Thursday, September 19, 2013
No right to serve foreign prison sentence in Canada
Divito v. Canada (Public Safety and Emergency Preparedness), 2013 SCC 47:  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.