The Parole Officer will collect the information and documentation required, as specified in Annex B, and forward the approved package, through the Regional Transfer Coordinator, to the International Transfers Unit at National Headquarters.
The International Transfers Unit at National Headquarters will process the application in view of the requirements of the ITOA as well as the relevant transfer agreement; summarize and prepare the applicant’s file for the Minister of Public Safety for decision; and simultaneously share the contents of the file with the applicant to allow him/her to make further submissions.
The Senior Manager of the International Transfers Unit will advise both the foreign state and the offender of the Minister’s decision.
If the Minister of Public Safety approves the transfer, the International Transfers Unit will seek a decision from the foreign state, as well as the manner in which it will administer the offender’s Canadian sentence through an official request signed by the Director, Institutional Reintegration Operations (IRO).
In the event of approvals by Canada and the foreign state, the International Transfers Unit will request that the applicant, having reviewed the consequences of the transfer, reiterate in writing his/her consent to transfer through an official letter signed by the Director, IRO.
When all parties have consented to the transfer, the Senior Manager of the International Transfers Unit will oversee the coordination of the transfer operation with the foreign state.
Upon receipt of an application for transfer to Canada, the analysts of the International Transfers Unit will verify the eligibility of the applicant offender, and ensure that the quality and completeness of the application and supporting documentation meet the requirements of the ITOA and the relevant transfer agreements.
The analysts of the International Transfers Unit will process the application in view of the requirements of section 10 and other relevant sections of the ITOA and relevant transfer agreements.
The Senior Manager of the International Transfers Unit will request and obtain a legal opinion to verify dual criminality pursuant to section 4 of the ITOA; a sentence calculation pursuant to ITOA and CCRA requirements; a Community Assessment; a CSC Security Intelligence verification; a Canadian Security Intelligence Service verification; and a criminal record verification (CPIC).
Other steps may be taken or verifications sought by the International Transfers Unit, or at the request of the Minister in view of the ITOA and/or relevant transfer agreements.
When an application for transfer has been processed, the International Transfers Unit will prepare a submission to be presented to the Minister of Public Safety for final decision. The following steps will then be completed:
submissions will be prepared and signed by the analysts of the International Transfers Unit
submissions will be reviewed and signed by the Senior Manager of the International Transfers Unit
submissions will be reviewed and signed by the Director, IRO, before submission
the International Transfers Unit will share the contents of the file with the applicant to allow him/her to make further submissions
When the Minister has rendered his/her decision, the Director, IRO, will ensure that the International Transfers Unit will:
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
inform the applicant of Canada’s decision and, where appropriate, of the manner in which his/her sentence would be administered in Canada
request that the offender consent in writing to the transfer
If the Minister of Public Safety denies the application, the offender cannot apply again until one year after the date of denial.
Effecting the Transfers
Effecting the transfers will be determined by the needs of the receiving and sending countries and of the offender(s). Refer to CD 710-2 – Transfer of Inmates for details.
The Senior Manager of the International Transfers Unit, in conjunction with the respective foreign state, will:
set the transfer dates
forward to the receiving institution all information available on the offender, including the health care information
plan and implement the transfer
If, at the time of his/her transfer from a foreign country, an offender arrives in a region on a temporary basis while awaiting an interregional transfer to his/her final destination, casework responsibilities will be negotiated by the respective regions.
PAROLE ELIGIBILITY AND STATUTORY RELEASE
The ITOA details the manner in which the various types of release are calculated.
Under section 28 of the ITOA, the Parole Board of Canada is not required to review the case of a Canadian offender until six months after the day of his/her transfer.
HIGH PROFILE OFFENDERS
If the transfer involves a high profile offender, the Senior Manager of the International Transfers Unit will ensure that the information is shared, as required.
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 of Public Safety, enter into an administrative arrangement with the foreign entity, on a case-by-case basis, for the transfer of an offender.
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
family data: name, address and relationship of family members and close relatives in the receiving country
citizenship data: evidence of foreign citizenship (birth certificate, citizenship certificate and the like), passport number if available
case history: family and social background, criminal history (FPS), health summary (including mental health needs), institutional adjustment, security requirements, and future correctional needs
offence data: the nature, gravity 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)
sentence data: detailed sentence computation using Sentence Administration Data for Offenders Transferred from Canada (CSC/SCC 0353), reasons for sentencing, where available a statement of the facts upon which the sentence was based, and the name of the court through which the offender was convicted
a certified copy of the warrant(s) of committal
confirmation that the judgement is final, i.e., that the appeal period has expired and that no appeal or other proceedings are pending
confirmation that there are no outstanding charges or any other police interest
In addition to the basic information requirements, a transfer application package must include any information and/or document specifically required by individual countries.