Bill C-316
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2nd Session, 36th Parliament, 48 Elizabeth II, 1999
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The House of Commons of Canada
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BILL C-316 |
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An Act to amend the Transfer of Offenders
Act (removal of foreign offenders)
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R.S., c. T-15;
R.S., cc. 27,
31 (1st
Supp.); 1992,
c. 20; 1993, c.
34; 1995, cc.
22, 42
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1. The Transfer of Offenders Act is
amended by adding the following after
section 20:
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Application to
transfer
foreign
offender
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20.1 (1) The Crown may apply to the
Federal Court of Canada for an order that a
foreign offender serving a sentence of a term
of imprisonment in Canada of ten years or
more be removed from Canada and
transferred to the custody of a foreign state.
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Order
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(2) The court may grant the order if the
offender is a citizen of the foreign state and the
state has consented to the transfer.
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Conduct of
hearing
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(3) The hearing on the application shall be
conducted according to the principles
provided for inquiries in sections 29 to 31 of
the Immigration Act.
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Other
provisions of
order
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(4) The order may also include provisions
respecting the matters referred to in, and on
the same basis as provided in, section 33 of the
Immigration Act.
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Restrictions
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(5) No order shall be made to transfer a
foreign offender to a foreign state unless the
foreign state agrees to provide, or the law of
the foreign state provides for, conditional
release of the foreign offender on a similar
basis to that provided in Canada.
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