Section 4 · International Transfer of Offenders Act

Contents

(1) Subject to subsection (3), a transfer is not available unl…
(2) Conduct determinative
(3) Exception — children

4Dual criminality#

(1)Subject to subsection (3), a transfer is not available unless the Canadian offender’s conduct would have constituted a criminal offence if it had occurred in Canada at the time the Minister receives the request for a transfer.

(2)For greater certainty, it is not relevant whether the conduct referred to in subsection (1) is named, defined or characterized by the foreign entity in the same way as it is in Canada.

(3)A transfer is available to a Canadian offender who, at the time the offence was committed, was a child within the meaning of the Youth Criminal Justice Act even if their conduct would not have constituted a criminal offence if it had occurred in Canada at that time. That offender may not be detained in Canada.

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.

International Transfer of Offenders Act

4Dual criminality#

Defined terms · 8

Key facts

Connections

History · 1 version

4Dual criminality#