Model Agreement On The Transfer Of Foreign Prisoners

The purpose of this booklet is to provide Canadian citizens detained abroad, their families and interested parties with information on the process and consequences of transfer repatriation, so that an offender can make an informed decision about returning to Canada under the terms of a transfer agreement. In accordance with section 22, paragraph 2 of the agreement, the time spent by a Canadian offender after the execution of the sentence and before his detention is deducted from the length of the sentence set by the reductions, that is, the prison credits granted by the foreign unit. The resulting delay is the time that the offender must serve in Canada. The problem of Canadians arrested and imprisoned abroad is not new. But even with the extension of international criminal law in the 20th century, particularly in the area of bilateral extradition treaties, little effort has been made to resolve the growing problem of detained foreigners. Canadians who travel abroad have had legal problems for decades. It was not until the mid-1970s, with the extension of air traffic to more people and the increase in drug use worldwide, that the situation took a dramatic turn. That is why, at the Fifth United Nations Congress on Crime Prevention and The Treatment of Criminals in September 1975, Canada proposed to establish an international system for the exchange of probation officers from foreign countries. As a result, Canada and the United States have committed to developing a treaty on the transfer of prisoners and legislation that should serve as a model for other countries. Transfer regimes are based on bilateral or multilateral agreements that provide a framework for the transfer of prisoners.

Congress has given the attorney general the authority to manage the transfer program. The Attorney General delegated this power to the Deputy Attorney General (AAG) of the Sentencing Division and the AAG and delegated this power to the Director, Deputy Directors and Deputy Director of the International Prisoner Transfer Unit (IPTU) within the OIA. The ITOA also contains provisions allowing Canada to enter into an administrative agreement with a government or non-governmental agency for the transmission of a person found unfit or not guilty of a mental disorder and that the decision can no longer be appealed.