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  #1  
Old 03-09-2016, 07:54 AM
coopersmom coopersmom is offline
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Default Has anyone done treaty transfer to Canada

Looking for information about how long it takes and what the process is. Husband is in Federal prison with 5 years left on sentence. Convicted of mail fraud and conspiracy. With a felony he will be deported to Canada at end of sentence anyway. We would like to take treaty transfer and apply for parole with 1/3 of sentence already served.
Any info would be appreciated.
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Old 03-09-2016, 08:16 AM
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I don't have any actual details, but many bop prisoners who hold Canadian citizenship applied for treaty transfers through the Canadian Embassy. It was not a speedy process, but some of them were successful.

Be sure to check the Canada Prison forums too.
http://www.prisontalk.com/forums/forumdisplay.php?f=76
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Old 06-17-2016, 08:57 PM
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There's really not much info on it from people who've gone through the process. My husband is Canadian as well and applied for it almost 2 months ago. From what we heard, it could take up to a year because the paperwork goes to the US govt to be approved, then from there it gets forwarded to the Canadian govt. if they approve it, then it's more waiting to actually get transferred.

A month after my hubby filled out his paperwork, his family in Canada got a call from a parole officer to do interviews. Basically, the interview was centered around what type of support they are willing to provide, and will they be helping him stay on the right path basically.

That all happened much faster than we expected, which makes us hopeful that the transfer could all go through sooner than we think.

My advice to you would just be to have your husband apply for it. Either way, worse case scenario at that point would be that he serves his whole sentence in the US. If it goes through before all that, then you're in a much better place regardless. Good luck!

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Originally Posted by coopersmom View Post
Looking for information about how long it takes and what the process is. Husband is in Federal prison with 5 years left on sentence. Convicted of mail fraud and conspiracy. With a felony he will be deported to Canada at end of sentence anyway. We would like to take treaty transfer and apply for parole with 1/3 of sentence already served.
Any info would be appreciated.
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Old 06-20-2016, 03:43 PM
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Quote:
Originally Posted by mrs.k042314 View Post
There's really not much info on it from people who've gone through the process. My husband is Canadian as well and applied for it almost 2 months ago. From what we heard, it could take up to a year because the paperwork goes to the US govt to be approved, then from there it gets forwarded to the Canadian govt. if they approve it, then it's more waiting to actually get transferred.

A month after my hubby filled out his paperwork, his family in Canada got a call from a parole officer to do interviews. Basically, the interview was centered around what type of support they are willing to provide, and will they be helping him stay on the right path basically.

That all happened much faster than we expected, which makes us hopeful that the transfer could all go through sooner than we think.

My advice to you would just be to have your husband apply for it. Either way, worse case scenario at that point would be that he serves his whole sentence in the US. If it goes through before all that, then you're in a much better place regardless. Good luck!
awe ! the struggle my ex was born in Canada raised in California , he did the whole transfer treaty , it took about a yr n half , California sign his paper quick , Canada was taking for ever his family in Canada kept writing to the minister sorry they have different names but all u need is patience , once Canada approves his transfer he went from a state prison to a federal prison , once he got to Canada he did a total of 3 months n got released , his sentence here in California was 8years he did 4 years . Canada laws are way different from California. good luck , all you can do is have ur hubby write the prime mister of parole in Canada n find out what's the status
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Old 06-20-2016, 08:14 PM
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Originally Posted by LOVINGBREED View Post
awe ! the struggle my ex was born in Canada raised in California , he did the whole transfer treaty , it took about a yr n half , California sign his paper quick , Canada was taking for ever his family in Canada kept writing to the minister sorry they have different names but all u need is patience , once Canada approves his transfer he went from a state prison to a federal prison , once he got to Canada he did a total of 3 months n got released , his sentence here in California was 8years he did 4 years . Canada laws are way different from California. good luck , all you can do is have ur hubby write the prime mister of parole in Canada n find out what's the status
Your post, gives a lot of HOPE for those applying or waiting on a decision.
Thank you for sharing
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Old 08-24-2016, 10:37 AM
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we applied in early July 2015, interviewed in August 2015 by Parole Board, approved in November 2015 by US.... still waiting 13 months later. Tons of letters, phone calls, personal meetings with MP, weekly calls to analysts, but we are "STILL IN PROGRESS" whatever that means. I have not given up, although extremely disappointed in the Canadian Government. Yes, he ended up being incarcerated but he has already done 5 years, past the 2/3 mandatory release in Canada, has 22 months left. I feel that the Government does nothing much for CANADIANS abroad... as they like to call them... Our loved ones are only numbers to them. They are the lowest on the totem pole. Lower than marijuana issues. I trust no one. I am waiting for my partner's letter and then I will be writing to our PM. It will be an eye opener for his staff when I talk about what we have been though, how we have been treated and that under the International Transfer of Offenders Act (ITOA), we have not been heard. One of the purposes of the act is "it is also intended to alleviate hardships associated with service sentences in a foreign country, and to facilitate eventual reintegration into the community". this act is found under the Government of Canada and Correctional Service Canada... Legislation and Policy.

There is so little information on the internet about treaty transfer. Just on ours and the US website but they are basically saying the same thing.

Another interesting fact, if your person is in the US, and in a private facility, which my partner is... The US' Deputy Attorney General, Sally Q. Yates, sent out a memorandum to the Federal Bureau of Prisons stating that the level of safety and security at private facilities is not at the same level as the state/government run facilities and has decided to reduce/close the use of private prisons. This will be a slow process as well but it may help someone here to know.

There is also articles in the Washington Post from last week. I have other articles (not many about the treaty transfer)

Anytime anything is mentioned, it falls on "deaf" ears. They just don't care. They care more about other foreigners than their own Canadian people.

The Canadian Consulate is also not really helpful in anyway.

I am hoping to hear something on a positive note in the next month. 3 other Canadians, one whom the government wanted here to testify on their behalf (transfer done in 3 months... imagine that); another who got their "package" to be transferred in December is refusing as his sentence is up in February; and a 3rd person, (who applied and was granted acceptance from the US at the same time as my partner), has already served half and was approved by Canada to go back in December. My partner has served much more time and we have no clue what is transpiring with out government.

In February, in speaking the MP's office, I was told there was a long que and that my partner was in the que. I was told that they are going in order of the que. I don't believe them for one minute. Otherwise he would be getting his package to come home.

If anyone has any other ideas, contacts or information to assist. It would be appreciated.

We, the family are being punished much more than the person who committed the crime, and has done the time.

When is forgiveness of a first ever mistake going to happen; when will we not be judged; when someone walks in our shoes and feels our pain, that is when. I do not know how I would have felt if it was someone else's loved one in this position. I look at things much differently now in all aspects of life.

Perhaps our government should start to learn some lessons and have compassion. Help those in need by providing them with what they need.

thank you for listening
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  #7  
Old 01-24-2017, 08:30 PM
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Hi there,

Has there been any movement on your loved one's treaty transfer?

Quote:
Originally Posted by sneath View Post
we applied in early July 2015, interviewed in August 2015 by Parole Board, approved in November 2015 by US.... still waiting 13 months later. Tons of letters, phone calls, personal meetings with MP, weekly calls to analysts, but we are "STILL IN PROGRESS" whatever that means. I have not given up, although extremely disappointed in the Canadian Government. Yes, he ended up being incarcerated but he has already done 5 years, past the 2/3 mandatory release in Canada, has 22 months left. I feel that the Government does nothing much for CANADIANS abroad... as they like to call them... Our loved ones are only numbers to them. They are the lowest on the totem pole. Lower than marijuana issues. I trust no one. I am waiting for my partner's letter and then I will be writing to our PM. It will be an eye opener for his staff when I talk about what we have been though, how we have been treated and that under the International Transfer of Offenders Act (ITOA), we have not been heard. One of the purposes of the act is "it is also intended to alleviate hardships associated with service sentences in a foreign country, and to facilitate eventual reintegration into the community". this act is found under the Government of Canada and Correctional Service Canada... Legislation and Policy.

There is so little information on the internet about treaty transfer. Just on ours and the US website but they are basically saying the same thing.

Another interesting fact, if your person is in the US, and in a private facility, which my partner is... The US' Deputy Attorney General, Sally Q. Yates, sent out a memorandum to the Federal Bureau of Prisons stating that the level of safety and security at private facilities is not at the same level as the state/government run facilities and has decided to reduce/close the use of private prisons. This will be a slow process as well but it may help someone here to know.

There is also articles in the Washington Post from last week. I have other articles (not many about the treaty transfer)

Anytime anything is mentioned, it falls on "deaf" ears. They just don't care. They care more about other foreigners than their own Canadian people.

The Canadian Consulate is also not really helpful in anyway.

I am hoping to hear something on a positive note in the next month. 3 other Canadians, one whom the government wanted here to testify on their behalf (transfer done in 3 months... imagine that); another who got their "package" to be transferred in December is refusing as his sentence is up in February; and a 3rd person, (who applied and was granted acceptance from the US at the same time as my partner), has already served half and was approved by Canada to go back in December. My partner has served much more time and we have no clue what is transpiring with out government.

In February, in speaking the MP's office, I was told there was a long que and that my partner was in the que. I was told that they are going in order of the que. I don't believe them for one minute. Otherwise he would be getting his package to come home.

If anyone has any other ideas, contacts or information to assist. It would be appreciated.

We, the family are being punished much more than the person who committed the crime, and has done the time.

When is forgiveness of a first ever mistake going to happen; when will we not be judged; when someone walks in our shoes and feels our pain, that is when. I do not know how I would have felt if it was someone else's loved one in this position. I look at things much differently now in all aspects of life.

Perhaps our government should start to learn some lessons and have compassion. Help those in need by providing them with what they need.

thank you for listening
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Old 02-22-2017, 10:35 PM
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I have a question my BF has started his treaty transfer from Moshannon valley correction center in PA a private center he had a 60 month sentence and completed 48 he is presently in the first stages as he's been transferred so far to Brooklyn then towards ray brook till finally Canada when he gets to receiving in st Anne des plaines archambault location in Quebec does anybody know how long before release as he is eligible for full parole as of nov last year
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Old 02-23-2017, 08:04 AM
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Welcome to Prison Talk. Be sure to check the Canadian prison forums for answers to your treaty transfer questions.
http://www.prisontalk.com/forums/forumdisplay.php?f=76
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Old 01-25-2018, 07:08 PM
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I am wondering if anyone has any information regarding treaty transfer to foreign countries. Especially in terms of the time line.
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Old 01-25-2018, 09:32 PM
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I am wondering if anyone has any information regarding treaty transfer to foreign countries. Especially in terms of the time line.
Lousy answer but time line depends. Where from and where to?

Transfer is a federal process. Some basic info https://www.bop.gov/inmates/custody_..._transfers.jsp and some detailed info if you want to slog through it https://www.justice.gov/criminal-oeo...ansfer-program

If a federal prisoner the DOJ transfer unit investigates and decides. 6 months, maybe more maybe less. The receiving country also has to approve. Presumably their investigation and decision proceeds in parallel on similar timeline, but who knows. If approved by both countries there is a court hearing, then inmate is moved to one of a few federal prisons they are transferred from. They are then sent to receiving country from that final prison.

Majority go to Canada, maybe 100 per year, so they send them quarterly as volume justifies it. It is reasonable to assume that federal transfer to Canada can be done in about one year start to finish.

However if a state inmate, the specific state sticks their nose into it. State generally does the investigation - adding time. If they approve, DOJ approves unless there is something egregious. Once approved by both there are procedures involving transferring inmate from state prison to federal prison. Adds months to the process.

And what if they are transferring to some country that takes one inmate every few years? They don't transfer quarterly, they transfer on their own schedule. Who knows, if transfer to Poland it maybe adds a year.

If from Feds to Canada, maybe a year.

If from a state to some small country that rarely does "business" with us you might have a 2 or 3 year process.
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Old 01-25-2018, 10:12 PM
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Quote:
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Lousy answer but time line depends. Where from and where to?

Transfer is a federal process. Some basic info https://www.bop.gov/inmates/custody_..._transfers.jsp and some detailed info if you want to slog through it https://www.justice.gov/criminal-oeo...ansfer-program

If a federal prisoner the DOJ transfer unit investigates and decides. 6 months, maybe more maybe less. The receiving country also has to approve. Presumably their investigation and decision proceeds in parallel on similar timeline, but who knows. If approved by both countries there is a court hearing, then inmate is moved to one of a few federal prisons they are transferred from. They are then sent to receiving country from that final prison.



Majority go to Canada, maybe 100 per year, so they send them quarterly as volume justifies it. It is reasonable to assume that federal transfer to Canada can be done in about one year start to finish.

However if a state inmate, the specific state sticks their nose into it. State generally does the investigation - adding time. If they approve, DOJ approves unless there is something egregious. Once approved by both there are procedures involving transferring inmate from state prison to federal prison. Adds months to the process.

And what if they are transferring to some country that takes one inmate every few years? They don't transfer quarterly, they transfer on their own schedule. Who knows, if transfer to Poland it maybe adds a year.

If from Feds to Canada, maybe a year.

If from a state to some small country that rarely does "business" with us you might have a 2 or 3 year process.
He is in federal with a release date of 5/2019. He will be deported 110%. Citizen of Israel. Thanks for your lengthy answer!
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Old 01-25-2018, 10:39 PM
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He is in federal with a release date of 5/2019. He will be deported 110%. Citizen of Israel. Thanks for your lengthy answer!
Because Israel, likely more than a one year process. My opinion it won't happen. Apply anyway. But treaty requirements typically specify minimum 6 months left to serve. Which is silly since transfers are never that quick.

It would be preferable he spends his time in Israel, better for him. There just may not be enough time given he has just over one year left to serve. DOJ will probably look at that and decide it's not worth it.

Good luck though.
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Old 01-25-2018, 10:51 PM
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He applied today. I agree better for him in Israel than here. Thanks for fast response. Are you an attorney? You know an awful lot!
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Old 01-26-2018, 12:06 PM
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He applied today. I agree better for him in Israel than here. Thanks for fast response. Are you an attorney? You know an awful lot!
No. I just found as you likely did there is not much information or help. I did hire experienced help but learned they really didn't know much. I researched on my own. There are basic requirements he must meet:

Must be a national of the country seeking transfer;
Offense must also be a crime in the receiving country (dual criminality);
Judgment and sentence must be final;
No pending appeals;
Sentencing country, receiving country, and prisoner all consent;
Minimum period of time must remain to be served. They say 6 months although I doubt anyone with less than a year remaining would have any chance.

Other than that investigation is supposed to focus on determining where rehabilitation is most likely to be best served. Presumption is home around supporting family. Israel for him. If evidence of that is strong it favors him. There are guidelines (where has he lived, where is family - they will likely be contacted and interviewed BTW, criminal history etc) but investigators are given a fair bit of discretion. It is subjective.
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