Supreme Court

Charter of 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.

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