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by Mike Caswell

Former Vancouver lawyer Martin Chambers, who is serving a 16-year sentence in the United States for money laundering, could soon be a free man. A judge in the Supreme Court of British Columbia has declared that he is being unlawfully detained. The only reason Mr. Chambers, 74, is still in jail is because of an erroneous interpretation of international prisoner transfer rules, the judge has found.

The ruling stems from a request Mr. Chambers made to transfer to a Canadian prison last year. He received approval from U.S. authorities for the transfer on Sept. 4, 2013, but Canada refused to accept him. The Correctional Service said if he were to return home, he would have to serve the equivalent Canadian sentence for his crime, but that sentence would have already ended. Since he had no sentence to serve, it would not consent to his transfer.

Mr. Chambers complained that the Correctional Service's position was completely unreasonable, and a judge has now agreed. In a very brief court order handed down on Friday, July 4, a judge has ruled that Mr. Chambers has been and continues to be unlawfully detained according to Canadian law. The order also states that his Charter rights have been breached because of an erroneous interpretation of the rules surrounding the international transfer of prisoners. Although the judge did not directly grant Mr. Chambers his freedom, the outcome of his return to Canada would be his release.

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