Haghparast-Rad v. Commissioner of Corrections (Can.) et al., (2015) 339 O.A.C. 233 (CA)

• Judge: Feldman, Rouleau and Watt, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: April 08, 2015
• Jurisdiction: Ontario
• Citations: (2015), 339 O.A.C. 233 (CA);2015 ONCA 653

Haghparast-Rad v. Corrections Commr. (2015), 339 O.A.C. 233 (CA)

MLB headnote and full text

Temp. Cite: [2015] O.A.C. TBEd. SE.022

Sam Haghparast-Rad (appellant) v. The Commissioner of Corrections and the National Advisor Sentence Management and the Senior Manager International Transfers and the Attorney General of Canada and the Warden of Collins Bay Institution (respondents)

(C59528; 2015 ONCA 653)

Indexed As: Haghparast-Rad v. Commissioner of Corrections (Can.) et al.

Ontario Court of Appeal

Feldman, Rouleau and Watt, JJ.A.

September 28, 2015.

Summary:

The appellant was a Canadian citizen who was convicted in Japan of two drug smuggling offences, one which was contrary to Japan's Stimulant Drug Control Law (the drug offence), and another which was contrary to Japan's Customs Law (the customs offence). The Japanese court sentenced the appellant to 13 years' imprisonment for the drug offence and a fine of four million yen for the customs offence. Because the appellant could not pay the fine, he was detained in a prison workhouse for 400 days. His 13 year sentence was paused while he served those 400 days. Subsequently, the appellant was transferred to serve the remainder of his sentence in Canada pursuant to the International Transfer of Offenders Act. His 13 year sentence was adapted to 10 years, the maximum Canadian sentence for the offence in question. In calculating the appellant's warrant expiry date, Canada did not credit the 400 days he had spent in the prison workhouse. The appellant's application for habeas corpus was dismissed. He appealed.

The Ontario Court of Appeal dismissed the appeal.

Prisons - Topic 1026

Administration - Powers re prisoners - Transfers (incl. international transfers) - The appellant, a Canadian citizen, was convicted in Japan of a drug offence and a customs offence - He was sentenced to 13 years' imprisonment for the drug offence and a fine of four million yen for the customs offence - Because he was unable to pay the fine, he was detained in a prison workhouse for 400 days - His 13 year sentence was paused while he served those 400 days - Upon being transferred to serve the remainder of his sentence in Canada, the appellant's 13 year sentence was adapted to 10 years, the maximum Canadian sentence for the drug offence - In calculating the appellant's warrant expiry date, Canada did not credit the 400 days he had spent in the prison workhouse - The appellant's application for habeas corpus was dismissed - The Ontario Court of Appeal dismissed the appellant's appeal - The appellant's Japanese sentence was lawfully implemented in Canada in accordance with the International Transfer of Offenders Act - The judgment of the Japanese court provided that the fine was separate from the custodial sentence - The period spent in the workhouse was therefore not credited to the sentence for the drug offence - Canada had to respect the substance of the sentence imposed by Japan - The "fine" element of the sentence was already satisfied before the transfer occurred - Only the penal sentence was transferred.

Cases Noticed:

Khadr v. Edmonton Institution (Warden) et al. (2014), 577 A.R. 62; 613 W.A.C. 62; 313 C.C.C.(3d) 491; 2014 ABCA 225, affd. (2015), 471 N.R. 204; 593 A.R. 1; 637 W.A.C. 1; 322 C.C.C.(3d) 465; 2015 SCC 26, refd to. [para. 16].

Counsel:

Sam Haghparast-Rad, acting in person;

David Aaron, for the Attorney General of Canada.

This appeal was heard on April 8, 2015, before Feldman, Rouleau and Watt, JJ.A., of the Ontario Court of Appeal. Rouleau, J.A., delivered the following judgment for the court on September 28, 2015.