Pubdate: Tue, 01 Mar 2005 Source: National Post (Canada) Copyright: 2005 Southam Inc. Contact: http://www.nationalpost.com/ Details: http://www.mapinc.org/media/286 Author: Michael Friscolanti DRUG-RUNNER IN U.S. JAIL TAKES OTTAWA TO COURT Government Refuses To Allow Resident To Serve Sentence In Canada TORONTO - An Ontario resident imprisoned in the United States for his role in a cross-border drug trafficking ring is taking the federal government to court for refusing to let him serve the rest of his sentence in Canada. According to longstanding international treaties, Canadians jailed abroad are often granted permission to transfer to local penitentiaries, but Maurizio Catenacci's case exposes a possible loophole that could force Ottawa to rewrite the laws. Although he has lived in the Toronto area as a permanent resident since he was two years old, the Italian national is not a Canadian citizen, so the government says it is under no obligation to help bring him back. Catenacci and his wife, Nancy, have asked the Federal Court to overturn Ottawa's denial, claiming it violates his Charter rights and the rights of all Canadian permanent residents imprisoned in foreign countries. "He is Canadian," Mrs. Catenacci said. "Yes, unfortunately he is not a Canadian on paper, but he is a Canadian in every other sense of the word." The 40-year-old luxury car salesman first made headlines in December, 2003, when he pleaded guilty in a Virginia court and was sentenced to 46 months in prison for conspiring with others to traffic cocaine into Canada. Among his accomplices indicted in the drug ring was Daniele Cappa, Catenacci's brother-in-law and a former senior operations manager at Pearson International Airport. Authorities discovered that Cappa was using his high-level security clearance to transport drug money through customs and other checkpoints - in one instance giving Catenacci US$180,000 to fly to Miami. The cash was later used to buy cocaine. Since pleading guilty to a single charge, Catenacci has been locked away at Ohio's Elkton Federal Correctional Facility. In January, he applied for permission to return to Canada. American authorities did not object, but immigration officials here refused to grant him the necessary travel documents because he is a permanent resident. According to The International Transfer of Offenders Act, only citizens are eligible to relocate to Canadian prisons. Barbara Jackman, Catenacci's lawyer, is demanding that the Act and two other relevant pieces of legislation be rewritten to give equal standing to permanent residents. The status quo, she wrote in her court filing, "is discriminatory and arbitrary." Mrs. Catenacci said her husband of 16 years came to Canada as a young boy, but never applied for citizenship because he always assumed his mother had done it for him. A father of two sons, Catenacci lived in Newmarket, and was a dedicated minor hockey coach before being arrested and extradited to the U.S. to face charges. Until then, he had no criminal record. He is eligible for parole in August, 2006, but his family hopes the Canadian government will reverse its decision and allow him to serve the rest of his sentence closer to home. "My kids have missed out on a lot not having their dad home," said Mrs. Catenacci, 38. "We've suffered and it's time to put our family back together." She said she understands that many Canadians will have little sympathy for her plight. But she insists her husband "was in the wrong place at the wrong time," and felt so remorseful about his criminal activities that he stopped long before he was ever arrested. "I would not try to change peoples' opinions," she said. "All I can say is: 'Meet my husband.' He is not a bad person." Neither the Ministry of Citizenship and Immigration nor Correctional Services Canada would comment specifically on the court battle, but spokespeople for both departments said the law is clear: Only Canadians can apply to transfer home from foreign prisons. - --- MAP posted-by: Beth