International Transfer of Offenders Act

Marginal note:Factors — Canadian offenders

• 10 (1) In determining whether to consent to the transfer of a Canadian offender, the Minister shall consider the following factors:

  • (a) whether the offender’s return to Canada would constitute a threat to the security of Canada;

  • (b) whether the offender left or remained outside Canada with the intention of abandoning Canada as their place of permanent residence;

  • (c) whether the offender has social or family ties in Canada; and

  • (d) whether the foreign entity or its prison system presents a serious threat to the offender’s security or human rights.

• Marginal note:Factors — Canadian and foreign offenders

  (2) In determining whether to consent to the transfer of a Canadian or foreign offender, the Minister shall consider the following factors:

  • (a) whether, in the Minister’s opinion, the offender will, after the transfer, commit a terrorism offence or criminal organization offence within the meaning of section 2 of the Criminal Code; and

  • (b) whether the offender was previously transferred under this Act or the Transfer of Offenders Act, chapter T-15 of the Revised Statutes of Canada, 1985.

• Marginal note:Additional factor — Canadian young persons

  (3) In determining whether to consent to the transfer of a Canadian offender who is a young person within the meaning of the Youth Criminal Justice Act, the Minister and the relevant provincial authority shall consider the best interests of the young person.

• Marginal note:Primary consideration — Canadian children

  (4) In determining whether to consent to the transfer of a Canadian offender who is a child within the meaning of the Youth Criminal Justice Act, the primary consideration of the Minister and the relevant provincial authority is to be the best interests of the child.