CONSTITUTIONAL LAW
Charter of Rights
Mobility Rights
Judicial review of determination male applicant, Canadian permanent resident serving prison sentence in U.S.A., not eligible for transfer to Canada—Applicants seeking declaration limitation in International Transfer of Offenders Act (ITO Act) to Canadian citizens violates Canadian Charter of Rights and Freedoms, s. 15—ITO Act, s. 2 in accord with Charter, s. 6 (right of permanent resident to move to, reside in, work in any province)—Thus could not infringe Charter, s. 15—In any event, not infringing s. 15, but if did, saved by Charter, s. 1—Application dismissed—International Transfer of Offenders Act, S.C. 2004, c. 21—Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 1, 6, 15.
Catenacci v. Canada (Attorney General) (T-822-05, 2006 FC 539, Phelan J., judgment dated 28/4/06, 39 pp.)