Commissioner's Directive

Policy Bulletin 254

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Annex A - Documentation Requirements for the Transfer of Foreign Offenders From Canada

Signatory Countries to Transfer Agreements - See International Transfers Website

 

POLICY OBJECTIVE

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

AUTHORITY

2. International Transfer of Offenders Act (ITOA)

CROSS-REFERENCES

3. CD 710-2 - Transfer of Offenders
CD 715-4 - Community Assessments
Corrections and Conditional Release Act (CCRA)
Criminal Code of Canada (CCC), section 745
Relevant conventions and treaties

PRINCIPLES

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, 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 RESPONSIBILITIES

9. 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 Canada

Operational Units

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:

1. the documentation requirements, as specified in Annex A and in any transfer agreements, are met;
2. any pertinent information of a sensitive nature not normally contained in paragraph 12 a above is included;
3. the duly completed application and supporting documentation, signed by the head of the operational unit, or delegate, are transmitted to the appropriate Regional Headquarters; and
4. an Escorted Temporary Absence for the movement of the offender from the unit to the place where the escorts of the foreign country will take custody of the offender, in conformity with paragraph 9(b) of the CCRR is authorized.

Regional Headquarters

13. The Regional Transfer Officer or equivalent will:

1. coordinate all applications for transfer including those of offenders under provincial and territorial jurisdictions;
2. ensure the quality and completeness of the application and supporting documentation; and
3. transmit the application package to the International Transfers Unit, National Headquarters, under the signature of the Regional Deputy Commissioner or his or her delegate.

National Headquarters

14. The International Transfers Unit at National Headquarters will:

1. prepare a ministerial submission and present it to the Minister of Public Safety Canada (Minister) for decision;
2. advise the foreign state of the Minister's decision;
3. transmit the application package and the Minister's approval to the foreign state;
4. where applicable, 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;
5. request that the applicant, having reviewed the consequences of the transfer, as stated in paragraph 14 d above, reiterate in writing his or her consent to transfer; and
6. request concurrence to the transfer from the foreign state.

Transfers to Canada

15. 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:

1. the quality and completeness of the application and supporting documentation conform to the requirements of the ITOA and relevant transfer agreement;
2. 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;
3. 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, statutory release or otherwise;
4. the applicant's criminal history is brought to the attention of interested third parties as required;
5. the applicant's eventual reintegration into Canadian society is assessed by the completion of a community assessment;
6. the applicant's citizenship is verified and confirmed;
7. where applicable, provincial approval is sought;
8. any other action by operational units deemed necessary be initiated to conform to individual requirements;
9. where applicable, the criminal record and any outstanding convictions is confirmed; and
10. where applicable, the existence of any ties between the offender and a criminal organization is verified.

17. When an application for transfer has been completely processed, the International Transfers Unit will prepare a ministerial submission and present it to the Minister of Public Safety Canada for final decision.

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.

MINISTERIAL DECISION

20. When a ministerial decision has been rendered, the International Transfers Unit will:

1. 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
2. inform 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.

21. In the event of a denial by the Minister of Public Safety, the offender will be prohibited from re-applying until one year after the date of the denial.

EFFECTING THE TRANSFERS

22. 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:

1. set the transfer dates;
2. forward to the receiving institution all information available on the offender, including the health care information; and
3. plan and implement the ensuing transfer operations.

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 his or her final destination, casework will be negotiated by the respective regions.

PAROLE ELIGIBILITY AND STATUTORY RELEASE

25. The ITOA provides for the manner in which the various types of release are calculated.

NATIONAL PAROLE BOARD REVIEW

26. 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".

HIGH PROFILE OFFENDERS

27. 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).

28. 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.

ADMINISTRATIVE ARRANGEMENTS

Offenders - no treaty in force

29. 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.

Mentally disordered persons or not criminally responsible on account of mental disorder

30. 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:
Keith Coulter

 

ANNEX A -
DOCUMENTATION REQUIREMENTS FOR THE TRANSFER OF FOREIGN OFFENDERS FROM CANADA

BASIC INFORMATION

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

1. a completed application for transfer, including the Application for an International Transfer to a Foreign State (CSC/SCC 0309);
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 psychiatric needs), institutional adjustment, 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 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, 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 or any other police interest.

ADDITIONAL INFORMATION

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