Committal, Reception and Transfer of Prisoners

COMMITTAL, RECEPTION AND
TRANSFER OF PRISONERS

3. Warrant of committal - Where a person is sentenced or committed to imprisonment in a prison, it is sufficient compliance with the law, notwithstanding anything in the Criminal Code, if the warrant of committal states that the person was sentenced or committed to imprisonment in a prison for the term in question, without stating the name of any particular prison.
[RS, cP-21, s3; 1976-77, c53, s45]

4. (1) [Repealed, RS, 1985, c35 (2nd Supp), s30]
(2) Transfers between provinces - The governments of the provinces may enter into agreements with one another providing for the transfer of prisoners from a prison in one province to a prison in another province.
(3) Effect of transfer - A prisoner transferred under an agreement made pursuant to subsection (2) shall be deemed to be lawfully confined in the receiving prison and is subject to all the statutes, regulations and rules applicable in the receiving prison.
[RS, 1985, cP-20, s4; RS, 1985, c35 (2nd Supp), s30]

*Judicial Consideration* -

R v Tarchuk- (1928) 40 BCR 398, [1928] 3 WWR 577 (BCSC)
	-The Criminal Code, RSC, 1927, c36, s1056 authorized a judge to sentence a prisoner under the Criminal Code to a specific prison and by virtue of s4 of the Prisons and Reformatories Act, RSC, 1927, c163, the federal or provincial Cabinets were authorized to remove that prisoner for cause to another prison. Consequently, provincial legislation (s33 of the Police and Prisons Regulation Act, RSBC, 1924, c195) which purported to authorize certain other provincial officials to remove such prisoners to other prisons was held ultra vires (enacted without jurisdiction) as infringing on a field of law already occupied by federal legislation, and a prisoner so moved under the provincial legislation was granted a writ of habeas corpus.

5. (1) [Repealed, 1992, c. 20, s. 205]
(2) [Repealed, 1992, c. 20, s. 205]
(3) Effect of transfer - Any person transferred under this section or under an agreement made pursuant to lawful authority is deemed to be lawfully confined in the receiving prison and is subject to all the statutes, regulations and rules applicable in the receiving prison.
[RS, 1985, cP-20, s5; RS, 1985, c35 (2nd Supp), s31; 1992, c20, s205; 1995, c42, s81]

*Judicial Consideration* -

Re Christianson- (1950), 98 CCC 254 (BCSC) -
	-The words "unexpired portion of the term of imprisonment" and "residue of such term" in section 147C were judicially interpreted to refer only to the definite portion of a sentence so that a prisoner sentenced to a definite and indeterminate sentence in New Haven and subsequently transferred under this section to Oakalla would be entitled to his release on habeas corpus on completion of the definite portion of his sentence. The subsequent amendment of this section by Bill 318 on June 29, 1950 to specify that the term would also include the indeterminate portion was held to be prospective in effect, i.e. applicable only to cases arising after its enactment, as an enactment divesting vested rights and not merely a procedural or declaratory enactment which could be construed retroactively. Consequently, prisoners transferred to Oakalla prior to the amendment who had a vested right to serve their indeterminate sentence in New Haven would be entitled to their release on habeas corpus on completion of the definite portion of their sentences. [This case was decided under 5147C enacted by SC 1948, c26, 51.]
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