Thursday, September 19, 2013

No right to serve foreign prison sentence in Canada

Divito v. Canada (Public Safety and Emergency Preparedness), 2013 SCC 47: [45]                          The ability of prisoners to serve their sentence in Canada is therefore a creation of legislation.  Independent of theITOA, there is no right to serve a foreign prison sentence in Canada.  In my view, although the ITOA contemplates a mechanism by which a citizen may return to Canada in the limited context of continuing incarceration for the purpose of serving their foreign sentence, s. 6(1) does not confer a right on Canadian citizens to serve their foreign sentences in Canada. 

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