Pierino Divito v. Minister of Public Safety and Emergency Preparedness (February 18, 2013)
Case # 34128
The appellant Mr. Divito has been a Canadian citizen since 1980. In 1995, a Canadian court convicted him of serious drug related offences. While he was serving his sentence, American authorities requested his extradition to the U.S. to face drug related charges. Canada extradited Mr. Divito in June 2005 after he had served his sentence in Canada. While in the United States, Mr. Divito pleaded guilty to the charges. In 2006, he applied for a transfer back to Canada, which was approved by the American authorities. The request was however refused by the Canadian minister. The appellant’s second request was also denied.The appellant claims the denial infringes his mobility rights under the Charter.