The supreme court of Canada and the offender’s right to be transferred to serve his sentence in Canada: interpreting the international transfer of offenders act in light of Canada’s national and international human rights obligations

1. Bassan, Daniela. “The Canadian Charter and Public International Law: Redefining the State’s Power to Deport Aliens.” Osgoode Hall Law Journal 34:3 (1996): 584-625.Search in Google Scholar

2. Bossuyt, Marc J. Guide to the “Travaux Préparatoires” of the International Covenant on Civil and Political Rights. Dordrecht: Martinus Nijhoff Publishers, 1987.Search in Google Scholar

3. Claydon, John. “Use of International Human Rights Law to Interpret Canada's Charter of Rights and Freedoms.” Connecticut Journal of International Law 2 (1986-1987): 349-360.Search in Google Scholar

4. Concluding Observations of the Human Rights Committee on Croatia’s Initial Report. CCPR/CO/71/HRV (April 30, 2001).Search in Google Scholar

5. Hayward, M. Ann. “International Law and the Interpretation of the Canadian Charter of Rights and Freedoms: Uses and Justifications.” University of Western Ontario Law Review 23 (1985): 9-20.Search in Google Scholar

6. Mujuzi, Jamil D. “Analysing the Agreements (Treaties) on the Transfer of Sentenced Persons (Offenders/Prisoners) between the United Kingdom and Asian, African and Latin American Countries.” European Journal of Crime, Criminal Law and Criminal Justice 20 (2012): 377 - 414.10.1163/157181712X667440Search in Google Scholar

7. Mujuzi, Jamil D. “The Transfer of Offenders from Other Countries to Canada: Analysing the Theory and Practice.” The Chinese Journal of Comparative Law (2013): 1-35 // doi:10.1093/cjcl/cxt019.10.1093/cjcl/cxt019Search in Google Scholar

8. Nowak, Manfred. U.N. Covenant on Civil and Political Rights: CCPR Commentary. Kehl: N.P. Engel, 1993.Search in Google Scholar

9. Plachta, Michael. “Human Rights Aspects of the Prisoner Transfer in a Comparative Perspective.” Louisiana Law Review 53 (1993): 1043-1089.Search in Google Scholar

10. Plachta, Michael. Transfer of Prisoners under International Instruments and Domestic Legislation: A Comparative Study. Freiburg: Max Planck Institute for Foreign and International Criminal Law, 1993.Search in Google Scholar

11. Report of the Working Group on Arbitrary Detention, Mission to Italy.A/HRC/10/21/Add.5 (January 26, 2009).Search in Google Scholar

12. United Nations Human Rights Committee. Concluding Observations: Kuwait.CCPR/CO/69/KWT (July 27, 2000).Search in Google Scholar

13. United Nations Office on Drugs and Crime. Handbook on the International Transfer of Sentenced Persons. New York, 2012 Search in Google Scholar

1. A.S., on her own behalf and on behalf of her daughter and grandson v.Canada. Human Rights Committee Case. 068/1980.Search in Google Scholar

2. Agreement between Canada and France on the Transfer of Inmates and the Supervision of Persons under Sentence. E102458-CTS 1984, No. 32.Search in Google Scholar

3. Agreement between the Government of Canada and the Government of Barbados on the Transfer of Offenders. E104967, Canada Treaty Series, 2003/8.Search in Google Scholar

4. Agreement between the Government of Canada and the Government of the Arab Republic of Egypt on the Transfer of Sentenced Persons. E102464-CTS 2000, No. 9.Search in Google Scholar

5. Agreement of Co-Operation Regarding the Transfer of Persons Incarcerated Under Sentence between the Government of Canada and the Government of the Kingdom of Morocco. E102460-CTS 1996, No. 32.Search in Google Scholar

6. Albert Womah Mukong v. Cameroon. Human Rights Committee Case. 458/1991.Search in Google Scholar

7. Ati Antoine Randolph v. Togo. Human Rights Committee Case. 910/2000.Search in Google Scholar

8. Catenacci v. Canada (Attorney General). 2006 CarswellNat 1364, 2006 FC 539, 144 C.R.R. (2d) 128, 291 F.T.R. 215.Search in Google Scholar

9. Charles E. Stewart v. Canada. Human Rights Committee Case. 538/1993.Search in Google Scholar

10. Divito v. Canada (Public Safety and Emergency Preparedness). 2013 SCC 47 (September 19, 2013).Search in Google Scholar

11. Francesco and Anna Madafferi and their children v. Australia. Human Rights Committee Case. 1011/2001.Search in Google Scholar

12. Giosue Canepa v. Canada. Human Rights Committee Case. 558/1993.Search in Google Scholar

13. Jama Warsame v. Canada. Human Rights Committee Case. 1959/2010.Search in Google Scholar

14. Luis Asdrúbal Jiménez Vaca v. Colombia. Human Rights Committee Case. 859/1999.Search in Google Scholar

15. Plepi v. Albania and Greece. 51 EHRR 3, 53 (2010).Search in Google Scholar

16. Ruediger Schlosser v. Czech Republic. Human Rights Committee Case. 670/1995.Search in Google Scholar

17. Simalae Toala et al. v. New Zealand. Human Rights Committee Case. 675/1995. Search in Google Scholar

18. Treaty between Canada and Bolivia on the Transfer of Inmates and the Supervision of Persons under Sentence. E102457-CTS 1985, No. 4.Search in Google Scholar

19. Treaty between Canada and the United Mexican States on the Execution of Penal Sentences. E102459-CTS 1979, No. 3.Search in Google Scholar

20. Treaty between Canada and the United States of America on the Execution of Penal Sentences. E102461-CTS 1978, No. 12.Search in Google Scholar

21. Treaty between the Government of Canada and the Government of Mongolia on the Transfer of Offenders. E105008, Canada Treaty Series 2005/2.Search in Google Scholar

22. Treaty between the Government of Canada and the Government of the Argentine Republic on the Transfer of Offenders. E104972, Canada Treaty Series, 2008/14.Search in Google Scholar

23. Treaty between the Government of Canada and the Government of the Republic of Cuba on the Serving of Penal Sentences. E103276-CTS 1999, No.24.Search in Google Scholar

24. Treaty between the Government of Canada and the Government of the Dominican Republic on the Transfer of Offenders. E105031, Canada Treaty Series 2007/4.Search in Google Scholar

25. Treaty between the Government of Canada and the Government of the Republic of Peru on the Execution of Penal Sentences. E102465-CTS 1980, No. 15.Search in Google Scholar

26. Treaty on Cooperation in the Execution of Penal Sentences between the Government of Canada and the Government of the Kingdom of Thailand.E103412-CTS 1988, No. 24.Search in Google Scholar

27. Treaty on Transfer of Offenders between Canada and the Federative Republic of Brazil. E102462-CTS 1998, No. 8. Search in Google Scholar