Supreme Court


Charter of Rights

MOBILITY RIGHTS
No automatic rights to serve foreign sentence in Canada

Applicant sentenced to 90 months’ imprisonment in United States for trafficking large amounts of cocaine. Application for transfer of his sentence to Canada approved by American authorities but refused by Minister of Public Safety and Emergency Preparedness Provisions of International Transfer of Offenders Act permitting Minister to refuse application for transfer did not infringe applicant’s mobility rights. Applicant appealed dismissal of his application for judicial review from Minister’s decision. Appeal dismissed. Section 6 of Charter does not provide automatic right to serve foreign sentence in Canada.

Divito v. Canada (Minister of Public Safety and Emergency Preparedness) (Sep. 19, 2013, S.C.C., McLachlin C.J.C., LeBel J., Fish J., Abella J., Rothstein J., Cromwell J., Moldaver J., Karakatsanis J., and Wagner J., File No. 34128) 109 W.C.B. (2d) 37.

cover image

DIGITAL EDITION

Subscribers get early and easy access to Law Times.

Law Times Poll


A Law Society of Ontario tribunal has ruled that a lawyer charged with offences related to child pornography should not be subject to an interlocutory suspension. Do you agree with this decision?
RESULTS ❯