In Divito v. Canada (Public Safety and Emergency Preparedness), 2013 SCC 47, handed down yesterday, the Supreme Court of Canada was unanimous in upholding the International Transfer of Offenders Act against (a long-shot) constitutional challenge. But the judges mapped out two different routes to that conclusion, evidence I think of difficulty in tracing the contours of the right at issue. Understanding these two routes is important, because it will have an effect on how the Act is treated in future cases. Not all of what follows is in my core area of expertise, so I welcome comments.