NCJ Number
57308
Date Published
1978
Length
56 pages
Annotation
THIS BOOKLET IS INTENDED TO INSTRUCT CANADIAN INMATES IN UNITED STATES PRISONS ABOUT THE APPLICATION OF THE TREATY BETWEEN THE UNITED STATES AND CANADA REGARDING THE TRANSFER OF OFFENDERS.
Abstract
THE TREATY BETWEEN THE UNITED STATES AND CANADA CONCERNING THE TRANSFER OF OFFENDERS PROVIDES THAT SOME, BUT NOT ALL, CANADIAN OFFENDERS IMPRISONED IN THE UNITED STATES MAY RETURN TO CANADA. THIS BOOKLET, PRESENTED IN QUESTION AND ANSWER FORM, INSTRUCTS CANADIAN INMATES ON WHETHER OR NOT THEY ARE ELIGIBLE FOR TRANSFER. THE BOOKLET SHOULD ALSO BE OF ASSISTANCE TO PERSON WHO HAS BEEN PAROLED AFTER CONVICTION BY THE UNITED STATES AUTHORITIES, AND WHO WISHES TO KNOW WHETHER HE IS ELIGIBLE TO BE RETURNED TO CANADA, AND IF SO, UNDER WHAT CONDITIONS. IN ADDITION TO INTERPRETING ELIGIBILITY FOR TRANSFER, THE BOOKLET ALSO EXPLAINS WHAT THE OFFENDER'S SITUATION WILL BE IN CANADA SHOULD HE RETURN. COPIES OF THE TREATY BETWEEN CANADA AND THE UNITED STATES ARE INCLUDED--ONE IN ENGLISH AND THE OTHER IN FRENCH--ALONG WITH THE CANADIAN LEGISLATION THAT IMPLEMENTS THE TREATY. IT IS NOTED THAT THE EXPLANATORY MATERIAL CANNOT CONSIDER ALL OF THE FACTORS THAT MAY APPLY IN INDIVIDUAL CASES. IN GENERAL TERMS, THOSE ELIGIBLE FOR TRANSFER MUST HAVE AT LEAST 6 MONTHS REMAINING ON THEIR SENTENCES AT THE TIME THEY APPLY FOR TRANSFER, MUST BE CANADIAN CITIZENS, AND MUST BE APPROVED FOR TRANSFER BOTH BY THE UNITED STATES AND CANADIAN GOVERNMENTS. ALTHOUGH UNDER THE TREATY THE UNITED STATES RETAINS A POWER OF PARDON AFTER THE TRANSFER, THIS DOES NOT DIMINISH THE POWER OF THE CANADIAN GOVERNMENT UNDER ITS LAW TO GRANT A PARDON, REMIT A SENTENCE, OR TAKE ANY SIMILAR ACTION. WITH THE EXCEPTION OF THE CONVICTION OF MURDER, THE GENERAL RULE THAT APPLIES WITH RESPECT TO PAROLE ELIGIBILITY IS THAT ELIGIBILITY WILL OCCUR AS IF THE PERSON BEING CONSIDERED HAD BEEN CONVICTED AND SENTENCED IN CANADA. (RCB)