Correctional Service Canada
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Annual Report on the International Transfer of Offenders 2008-2009
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Institutional Reintegration Operations 
Offender Programs and Reintegration Branch
2008-2009
TABLE OF CONTENTS
- Introduction
- 1. Transfers from 1978 to 2009
- 2. Applications Processed by the International Transfers Unit
- 3. Decisions Rendered by the Minister
- 4. Transfer Operations
- Conclusion
- ANNEX "A" - Transfers to Canada by Fiscal Year
- ANNEX "B" - Transfers from Canada by Fiscal Year
Introduction
At any given time, there are over 1700 Canadian citizens incarcerated throughout the world. Canadians serving a sentence of imprisonment abroad are faced with serious problems such as isolation, culture shock, language barriers and have no means to address the root of their problems because of the lack of programs available to foreign nationals. To contribute to the administration of justice, the rehabilitation of offenders, and their reintegration into the community, Canada has entered into international transfer agreements with over 80 countries. These agreements, along with Canada's implementing legislation International Transfers of Offenders Act (ITOA) , are the legal basis for effecting international transfers. Without the benefit of transfers, offenders are deported at the end of their sentence to their country of citizenship, often after having spent years in confinement and being totally unprepared for a safe, secure and successful reintegration into society. Transfers provide offenders with the possibility of becoming productive members of the community, by contributing to the administration of justice and the rehabilitation of offender and their reintegration into society as law abiding citizens.
The International Transfers of Offenders Act
The International Transfer of Offenders Act (ITOA) is an Act to implement treaties and administrative arrangements on the international transfer of persons found guilty of criminal offences. The ITOA was enacted in 2004 and replaced the Transfer of Offenders Act (TOA), which had been in force since 1978.
The Minister of Public Safety is responsible for the administration of the Act and is the sole authority for decisions. The Director Institutional Reintegration Operations has the delegated authority from the Minister to administer the Act.
Eligibility for transfer is based on citizenship and dual criminality in the receiving country. Decisions based on criteria enounced in the ITOA and consent from the three (3) parties, i.e. receiving country/of citizenship, sentencing country and the offender, must be obtained prior to effecting a transfer. Special transfers or administrative arrangements can be made mentally disordered persons or with a country where there is no treaty in force.
Purpose of the International Transfers Program
The purpose of this program is to contribute to the administration of justice and the rehabilitation of offenders and their reintegration into the community by enabling them to serve their sentence in their country of citizenship. It also alleviates undue hardships borne by offenders and their families. Once transferred, the offender's sentence is administered in accordance with the laws and the procedures of the country of citizenship. With very few exceptions, if offenders are not transferred, they will ultimately be deported to their country of citizenship, without correctional supervision/jurisdiction and without the benefit of programming.
International Transfers History
The first transfer of offenders took place in 1978 shortly after the implementation of a bilateral treaty between Canada and the United States of America on the transfer of offenders. This first transfer included the return to Canada of twenty nine (29) Canadian citizens and the repatriation of forty (40) American citizens.
The following report on the International Transfer of Offenders provides an overview of the program's activities in the last ten years. The information is pulled from the International Transfers' database. The data is reported by fiscal year (from April 1 to March 31 of the following year).
1. Transfers from 1978 to 2009
The progress made since the launch of the transfer of offenders program in Canada is considerable. Between 1978 and 2009, 1630 offenders were transferred pursuant to an agreement on the International Transfer of Offenders. Of these, 1504 Canadians were transferred to Canada, whereas the remaining 126 consisted of foreign nationals who were repatriated to their country of citizenship.
Transfers to Canada from Foreign Countries
The majority of the 1504 Canadian citizens transferred to Canada were effected from the United States , specifically 79% (1185 offenders). Consequently, Canada and the United States have agreed to four (4) set transfers per year. The second largest number of repatriations is from Mexico with 4.2% (61 offenders), followed by the United Kingdom at 2.4% (36 offenders), Peru 2.2% (33 offenders), and Trinidad and Tobago at 1.5% (22 offenders). The following chart illustrates the number of international transfers to Canada effected since 1978. For detailed information regarding which countries are involved in the international transfers, please refer to Annex A .
Table 1.1: Transfers to Canada
Source: International Transfers Database, April 15, 2009
Transfers from Canada to Foreign Countries
As of March 31, 2009, there were over 900 foreign national offenders under the jurisdiction of CSC. Of those, 294 were eligible for transfer to their country of citizenship.
Table 1.2: Transfers from Canada to Foreign Countries
Of the 126 transfers from Canada to foreign countries since 1978, 85% (107) were American citizens. Transfers to other foreign countries are as follows: Netherlands 6.3% (8), the United Kingdom and France 2.4% (3) and to other countries 4% (5). Annex B details all transfers from Canada to foreign countries from 1978-1979 to 2008-2009.
Source: International Transfers Database, April 15, 2009
2. Applications Processed by the International Transfers Unit
At any given time, there are over 300 applications being processed by the International Transfers Unit. The following chart identifies the total caseload in the given fiscal year. The statistics include the number of new applications received per fiscal year in addition to the number of applications carried over from the previous fiscal year, for which a final decision had not yet been rendered.
Table 2.1: Flow-Through of Applications
| Fiscal Year | Carried over from previous year | New applications received | Caseload for given fiscal year |
|---|---|---|---|
| 2004-2005 | 346 | 263 | 609 |
| 2005-2006 | 350 | 258 | 608 |
| 2006-2007 | 242 | 261 | 503 |
| 2007-2008 | 298 | 262 | 560 |
| 2008-2009 | 306 | 274 | 580 |
Source: International Transfers Database, May 6, 2009
Time between Receipt of Sentencing Documentation and the Minister's Decision
The International Transfers Unit is committed to processing international transfer applications within six (6) to nine (9) months from the date of receipt of the sentencing documentation from the foreign country to obtaining the Minister's decision. With the advent of new countries signing agreements, the complexity of the cases and the increasing number of applications being received, these timeframes may fluctuate greatly.
The following table illustrates the average processing time in months from the time the sentencing documentation is received until a Canadian decision is rendered.
Table 2.2: Processing Timeframes
Source: International Transfers Database, May 6, 2009
Of the 1139 cases for which the sentencing documentation was received between 1998 and 2008, 57.42% (654 cases) were processed before the minimum processing timeframe; 17.12% (195 cases) were completed within the International Transfers Unit's processing guideline of six (6) to (9) months.
In approximately 25.46% of the cases (290 cases), the International Transfers Unit was unable to respect the processing guidelines due to a number of issues such as complexity of the application, incomplete sentencing documentation, etc.
Applications Processed
In the last five years, from 2004-2005 to 2008-2009 , 1318 new applications for transfer were received for analysis and processing. Of those 1318 applications , to date, 22.5% (296) have resulted in a transfer, while 42.2% (556) were denied. The remainder of the applications are still in process or have been closed for a variety of reasons (offender's withdrawal, release from institution, ineligibility).
Table 2.3: Results of Applications processed
| Fiscal Year | Applications Received | Number/Percentage to date that have resulted in Transfers | Number/Percentage to date that have been denied by either Country | ||
|---|---|---|---|---|---|
| # | % | # | % | ||
| 2004-2005 | 263 | 95 | 36.88% | 119 | 45.25% |
| 2005-2006 | 258 | 75 | 29.41% | 129 | 50.59% |
| 2006-2007 | 261 | 64 | 24.71% | 141 | 54.44% |
| 2007-2008 | 262 | 54 | 21.34% | 115 | 45.45% |
| 2008-2009 | 274 | 8 | 3.42% | 52 | 22.22% |
| TOTAL | 1318 | 296 | 556 | ||
Source: International Transfers Database, May 6, 2009
Of the 1318 applications received between April 1, 2004, and March 31, 2009, 556 applications were denied. As demonstrated in table 2.4 below, a small percentage of cases were denied by Canada.
Table 2.4: Denial of Applications – Canada vs Foreign Country
Source: International Transfers Database, May 6, 2009
Denials by the foreign countries were based on a series of factors such as dual citizenship, law enforcement concerns, lack of a removal order (for deportation), unpaid restitution, divergence of parole eligibility.
3. Decisions Rendered by the Minister
In determining whether to consent to the transfer of a Canadian offender, the Minister of Public Safety must take into consideration a number of factors listed in section 10 of the International Transfer of Offenders Act :
10.1( a ) whether the offender's return to Canada would constitute a threat to the security of Canada;
10.1( b ) whether the offender left or remained outside Canada with the intention of abandoning Canada as their place of permanent residence;
10.1( c ) whether the offender has social or family ties in Canada;
10.1( d ) whether the foreign entity or its prison system presents a serious threat to the offender's security or human rights;
10.2(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
10.2(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.
The following table indicates the number of decisions rendered by the Minister during the past 10 fiscal years.
Table 3.1: Decisions rendered by the Minister
| Fiscal Year | Number of Decisions Rendered | Number/Percentage that were approved | Number/Percentage that were denied | ||
|---|---|---|---|---|---|
| # | % | # | % | ||
| 1998-1999 | 79 | 79 | 100% | 0 | 0% |
| 1999-2000 | 90 | 79 | 100% | 0 | 0% |
| 2000-2001 | 101 | 101 | 100% | 0 | 0% |
| 2001-2002 | 105 | 105 | 100% | 0 | 0% |
| 2002-2003 | 106 | 106 | 100% | 0 | 0% |
| 2003-2004 | 100 | 100 | 100% | 0 | 0% |
| 2004-2005 | 202 | 202 | 100% | 0 | 0% |
| 2005-2006 | 110 | 108 | 98% | 2 | 2% |
| 2006-2007 | 85 | 62 | 73% | 23 | 27% |
| 2007-2008 | 143 | 100 | 70% | 43 | 30% |
| 2008-2009 | 107 | 86 | 80% | 21 | 20% |
| TOTAL | 1228 | 1128 | 89 | ||
Source: International Transfers Database, May 8, 2009
Of the decisions rendered between April 1, 1998 and March 31, 2009, 89 denials were handed down by Minister of Public Safety.
Table 3.2: Reasons for denials
Source: International Transfers Database, May 8, 2009
The majority of these denials were based either on section 10.1(a) of the ITOA, "whether the offender's return to Canada would constitute a threat to the security of Canada" and/or section 10.1(b) "whether the offender left or remained outside Canada with the intention of abandoning Canada as their place of permanent residence".
There were no denials based on articles 10.1(d) "whether the foreign entity or its prison system presents a serious threat to the offender's security or human rights" or 10.2(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."
Timeframe between Minister's Decision and the Transfer
Once an offender's request to transfer is approved by the Minister, the International Transfers Unit initiates the coordination of the offender's repatriation, provided his request has also been approved by the foreign country. The following chart illustrates the average time required to effect a transfer from the time the Minister gives his approval. It should be noted that this timeframe is dependant upon receipt of the foreign country's approval, the offender's consent and the time required to organize the transfer. With the advent of new countries signing agreements, these timeframes may fluctuate.
Table 3.3 Timeframe between Minister's Decision and the Transfer
Source: International Transfers Database, May 6, 2009
4. Transfer Operations
Transfer operations can occur in groups or individually. Over the past 10 years (from 1998-1999 to 2008-2009) 260 transfer operations were effected for 882 offenders. The following chart illustrates the number of operations by fiscal year and the number of offenders transferring to and from Canada.
Table 4.1: Number of Transfer Operations to and from Canada
| Fiscal Year | Number of Operations | Total Number of Offenders |
|---|---|---|
| 1998-1999 | 17 | 66 |
| 1999-2000 | 19 | 71 |
| 2000-2001 | 27 | 84 |
| 2001-2002 | 31 | 98 |
| 2002-2003 | 20 | 81 |
| 2003-2004 | 20 | 99 |
| 2004-2005 | 25 | 80 |
| 2005-2006 | 21 | 91 |
| 2006-2007 | 25 | 57 |
| 2007-2008 | 21 | 72 |
| 2008-2009 | 34 | 83 |
| TOTAL | 260 | 882 |
Source: International Transfers Database, May 6, 2009
When applying for a transfer to Canada, offenders are asked to indicate their region of choice. In the last ten fiscal years, 867 offenders were transferred to Canada. Of those, 42.4% were transferred to the Ontario Region, followed by the Pacific Region at 28%; 24.1% to the Quebec region; 4.2% to the Prairies and 1.6% to the Atlantic Region.
The following table demonstrates the breakdown of offenders' region of choice.
Table 4.2: Transfers to Canada by Region
| Fiscal Year | PACIFIC | PRAIRIES | ONTARIO | QUEBEC | ATLANTIC | Total |
|---|---|---|---|---|---|---|
| 1998 - 1999 | 8 | 3 | 36 | 15 | 2 | 64 |
| 1999 - 2000 | 11 | 5 | 33 | 20 | 1 | 70 |
| 2000 - 2001 | 13 | 4 | 44 | 20 | 3 | 84 |
| 2001 - 2002 | 21 | 4 | 49 | 22 | 0 | 96 |
| 2002 - 2003 | 25 | 3 | 25 | 26 | 1 | 80 |
| 2003 - 2004 | 37 | 5 | 38 | 17 | 1 | 98 |
| 2004 - 2005 | 26 | 3 | 29 | 20 | 1 | 79 |
| 2005 - 2006 | 37 | 4 | 25 | 21 | 3 | 90 |
| 2006 - 2007 | 19 | 2 | 21 | 10 | 1 | 53 |
| 2007 - 2008 | 23 | 3 | 23 | 22 | 0 | 71 |
| 2008 - 2009 | 22 | 1 | 42 | 16 | 1 | 82 |
| Total | 242 | 37 | 365 | 209 | 14 | 867 |
Source: International Transfers Database, April 15, 2009
Conclusion
In the 31 years since the first international transfer took place with the United States, there has been a steady increase in the number of agreements in place with foreign countries, thereby increasing the number of applications received for processing and of the number of offenders transferred to and from Canada.
An analysis of the information contained in this report demonstrates that the purpose and the principles of the International Transfer of Offenders Act have been fulfilled, and that the International Transfer of Offenders program is consistent with the mandate of the Correctional Service of Canada (CSC) and it's Mission Statement in that the program contributes to public safety by actively encouraging and assisting offenders to become law-abiding citizens, while exercising reasonable, safe, secure and humane control. It ensures that offenders are gradually returned to society and that they have the opportunity to participate in programming that targets the factors that may have led to their offence.
Furthermore, CSC has set specific priorities for 2008-2009 and beyond, which includes the safe transition of offenders into the community. The International Transfer of Offenders program is a meaningful example of CSC's progress in meeting its objectives.
