Bill C-316
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
2nd Session, 36th Parliament, 48 Elizabeth II, 1999
|
|
|
|
The House of Commons of Canada
|
|
|
|
BILL C-316 |
|
|
|
An Act to amend the Transfer of Offenders
Act (removal of foreign offenders)
|
|
| R.S., c. T-15;
R.S., cc. 27,
31 (1st
Supp.); 1992,
c. 20; 1993, c.
34; 1995, cc.
22, 42
|
|
|
|
|
1. The Transfer of Offenders Act is
amended by adding the following after
section 20:
|
|
| Application to
transfer
foreign
offender
|
20.1 (1) The Crown may apply to the
Federal Court of Canada for an order that a
foreign offender serving a sentence of a term
of imprisonment in Canada of ten years or
more be removed from Canada and
transferred to the custody of a foreign state.
|
|
| Order
|
(2) The court may grant the order if the
offender is a citizen of the foreign state and the
state has consented to the transfer.
|
|
| Conduct of
hearing
|
(3) The hearing on the application shall be
conducted according to the principles
provided for inquiries in sections 29 to 31 of
the Immigration Act.
|
|
| Other
provisions of
order
|
(4) The order may also include provisions
respecting the matters referred to in, and on
the same basis as provided in, section 33 of the
Immigration Act.
|
|
| Restrictions
|
(5) No order shall be made to transfer a
foreign offender to a foreign state unless the
foreign state agrees to provide, or the law of
the foreign state provides for, conditional
release of the foreign offender on a similar
basis to that provided in Canada.
|
|