Bill C-33

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	SENTENCE CALCULATION
Where committed	21. Subject to section 20, a Canadian offender who was detained in a foreign entity is to be detained in Canada in
	(a) a prison if they were sentenced to imprisonment for less than two years; or
	(b) a penitentiary if they were sentenced to imprisonment for two years or more.
Credit towards completion of sentence	22. (1) The length of a Canadian offender's sentence equals the length of the sentence imposed by the foreign entity minus any time that was, before their transfer, recognized by the foreign entity as a reduction, other than time spent in confinement after the sentence was imposed.
Credit for time spent in confinement	(2) The time that a Canadian offender spent in confinement, after the sentence was imposed and before their transfer, is subtracted from the length of the sentence determined in accordance with subsection (1). The resulting period constitutes the period that the offender is to serve on the sentence.
Eligibility for parole - general	23. Subject to sections 19 and 24, a Canadian offender who is transferred to Canada is eligible for full parole on the day on which they have served, commencing on the day on which they commenced serving their sentence, the lesser of seven years and one third of the length of the sentence as determined under subsection 22(1).
Eligibility for parole - murder	24. (1) Subject to subsections 17(2) and 19(1), if a Canadian offender was sentenced to imprisonment for life for an offence that, if it had been committed in Canada, would have constituted murder within the meaning of the Criminal Code, their full parole ineligibility period is 10 years. If, in the Minister's opinion, the documents supplied by the foreign entity show that the circumstances in which the offence was committed were such that, if it had been committed in Canada after July 26, 1976, it would have been first degree murder within the meaning of section 231 of that Act, the full parole ineligibility period is 15 years.
Multiple murders	(2) Subject to subsection (3), if a Canadian offender who was subject to a sentence of imprisonment for life for a conviction for murder, or an offence that, if it had been committed in Canada, would have constituted murder, within the meaning of the Criminal Code, received an additional sentence of imprisonment for life - imposed by the foreign entity for a conviction for an offence that, if it had been committed in Canada, would have constituted murder within the meaning of that Act - the full parole ineligibility period in respect of the additional sentence is established under section 745 of that Act.
Exception - second degree murder	(3) If the additional sentence referred to in subsection (2) is in respect of a conviction for an offence that, if it had been committed in Canada, would have constituted second degree murder within the meaning of section 231 of the Criminal Code - and if the offence was committed before all of the Canadian offender's convictions for murder, or for offences that, if they had been committed in Canada, would have constituted murder, within the meaning of that Act - the full parole ineligibility period in respect of the additional sentence is 10 years.
Credit for time spent in custody	(4) In calculating the period of imprisonment for the purpose of this section, the time served by an offender includes any time spent in custody between the day on which they were arrested and taken into custody for the offence for which they were sentenced and the day on which the sentence was imposed.
Temporary absence and day parole - persons convicted of murder	25. Subject to section 746.1 of the Criminal Code,
	(a) a Canadian offender who is transferred to Canada - and was sentenced to imprisonment for life for an offence that, if it had been committed in Canada, would have constituted murder within the meaning of that Act - is eligible for day parole in accordance with the Corrections and Conditional Release Act and for an absence without escort in accordance with the Corrections and Conditional Release Act or the Prisons and Reformatories Act; and
	(b) their absence with escort may be authorized in accordance with the Corrections and Conditional Release Act or the Prisons and Reformatories Act.
Statutory release - penitentiary	26. (1) If a Canadian offender is detained in a penitentiary, they are entitled to be released on statutory release on the day on which they have served, commencing on the day of their transfer, two thirds of the period determined in accordance with subsection 22(2).
Release - prison	(2) If a Canadian offender is detained in a prison, they are entitled to be released on the day on which they have served, commencing on the day of their transfer, the period determined in accordance with subsection 22(2) less the amount of any remission earned under the Prisons and Reformatories Act on that period.
If eligible for parole, etc., before transfer	27. If, under the Corrections and Conditional Release Act or the Criminal Code, the day on which a Canadian offender is eligible for a temporary absence, day parole or full parole is before the day of their transfer, the day of their transfer is deemed to be their day of eligibility.
Review by Board	28. Despite sections 122 and 123 of the Corrections and Conditional Release Act, the National Parole Board is not required to review the case of a Canadian offender until six months after the day of their transfer.
Application	29. (1) Subject to this Act, a Canadian offender who is transferred to Canada is subject to the Corrections and Conditional Release Act, the Prisons and Reformatories Act and the Youth Criminal Justice Act as if they had been convicted and their sentence imposed by a court in Canada.
Canadian sentence	(2) If, before the transfer, a Canadian offender is subject to a Canadian sentence of imprisonment, they are
	(a) eligible for full parole on the later of
	(i) the day established in accordance with section 19, 23 or 24, as the case may be, and
	(ii) the full parole eligibility date established under the Corrections and Conditional Release Act; and
	(b) entitled to statutory release on the later of
	(i) the day established in accordance with section 26, and
	(ii) the statutory release date established under that Act.
	COMPASSIONATE MEASURES
Canadian offender	30. (1) A Canadian offender shall benefit from any compassionate measures - including a cancellation of their conviction or shortening of their sentence - taken by a foreign entity after the transfer.
Foreign offender	(2) The Minister shall take all reasonable steps to inform the foreign entity and the foreign offender of any compassionate measures taken by Canada after the transfer.
	ADMINISTRATIVE ARRANGEMENTS
Administrativ e arrangements - offenders	31. If no treaty is in force between Canada and a foreign entity on the transfer of offenders, the Minister of Foreign Affairs may, with the consent of the Minister, enter into an administrative arrangement with the foreign entity for the transfer of an offender in accordance with this Act.
Administrativ e arrangements - mentally disordered persons	32. (1) If the relevant provincial authority consents to the transfer, the Minister of Foreign Affairs may, with the consent of the Minister, enter into an administrative arrangement with a foreign entity for the transfer, in accordance with this Act, of a person in respect of whom a verdict of unfit to stand trial or not criminally responsible on account of mental disorder was rendered and may no longer be appealed.
Consent - provincial authority	(2) The consent of a provincial authority to a transfer under this section shall take into account the purpose and principles of this Act. Consent to the transfer of a person in respect of whom a verdict of not criminally responsible on account of mental disorder has been rendered - or of a citizen or national of a foreign entity in respect of whom a verdict of unfit to stand trial has been rendered - is given by the attorney general of a province or, in the case of a territory, the Attorney General of Canada, on the recommendation of the relevant Review Board established under section 672.38 of the Criminal Code. Consent to the transfer of a Canadian citizen in respect of whom a verdict of unfit to stand trial has been rendered in a foreign entity is given by the relevant provincial authority.


Factors - provincial authority	(3) A Review Board, in deciding whether to recommend to the attorney general that a person be transferred - and the relevant provincial authority, in deciding whether to consent to a transfer under subsection (2) - shall consider the following factors:
	(a) the best interests of the person, including their mental condition, the likelihood of their reintegration into society and their treatment and other needs; and
	(b) the need to protect society from dangerous persons.
Additional factor - unfit to stand trial	(4) The attorney general, in deciding whether to consent to the transfer to a foreign entity of a person in respect of whom a verdict of unfit to stand trial has been rendered, shall consider their ability to effectively prosecute the case in the event that the person becomes fit to stand trial.
Definition of ``foreign entity''	33. In sections 31 and 32, ``foreign entity'' means a foreign state, a province, state or other political subdivision of a foreign state, a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a foreign state or a territory or other entity, including an international criminal tribunal.
Part XX.1 of Criminal Code	34. (1) Subject to the other provisions of this Act - and, in the case of a young person, section 141 of the Youth Criminal Justice Act - Part XX.1 of the Criminal Code applies to a person who is transferred to Canada under an administrative arrangement that was entered into under section 32. The verdict of the foreign court is deemed to be a verdict of not criminally responsible on account of mental disorder and to have been made on the day of their transfer.
Presumption	(2) The person is deemed to be the subject of an order under paragraph 672.54(c) of the Criminal Code and a warrant of committal under section 672.57 of that Act until the Review Board of the province to which the person is transferred makes a disposition under section 672.47 of that Act. The Review Board shall, within 45 days after the day of the person's transfer, hold a hearing and make a disposition.
Extension of time period	(3) If the Review Board is of the opinion that there are exceptional circumstances that warrant it, it may take a maximum of 90 days to hold a hearing and make a disposition.
Transportatio n for transfer	35. (1) A person who is discharged under paragraph 672.54(b) of the Criminal Code or detained under paragraph 672.54(c) of that Act may - with the consent of the attorney general of the province from which they are to be transported and, if applicable, the attorney general of the province to which they are to be transported - be transported to any other place in Canada in order to expedite their transfer to a foreign entity.
Warrant	(2) If a person is to be transported in order to expedite their transfer, an officer authorized by the attorney general of the province from which they are to be transported shall sign a warrant specifying the place in Canada to which they are to be transported, the terms of their transfer and, if applicable, the place of detention.
Territories	(3) For the purpose of this section, in respect of a territory, the relevant attorney general is the Attorney General of Canada.
Transportatio n and detention	36. A warrant referred to in subsection 35(2) is sufficient authority for
	(a) the person who is responsible for the custody and transportation of the person being transferred to convey them to the place in Canada to which they are to be transported and, if applicable, deliver them to the person in charge of the place of detention;
	(b) the person in charge of the place of detention to detain the person being transferred; and
	(c) the person who is responsible for the custody and transportation of the person being transferred to deliver them to the person from the foreign entity who is responsible for the transfer.
	GENERAL PROVISION
Transfer to Canada not valid	37. (1) The foreign sentence of a person transferred to Canada under this Act is enforceable in Canada unless a court determines that, because the person is not a Canadian citizen, the transfer is not valid.
Minister to notify foreign entity and other ministers	(2) If the court declares that the transfer of the person to Canada is not valid, the Minister shall notify the foreign entity, the minister responsible for the Immigration and Refugee Protection Act and the minister responsible for the Extradition Act that the transfer is not valid.
Transfer to foreign entity not valid	(3) If a foreign entity declares that the transfer of a foreign offender is not valid, the Canadian sentence that they were serving before the transfer is enforceable in Canada.
	TRANSITIONAL PROVISION
Application to pending cases	38. This Act applies in respect of all requests for transfer that are pending on the day that this section comes into force.
	CONSEQUENTIAL AMENDMENT
1992, c. 20	Corrections and Conditional Release Act
2002, c. 1, s. 171	*39. The definition ``sentence'' in subsection 2(1) of the Corrections and Conditional Release Act* is replaced by the following:**
``sentence'' « peine » ou « peine d'emprisonne ment »	``sentence'' means a sentence of imprisonment and includes a sentence imposed by a foreign entity on a Canadian offender who has been transferred to Canada under the International Transfer of Offenders Act and a youth sentence imposed under the Youth Criminal Justice Act;
	REFERENCES
Replacement of ``Transfer of Offenders Act'' with ``Internationa l Transfer of Offenders Act'' - Acts	40. (1) Unless the context requires otherwise, every reference to ``Transfer of Offenders Act'' is replaced by a reference to ``International Transfer of Offenders Act'' in any other Act of Parliament, and more particularly in the following provisions:
	*(a) subsection 107(1) and paragraph 138(3)(b) of the Corrections and Conditional Release Act; and*
	*(b) section 3 of the Criminal Records Act.*
References in regulations, etc.	(2) Unless the context requires otherwise, every reference to ``Transfer of Offenders Act'' is replaced by a reference to ``International Transfer of Offenders Act'' in any regulation, as defined in section 2 of the Statutory Instruments Act, and in any other instrument made in the execution of a power conferred under an Act of Parliament or by order or under the authority of the Governor in Council, and more particularly in paragraph 136(1)(d) of the Corrections and Conditional Release Regulations.