Commissioner's Directive

 

INTERNATIONAL TRANSFERS

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Policy Bulletin 111

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POLICY OBJECTIVE

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

AUTHORITY

2. Transfer of Offenders Act

CROSS-REFERENCES

3. Commissioner's Directive 540 - Transfer of Offenders;
Standard Operating Practices 700-15 - Transfer of Offenders.

FOREIGN NATIONALS

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.

LIMITATIONS

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.

PROCESSING OF APPLICATIONS

6. All applications for transfer shall be processed individually, without delay and on an ongoing basis by the Service.

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

8. It is understood that an offender may withdraw his or her application to transfer, except as provided otherwise by a foreign country.

TRANSFERS FROM CANADA

9. As soon as possible upon admission, every offender whose country of citizenship has a valid transfer of offenders agreement with Canada shall be informed of the substance of the agreement and of the Transfer of Offenders Act and Regulations.

10. Every transfer shall be initiated by a written application submitted by the offender to the Solicitor General of Canada, through the operational unit.

TRANSFERS FROM CANADA - RESPONSIBILITIES

11. Operational units shall be responsible for ensuring that:

• the documentation requirements, as specified in Annex "B" and in any transfer agreements are met;

• any pertinent information of a sensitive nature not normally contained in a. above is included; and

• the duly completed application and supporting documentation, signed by the head of the operational unit, or delegate, are transmitted to the appropriate Regional Headquarters.

12. It shall be the responsibility of the Transfer Coordinator or the Sentence Administrator of the appropriate Regional Headquarters to:

• coordinate all applications for transfer including those of offenders under provincial and territorial jurisdictions;

• ensure the quality and completeness of the application and supporting documentation; and

• transmit the application package to National Headquarters under the signature of the Regional Deputy Commissioner or his or her delegate.

13. It shall be the responsibility of International Transfers Unit at National Headquarters to:

• prepare a ministerial submission and present it to the Solicitor General for decision;

• advise the foreign state of the Solicitor General's decision;

• where appropriate, transmit the application package and the Solicitor General's approval to the foreign state;

• 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;

• request that the applicant, having reviewed the consequences of the transfer, as stated in d. above, reiterate in writing his or her consent to transfer; and

• request concurrence to the transfer from the foreign state.

TRANSFERS TO CANADA - RESPONSIBILITIES

14. Upon receipt of an application for transfer to Canada, CSC National Headquarters shall ensure that:

• the quality and completeness of the application and supporting documentation conform to the requirements of the Transfer of Offenders Act and relevant transfer agreement;

• 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;

• 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, mandatory supervision or otherwise;

• the applicant's criminal history is brought to the attention of interested third parties as required;

• the applicant's eventual reintegration into Canadian society is assessed by the completion of a community assessment;

• the applicant's citizenship is verified and confirmed;

• where applicable, provincial approval is sought; and

• any other action by operational units deemed necessary be initiated to conform to individual requirements.

15. Regional Headquarters shall ensure and coordinate the provision of information from operational units, as required in 14 e., g. and h., for transmittal to National Headquarters.

16. Once an application for transfer has been completely processed, National Headquarters shall:

• prepare a ministerial submission and present it to the Solicitor General for final decision;

• 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

• advise 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.

TRANSFER OPERATIONS

17. The frequency of transfer operations shall be determined by the needs of the receiving and sending countries and of the offender(s).

18. National Headquarters, in conjunction with the respective foreign state, shall:

• set the transfer dates; and

• plan and implement the ensuing transfer operations.

19. Regional Headquarters Quebec shall coordinate and effect all transfer operations, unless otherwise directed by National Headquarters in individual cases.

Original signed by
Lucie McClung, Commissioner

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Annex A

COUNTRIES ACCEDING TO TRANSFER AGREEMENTS

1) Bilateral Treaties (with Canada)

• Bolivia
• Brazil
• Cuba
• Egypt
• France
• Acceding territories
• Guadeloupe
• St. Pierre & Miquelon
• Mexico
• Morocco
• Peru
• Thailand
• United States
• Acceding states
• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Florida
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington State
• Wisconsin
• Wyoming
• Venezuela

2) Multilateral Conventions

A. Convention on the Transfer of Sentenced Persons (Council of Europe)

• Albania
• Austria
• Bahamas
• Belgium
• Bulgaria
• Canada
• Chile
• Costa Rica
• Croatia
• Cyprus
• Czech Republic
• Denmark
• Estonia
• Finland
• France
• Georgia
• Germany
• Greece
• Hungary
• Iceland
• Ireland
• Israel
• Italy
• Latvia
• Liechtenstein
• Lithuania
• Luxembourg
• Macedonia (former Yugoslav Republic of)
• Malta
• Netherlands
• Acceding territories
• Aruba
• Netherlands Antilles
• Norway
• Acceding territories
• Bouvet Island
• Peter I's Island
• Queen Maud Land
• Panama
• Poland
• Portugal
• Acceding Territory
• Azores
• Romania
• Slovakia
• Slovenia
• Spain
• Sweden
• Switzerland
• Trinidad & Tobago
• Turkey
• Ukraine
• United Kingdom
• Divisions
• England
• Northern Ireland
• Scotland
• Wales


• Acceding Territories
• Anguilla
• British Indian Ocean Territory
• Cayman Islands
• Falkland Islands
• Gibraltar
• Isle of Man
• Montserrat
• Pitcairn, Henderson, Ducie & Oeno Islands
• Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
• St. Helena
• St. Helena Dependencies
• United States
• Acceding states
• same as the bilateral treaty

B. "Scheme for the Transfer of Convicted Offenders within the Commonwealth"

• Canada
• Malawi
• Nigeria
• Sri Lanka
• Trinidad & Tobago
• United Kingdom
• Divisions
• England
• Northern Ireland
• Scotland
• Wales


• Acceding Territories
• Anguilla
• British Indian Ocean Territory
• British Virgin Islands
• Cayman Islands
• Falkland Islands
• Gibraltar
• Grenada
• Montserrat
• Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus
• St. Helena
• St. Helena Dependencies
• Zimbabwe

C. "Inter-American Convention on Serving Criminal Sentences abroad"

• Canada
• Chile
• Costa Rica
• Mexico
• Panama
• Venezuela

 

Annex B

DOCUMENTATION REQUIREMENTS FOR THE TRANSFER OF FOREIGN OFFENDERS FROM CANADA

BASIC INFORMATION

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

1. A duly completed application for transfer, that is, Schedule I, Transfer of Offenders Regulations.
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 psychi-atric needs), institutional adjust-ment, 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, that is, form CSC 353 entitled "Sentence Administration Data for Offenders Transferred from Canada"; 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 nor any other police interest.

ADDITIONAL INFORMATION

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