Wut?

[ciroccoj]

TRANSFER OF OFFENDERS ACT
s. 16 A foreign sentence that consists of a period of supervision, other than by reason of conditional release — or a period of supervision that is, other than by reason of a conditional release, an element of a foreign sentence of imprisonment of less than two years — is deemed to be a probation order under section 731 of the Criminal Code, to a maximum of three years, or under paragraph 42(2)(k) of the Youth Criminal Justice Act, to a maximum of two years.


Extradition Act
s. 80. Subject to a relevant extradition agreement, a person who has been extradited to Canada by a requested State or entity shall not, unless the person has voluntarily left Canada after surrender or has had a reasonable opportunity of leaving Canada,

1. be detained or prosecuted, or have a sentence imposed or executed, or a disposition made or executed under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in Canada in respect of an offence that is alleged to have been committed, or was committed, before surrender other than
   
   
   1. the offence in respect of which the person was surrendered or an included offence,
      
   2. another offence in respect of which the requested State or entity consents to the person being detained or prosecuted, or
      
   3. another offence in respect of which the person consents to being detained or prosecuted; or
   
   
2. be detained in Canada for the purpose of being surrendered to another State or entity for prosecution or for imposition or execution of a sentence in respect of an offence that is alleged to have been committed, or was committed, before surrender to Canada, unless the requested State or entity consents.

Comments

[tudorlady.livejournal.com]

You know what's scary? I get it, but I can't explain to you why, and I can't reword it to make more sense. But the scary part is that I understand it.

[ladystarstruck.livejournal.com]

Well, I don't know much about the legalese, especially for the second one, but I do deal with transferred offenders at my work.

Transfer of Offenders applies to Canadians who have been convicted of a crime in a foreign country with which we have transfer treaties, and who has applied for a transfer to Canada to serve the remainder of their sentence in our prisons instead of the foreign nation's. The sentence they are serving gets translated into the Canadian equivalent for them to finish here.

I believe extradition would apply to someone who committed a crime in Canada, then fled to a foreign nation, and we are trying to get them caught and transferred here for a trial. That section sounds like something saying they will only be tried for the crime they fled from, and not anything else that has happened in the meantime?

[tudorlady.livejournal.com]

not anything else that has happened in the meantime

I'd construe it as any crime they committed in Canada prior to fleeing. If they went to Switzerland and robbed a bank, that's Switzerlands' problem.