Reasons for Judgment — McLachlin C.J. (Abella, Rothstein, Cromwell, Moldaver, Karakatsanis, Wagner, Gascon and Côté JJ. concurring)
The Chief Justice — The only issue on this appeal is what correctional facility Mr. Khadr should be placed in. This is a question of statutory interpretation. Simply put, if Mr. Khadr’s eight-year sentence is treated as a single global sentence for all the offences to which he pleaded guilty, the sentence is under the minimum for an adult sentence, with the result that s. 20 (a)(ii) of the International Transfer of Offenders Act , S.C. 2004, c. 21 (“ITOA ”), applies and his sentence is to be served in a provincial facility.
On the submissions before us, we are of the view that a proper interpretation of the relevant legislation does not permit Mr. Khadr’s eight-year sentence to be treated as five distinct eight-year sentences to be served concurrently. For the purposes of placement, whatever interpretation is taken of the provisions, s. 20 (a) of the ITOA applies in this case, with the result that placement should be in a provincial correctional facility.
Accordingly, we would dismiss the appeal with costs and confirm the order of the Alberta Court of Appeal that Mr. Khadr’s sentence is a youth sentence to be served in a provincial correctional facility for adults.
Footnotes
- [1] * A revised judgment was issued on May 28, 2015, amending para. 3. The amendments are included in this judgment.