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Canada - General Prison Talk, News, Introductions & Chit Chat Topics & Discussions relating to Prison & the Criminal Justice System in Canada that do not fit into any other Canada sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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Old 01-27-2019, 08:41 AM
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Default Need Info / Opinion re : Transfer from CAN

Nothing is „ set in stone ” but just looking for information / opinions to settle disputes over it. I want to end any such talk.

Canada Forum is pretty dead so not expecting much either.

1. The inmate fulfills all areas of eligibility for an International Transfer.

2. Inmate knows that he must request application from Parole Officer and sign the appropriate form.

3. Inmate knows that the transfer package then gets sent to applicable unit of the CSC for processing.

4. Inmate knows that he, his legal counsel, home country authorities and the Ministry of Public Safety must all agree on the transfer.

There is no bilateral treaty between Canada and the home country. However, the Convention on the Transfer of Sentenced Persons applies.

The home country must tell Canada the length / type of sentence they will receive back in the home country as part of the application. As well, any sort of time served credits or conditional release. [ Thankfully, recent legal changes bring this more up to the norm. ]

O.K. so finally we reach a question : The home country would most definitely make the offender serve a longer sentence in a higher security level for the convictions. They have stricter sentencing for similar convictions. Read it myself in their criminal code. I double - checked this with a local attorney. Since Canada is a more „ humanitarian ” country, would this contribute to a denial of the transfer ? Would it not even matter?

I know Canada will seek deportation @ at the end of the sentence anyway but only wondering the situation whilst incarcerated.

Is it better to just transfer at some point while incarcerated than even bother to go through the deportation process / try to fight deportation? That is a more personal question but opinions ? ?

Wouldn’t a sane person not even consider a transfer with knowledge that the home country situation be harsher ?

His current immigration attorneys think it is not a good idea and don’t know of anyone who would willingly do such a thing. Is it hubris ?!

Thoughts ????
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Old 01-29-2019, 09:35 AM
gvalliant gvalliant is offline
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Originally Posted by Ne Plach’ View Post
Is it better to just transfer at some point while incarcerated than even bother to go through the deportation process / try to fight deportation? That is a more personal question but opinions ? ?

Wouldn’t a sane person not even consider a transfer with knowledge that the home country situation be harsher ?

His current immigration attorneys think it is not a good idea and don’t know of anyone who would willingly do such a thing. Is it hubris ?!
Bad idea, IMO.

Does anyone do it? It's well understood Canadian criminal justice is substantially favorable to US criminal justice. In a typical year there might be 100 or so approved to transfer from US to Canada. And 1, maybe 0 approved to transfer from Canada to US. I think that answers your question.

Sending and receiving country are not supposed to consider sentencing / prison disparities between countries in their decision. This is administrative law, which is not transparent like criminal law. They follow or do not follow their own rules and regulations with little oversight. So they are not "supposed to" consider differences, but they probably do consider in their decision and get away with it.

I agree with his immigration attorneys...
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Old 01-29-2019, 10:13 AM
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Thank you. But only if he would listen to his immigration attorneys. . .

This is not a Canada to U.S. transfer. This would be a Canada to Russia transfer . . . if ever completed. Hence the lawyers say it is insanity but, he does not want to be held with CBSA at the end, so he has no focus on doing well for 1/3 parole.

May I ask a dumb question then?

If sentencing disparities are not to be considered in the decision, why does the CSC request the home country to submit „ the nature and duration of sentence “ to be served post - transfer as part of the decision process ? Why would that be applicable to the decision making process if they are not supposed to consider it? Bureaucratic process? That’s all ?

Cause I am well aware that on paper RU can say administratively the type of regime and years, for reality to be another.
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Old 01-29-2019, 05:53 PM
gvalliant gvalliant is offline
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May I ask a dumb question then?

If sentencing disparities are not to be considered in the decision, why does the CSC request the home country to submit „ the nature and duration of sentence “ to be served post - transfer as part of the decision process ? Why would that be applicable to the decision making process if they are not supposed to consider it? Bureaucratic process? That’s all ?
Good question actually. I should have worded more carefully.

They are not supposed to consider sentencing and parole differences between countries. Let's say he has a 3 year sentence in Canada, parole eligible at 1/3 and statutory parole at 2/3 sentence. Same crime in Russia, everyone gets sentenced to 10 years and no parole eligibility. Canada and Russia are not supposed to worry about that.

The sending state (Canada) convicted and sentenced him. These treaties typically state that the receiving state cannot change the sentence - better or worse. Treaties do say the receiving state gets to determine prison and parole conditions based on their laws - better or worse.

Canada does ask Russia for their plans for him. If Russia says he will parole first day he gets here, Canada is not supposed to care. If Russia says he will serve 100% time and no parole consideration, Canada is not supposed to care. If Russia says everyone else in Russia gets 10 years here for the same crime so we are going to change his sentence when he gets here from 3 years to 10 years, Canada will care and deny the transfer. They are asking Russia to verify they will only apply their prison and parole rules but not make any change to the sentence.

Your friend believes he will be denied parole at his 1/3 eligibility. I hope he understands that at 2/3 of his term he will parole. That is statutory. Will Russia do 2/3 or better? If not, he is giving up freedom....

Final thought. You did mention this is based on the Commonwealth Convention, not a bi-lateral treaty. There may be terms in there allowing receiving state to change the sentence. The convention is mostly a European thing. Canada and a few non-European countries do participate. Since Canada is a big "trading partner" with US and Mexico based on bi-lateral treaties they probably still will deny based on that principal even if the Convention allows it. Canada has the right to deny..

Last edited by gvalliant; 01-29-2019 at 06:06 PM.. Reason: Comment on Convention vs Treaty
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Old 01-29-2019, 06:58 PM
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Thank you for taking the time to offer such educated thoughts.

It is the Convention on the Transfer of Sentenced Persons ; so the Council of Europe.

Thanks; you answered my main question on whether a transfer would be denied if the receiving country bumped up the sentence.

It is my husband actually and yes, he is aware he will get statutory release at 2 / 3. If Russia keeps his sentence, he could get out a little earlier but if they amend it to their laws [as you covered ], he would do more time until parole. He is just concerned that once he is released at 2 / 3, he will be taken into CSBA detention for as long as it takes for the deportation.
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