. 11. The offender initiates the international transfer process by submitting duly completed Application for an International Transfer to a Foreign State (CSC/SCC 0309) to the Minister of Public Safety Canada, through the operational unit. 12. The head of the operational unit will be responsible for ensuring that:
Regional Headquarters 13. The Regional Transfer Officer or equivalent will:
National Headquarters 14. The International Transfers Unit at National Headquarters will:
Transfers to Canada15. The offender initiates the international transfer process by submitting duly completed Request for Transfer to Canada (CSC/SCC 0308) and Information Form in Support of a Request for Transfer to Canada (CSC/SCC 0614) to the Minister of Public Safety Canada, through the operational unit. National Headquarters 16. Upon receipt of an application for transfer to Canada, the International Transfers Unit will ensure that:
17. When an application for transfer has been completely processed, the International Transfers Unit will:
Regional Headquarters 18. Regional Headquarters will ensure and coordinate the provision of information from operational units, as required for transmittal to the International Transfers Unit. 19. The Assistant Deputy Commissioner, Operations will ensure that sentence calculations and the Community Assessment requested for international transfers are provided to the International Transfers Unit within 30 days of reception of the requests. HIGH PROFILE OFFENDERS20. High profile offenders are 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). 21. 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 TRANSFERS22. The effecting of the transfers will be determined by the needs of the receiving and sending countries and of the offender(s). 23. The International Transfers Unit, in conjunction with the respective foreign state, will:
24. 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 AND STATUTORY RELEASE25. The ITOA provides for the manner in which the various types of release are calculated. NATIONAL PAROLE BOARD REVIEW26. Under section 28 of the ITOA, "the National Parole Board is not required to review the case of a Canadian offender until six months after the day of their transfer." ADMINISTRATIVE ARRANGEMENTS27. Where there is no treaty 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, including the case of a young person as defined under section 141 of the Youth Criminal Justice Act, on a case-by-case basis, in accordance with the ITOA. 28. If the relevant provincial authority consents to the transfer, the Minister of Foreign Affairs may, with the consent of the Minister, enter into an administrative arrangement with a foreign entity for the transfer, in accordance with the ITOA, of a person in respect of whom a verdict of unfit to stand trial or not criminally responsible on account of mental disorder was rendered and may no longer be appealed. Commissioner, Original signed by :
Annex A -
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Last Updated:
2007.11.13
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