Bill C-5: An Act to amend the International Transfer of Offenders Act

C-5 Third Session, Fortieth Parliament, 59-60 Elizabeth II, 2010-2011 HOUSE OF COMMONS OF CANADA BILL C-5 An Act to amend the International Transfer of Offenders Act Reprinted as amended by the Standing Committee on Public Safety and National Security as a working copy for the use of the House of Commons at Report Stage and as reported to the House on February 7, 2011 MINISTER OF PUBLIC SAFETY 90531 SUMMARY This enactment amends the International Transfer of Offenders Act to provide that one of the purposes of that Act is to enhance public safety and to modify the list of factors that the Minister shall consider in deciding whether to consent to the transfer of a Canadian offender. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 3rd Session, 40th Parliament, 59-60 Elizabeth II, 2010-2011 house of commons of canada BILL C-5 An Act to amend the International Transfer of Offenders Act Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Keeping Canadians Safe (International Transfer of Offenders) Act. 2004, c. 21 INTERNATIONAL TRANSFER OF OFFENDERS ACT 2. Section 3 of the International Transfer of Offenders Act is replaced by the following: Purpose 3. The purpose of this Act is to enhance public safety and to contribute to the administration of justice and the rehabilitation of offenders and their reintegration into the community by enabling offenders to serve their sentences in the country of which they are citizens or nationals. 3. (1) Subsection 10(1) of the Act is replaced by the following: 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 will constitute a threat to the security of Canada; (b) whether the offender’s return to Canada, while they are serving their sentence, will endanger public safety, including (i) the safety of any person in Canada who is a victim, as defined in subsection 2(1) of the Corrections and Conditional Release Act, of an offence committed by the offender, (ii) the safety of any member of the offender’s family, in the case of an offender who has been convicted of an offence against a family member, or (iii) the safety of any child, in the case of an offender who has been convicted of a sexual offence involving a child; (c) whether the offender is likely to continue to engage in criminal activity, after the transfer, while they are serving their sentence; (d) whether the offender left or remained outside Canada with the intention of abandoning Canada as their place of permanent residence; (e) whether the foreign entity or its prison system presents a serious threat to the offender’s security or human rights; (f) whether the offender has social or family ties in Canada; (g) the offender’s health; (h) [Deleted] (i) [Deleted] (j) the manner in which the offender will be supervised, after the transfer, while they are serving their sentence; or (k) whether the offender has cooperated, or has undertaken to cooperate, with a law enforcement agency. (l) [Deleted] (2) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following: Factors — Canadian and foreign offenders (2) In determining whether to consent to the transfer of a Canadian or foreign offender, the Minister may consider the following factors: COMING INTO FORCE Order in council 4. This Act comes into force on a day to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons