A Canadian citizen imprisoned in the United States challenged provisions of the International Transfer of Offenders Act that allow the Minister to refuse transfer requests.
The Court dismissed the appeal and upheld the statutory scheme, with the majority finding no breach of s. 6(1) mobility rights because there is no constitutional right to serve a foreign sentence in Canada.
Concurring reasons found a s. 6(1) limitation but held it justified under s. 1 based on security and public safety objectives.
The Court emphasized that ministerial discretion in transfer decisions must still be exercised reasonably and with due regard to Charter values.
The appellant did not pursue the reasonableness challenge to the specific refusal decision before the Court.
