Transfer of Detained Persons
Marginal note:Approval of transfer request
24. (1) When the Minister approves a request of a state or entity to have a detained person who is serving a term of imprisonment in Canada transferred to the state or entity, the Minister shall provide a competent authority with any documents or information necessary to apply for a transfer order.
Marginal note:Application for transfer order
(2) The competent authority who is provided with the documents or information shall apply for a transfer order to a judge of the province in which the person is detained.
Marginal note:Contents of application
(3) An application made under subsection (2) must
(a) state the name of the detained person;
(b) state the place of confinement of the detained person;
(c) designate a person or class of persons into whose custody the detained person is sought to be delivered;
(d) state the place to which the detained person is sought to be transferred;
(e) state the reasons why the detained person is sought to be transferred; and
(f) specify a period of time at or before the expiration of which the detained person is to be returned.
- R.S., 1985, c. 30 (4th Supp.), s. 24;
- 1999, c. 18, s. 115.
Marginal note:Making of transfer order
25. (1) If the judge to whom an application is made under subsection 24(2) is satisfied, having considered, among other things, any documents filed or information given in support of the application, that the detained person consents to the transfer and that the state or entity has requested the transfer for a fixed period, the judge may make a transfer order.
Marginal note:Warrant to bring detained person
(2) A judge to whom an application is made under subsection 24(2) may order that the detained person be brought before him so that that person may be examined with respect to the transfer.
Marginal note:Terms of transfer order
(3) A transfer order made under subsection (1) must
(a) set out the name of the detained person and his place of confinement;
(b) order the person who has custody of the detained person to deliver him into the custody of a person who is designated in the order or who is a member of a class of persons so designated;
(c) order the person receiving the detained person into custody under paragraph (b) to take him or her to the state or entity and, on the return of the detained person to Canada, to return that person to the place of confinement where he or she was when the order was made;
(d) state the reasons for the transfer; and
(e) fix the period of time at or before the expiration of which the detained person must be returned.
Marginal note:Terms and conditions
(4) A transfer order made under subsection (1) may include any terms or conditions that the judge making it considers desirable, including those relating to the protection of the interests of the detained person.
- R.S., 1985, c. 30 (4th Supp.), s. 25;
- 1999, c. 18, s. 116.
- Date modified: