INTERNATIONAL TRANSFER
OF OFFENDERS

As a sovereign country, and member of the International Community, Canada has long cooperated in judicial and correctional matters. Transfer of Offenders Treaties, enable offenders, with their explicit consent and with the discretionary approval of the sentencing country and of the country of citizenship, to serve their foreign imposed sentence in their country of citizenship.

Canada has been a party to Transfer of Offenders Treaties since 1978. Canadians incarcerated in foreign countries often find themselves facing serious problems coping with local conditions. The most common problems involve culture shock, isolation, language barriers, poor diets, inadequate medical care, disease and inability to contact friends and family. While Canadian Consular personnel (Department of Foreign Affairs and International Trade) provide all assistance possible, their ability to help is often limited. Their role generally consists of ensuring that offenders' rights under local laws are protected, that they are not discriminated against on the basis of citizenship and in acting as contact between the offenders and their family. In extreme cases, they can provide dietary supplements and emergency medical assistance. In some prison systems, the offender's family is even expected to provide food and financial assistance. The purpose of these agreements is humanitarian to enable offenders to serve their sentence in their country of citizenship, to alleviate undue hardships borne by offenders and their families and facilitate their eventual reintegration into society. Once transferred, the offender's sentence is administered in accordance with the laws of the receiving country.

Canada has concluded fourteen bilateral treaties and accedes to three multilateral conventions on the transfer of offenders, totaling over sixty sovereign entities. In the United States, in addition to the federal authorities, all fifty states accede to transfer of offenders treaties. The International Transfers Program is administered by the Service's International Transfers Unit, with the assistance of the Department of Foreign Affairs and International Trade's Consular Services.

1) Bilateral Treaties (with Canada)

2) Multilateral Conventions

1. Convention on the Transfer of Sentenced Persons (Council of Europe)
2. Scheme for the Transfer of Convicted Offenders within the Commonwealth
3. Inter-American Convention on Serving Criminal Sentences abroad

3) Application Forms for Canadian Citizens

1. Request for transfer to Canada (CSC/SCC 308) (PDF)
2. Information form in support of a request for transfer to Canada (CSC/SCC 614) (PDF)

4) Application Form for Foreign Nationals

1. Application for an international transfer to a foreign state (CSC/SCC 309)

5) Legislation Governing International Transfers

1. International Transfer of Offenders Act
2. Commissioner's Directive 704 - International Transfers

Telephone: (613) 947-9708
Facsimile:   (613) 952-7676