PURPOSE AND PRINCIPLES
3. The purpose of this Act is to contribute to the administration of justice and the rehabilitation of offenders and their reintegration into the community by enabling offenders to serve their sentences in the country of which they are citizens or nationals.
Marginal note:Dual criminality
4. (1) Subject to subsection (3), a transfer is not available unless the Canadian offender's conduct would have constituted a criminal offence if it had occurred in Canada at the time the Minister receives the request for a transfer.
Marginal note:Conduct determinative
(2) For greater certainty, it is not relevant whether the conduct referred to in subsection (1) is named, defined or characterized by the foreign entity in the same way as it is in Canada.
Marginal note:Exception — children
(3) A transfer is available to a Canadian offender who, at the time the offence was committed, was a child within the meaning of the Youth Criminal Justice Act even if their conduct would not have constituted a criminal offence if it had occurred in Canada at that time. That offender may not be detained in Canada.
Marginal note:Effect of transfer
5. (1) A transfer may not have the effect of increasing a sentence imposed by a foreign entity or of invalidating a guilty verdict rendered, or a sentence imposed, by a foreign entity. The verdict and the sentence, if any, are not subject to any appeal or other form of review in Canada.
(2) A document supplied by a foreign entity that sets out a finding of guilt and a sentence, if any, and purports to be signed by a judicial official or a director of a place of confinement in the foreign entity is proof of the facts alleged, in the absence of evidence to the contrary and without proof of the signature or official character of the person appearing to have signed it.
Marginal note:Administration of Act
6. (1) The Minister is responsible for the administration of this Act.
Marginal note:Designation by Minister
(2) The Minister may, in writing, designate, by name or position, a staff member within the meaning of subsection 2(1) of the Corrections and Conditional Release Act to act on the Minister's behalf under section 8, 12, 15, 24, 30 or 37.
Marginal note:Request for transfer
7. A person may not be transferred under a treaty, or an administrative arrangement entered into under section 31 or 32, unless a request is made, in writing, to the Minister.
Marginal note:Consent of three parties
8. (1) The consent of the three parties to a transfer — the offender, the foreign entity and Canada — is required.
Marginal note:Withdrawal of consent
(2) A foreign offender — and, subject to the laws of the foreign entity, a Canadian offender — may withdraw their consent at any time before the transfer takes place.
Marginal note:Information about treaties
(3) The Minister or the relevant provincial authority, as the case may be, shall inform a foreign offender, and the Minister shall take all reasonable steps to inform a Canadian offender, of the substance of any treaty — or administrative arrangement entered into under section 31 or 32 — that applies to them.
Marginal note:Information about sentence
(4) The Minister shall, in writing, inform a Canadian offender as to how their foreign sentence is to be served in Canada and shall deliver to a foreign offender the information provided to the Minister by the foreign entity as to how their Canadian sentence is to be served.
Marginal note:Person authorized to consent
(5) In respect of the following persons, consent is given by whoever is authorized to consent in accordance with the laws of the province where the person is detained, is released on conditions or is to be transferred:
(a) a child or young person within the meaning of the Youth Criminal Justice Act;
(b) a person who is not able to consent and in respect of whom a verdict of not criminally responsible on account of mental disorder or of unfit to stand trial has been rendered; and
(c) an offender who is not able to consent.
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