The Supreme Court will decide whether the federal government's refusal to repatriate a Canadian prisoner violates his mobility rights guaranteed by the Charter of Rights and Freedoms.
The case in question is that of Pierino Divito, who became a Canadian citizen in 1980.
Divito, identified as a member of an organized crime group, was convicted of serious drug-related charges by a Canadian court in 1995, and pleaded guilty to other drug-related charges in the United States in 2005.
He requested a transfer back to Canada, which was approved by the U.S. authorities but denied by the Canadian public safety minister, who ruled his return would threaten the safety of Canadians and the security of Canada.
Divito's case will be heard at a future session.
