The supreme court of Canada and the offender's right to be transfer to serve his sentence in Canada: Interpreting the International transfer of offenders in the light of Canada's National and International Human rights obligations

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dc.contributor.authorMujuzi, Jamil Ddamulira
dc.date.accessioned2017-02-20T12:49:13Z
dc.date.available2017-02-20T12:49:13Z
dc.date.issued2013
dc.description.abstractIn September 2013 in the case of Divito v Canada (Public Safety and Emergency Preparedness) the Supreme Court of Canada dealt with the issue of whether section 6(1) of the Canadian Charter of Rights and Freedoms, the Charter, which grants Canadians the right to enter Canada was violated in a case where the Minister of Public Safety and Emergency Preparedness declined to consent to the transfer of a Canadian citizen to serve his sentence in Canada where the sentencing state had consented to the transfer. Another issue was whether sections 8(1) and 10(1)(a) and 10(2)(a) of the International Transfer of Offenders Act, which granted the Minister the discretion to consent or not to consent to the transfer, were contrary to section 6(1) of the Charter. In resolving the above issues, the Court referred to its earlier jurisprudence, academic publications and international law. Although the Court agreed with the government that the appeal was moot because the appellant had left the USA by the time it was heard, it held that it retained “a residual discretion to decide the merits of a moot appeal if the issues raised are of public importance” and that this case was one of public importance because “[t]he issues are likely to recur in the future and there is some uncertainty resulting from conflicting decisions in the Federal Court.” The purpose of this article is to highlight the interpretative tools invoked by the court and the implications of the judgement.en_US
dc.description.accreditationInternational Bibliography of Social Sciences
dc.identifier.citationThe supreme court of Canada and the offender's right to be transfer to serve his sentence in Canada: Interpreting the International transfer of offenders in the light of Canada's National and International Human rights obligations. Baltic Journal of Law & Politics, 6(2): 102-123en_US
dc.identifier.issn2029-0454
dc.identifier.urihttp://hdl.handle.net/10566/2562
dc.identifier.urihttp://dx.doi.org/10.2478/bjlp-2013-0013
dc.language.isoen_USen_US
dc.privacy.showsubmitterFALSE
dc.publisherDe Gruyter Openen_US
dc.rightsDe Gruyter Open publishes fully open access journals, which means that all articles are available on the internet to all users immediately upon publication. Non-commercial use and distribution in any medium is permitted, provided the author and the journal are properly credited. Th is is the published version available on line at: https://doi.org/10.2478/bjlp-2013-0013
dc.status.ispeerreviewedTRUE
dc.subjectSupreme Courten_US
dc.subjectCanadaen_US
dc.subjectTransferen_US
dc.subjectOffenderen_US
dc.subjectRightsen_US
dc.titleThe supreme court of Canada and the offender's right to be transfer to serve his sentence in Canada: Interpreting the International transfer of offenders in the light of Canada's National and International Human rights obligationsen_US
dc.typeArticleen_US

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Prof. Jamil Mujuzi
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