An Act to implement treaties and administrative arrangements on the international transfer of persons found guilty of criminal offences (S.C. 2004, c. 21)

Definition of “foreign entity”

33. In sections 31 and 32, “foreign entity” means a foreign state, a province, state or other political subdivision of a foreign state, a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a foreign state or a territory or other entity, including an international criminal tribunal.

Marginal note:Part XX.1 of Criminal Code

• 34. (1) Subject to the other provisions of this Act — and, in the case of a young person, section 141 of the Youth Criminal Justice Act — Part XX.1 of the Criminal Code applies to a person who is transferred to Canada under an administrative arrangement that was entered into under section 32. The verdict of the foreign court is deemed to be a verdict of not criminally responsible on account of mental disorder and to have been made on the day of their transfer.

• Marginal note:Presumption

  (2) The person is deemed to be the subject of an order under paragraph 672.54(c) of the Criminal Code and a warrant of committal under section 672.57 of that Act until the Review Board of the province to which the person is transferred makes a disposition under section 672.47 of that Act. The Review Board shall, within 45 days after the day of the person's transfer, hold a hearing and make a disposition.

• Marginal note:Extension of time period

  (3) If the Review Board is of the opinion that there are exceptional circumstances that warrant it, it may take a maximum of 90 days to hold a hearing and make a disposition.

Marginal note:Transportation for transfer

• 35. (1) A person who is discharged under paragraph 672.54(b) of the Criminal Code or detained under paragraph 672.54(c) of that Act may — with the consent of the attorney general of the province from which they are to be transported and, if applicable, the attorney general of the province to which they are to be transported — be transported to any other place in Canada in order to expedite their transfer to a foreign entity.

• Marginal note:Warrant

  (2) If a person is to be transported in order to expedite their transfer, an officer authorized by the attorney general of the province from which they are to be transported shall sign a warrant specifying the place in Canada to which they are to be transported, the terms of their transfer and, if applicable, the place of detention.

• Marginal note:Territories

  (3) For the purpose of this section, in respect of a territory, the relevant attorney general is the Attorney General of Canada.

Marginal note:Transportation and detention

36. A warrant referred to in subsection 35(2) is sufficient authority for

• (a) the person who is responsible for the custody and transportation of the person being transferred to convey them to the place in Canada to which they are to be transported and, if applicable, deliver them to the person in charge of the place of detention;

• (b) the person in charge of the place of detention to detain the person being transferred; and

• (c) the person who is responsible for the custody and transportation of the person being transferred to deliver them to the person from the foreign entity who is responsible for the transfer.