5 Things to know about international transfers and parole eligibility
- Kate Mitchell
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- Offenders who are convicted abroad and transferred to Canada under the International Transfer of Offenders Act are eligible for parole. Parole eligibility is calculated differently for offenders who have been transferred. An offender is eligible for day and full parole after serving the lesser of a) 7 years, or b) 1/3 of their sentence (the total sentence minus any credits earned in the foreign country).
- Once transferred, offenders may need to wait at least 6 months to be reviewed for parole. The Parole Board of Canada is not required to consider an offender until 6 months after the day of the transfer.
- There are special rules for offenders convicted of murder. For offenders convicted of murder in a foreign state, parole eligibility will depend on whether the offender was a youth at the time of the offence, what the period of ineligibility imposed by the foreign entity is, when the offence was committed, and whether the offence would’ve constituted first- or second-degree murder in Canada.
- Offenders who have been internationally transferred are also eligible for statutory release. Such offenders would, subject to a detention order, be released after serving 2/3 of the balance of the sentence following the transfer.