Elliott v. Canada (Public Safety)
DEREK ELLIOTT
Law Firm / Organization
Stockwoods LLP
Law Firm / Organization
Independent
Lawyer(s)

Alan D. Gold

MINISTER OF PUBLIC SAFETY
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Jacob Blackwell

  • Background: Derek Elliott, a Canadian citizen, appealed a decision refusing to process his request under the International Transfer of Offenders Act (ITOA), following his conviction in the United States.

  • Issues: The case focused on the interpretation of "Canadian offender" under the ITOA and whether the refusal to process Elliott's transfer request was reasonable.

  • Outcome: The Federal Court set aside the decision and remitted it back to the Minister for reconsideration. The court found the Minister's decision to be inadequately justified and possibly based on a misapprehension of Elliott's circumstances. Elliott's assertion that he should be considered a "Canadian offender" under the ITOA, despite not being physically detained in a foreign country, raised questions about the definition's interpretation. The court emphasized the importance of a decision maker's obligation to meaningfully address key issues and arguments raised by applicants.

  • No financial terms specified.

Federal Court
T-889-22
Criminal law
Applicant
02 May 2022