Extradition Lawyers in Canada

Section 9(1) designates the members of the Commonwealth and the other States or entities named in the schedule to the Act as extradition partners. A request comes from one of them.

Section 3(1) then sets two tests. First, the offence for which extradition is requested must be punishable by the extradition partner by imprisoning or otherwise depriving the person of their liberty for a maximum term of two years or more, or by a more severe punishment, subject to a relevant extradition agreement. Second, the conduct, had it occurred in Canada, must have constituted an offence punishable in Canada by imprisonment for a maximum term of five years or more in the case of a request based on a specific agreement, and two years or more in any other case.

Section 3(2) says it is not relevant whether the extradition partner names, defines or characterizes the conduct in the same way as Canada does. Section 3(3) deals with a person who has already been sentenced. Subject to a relevant extradition agreement, that person may be extradited only if the portion of the term remaining is at least six months long or a more severe punishment remains to be carried out.

Under section 15(1), after receiving a request for extradition, the Minister may issue an authority to proceed if satisfied that the conditions in section 3 are met. The authority to proceed authorizes the Attorney General to seek, on behalf of the extradition partner, an order of a court for the committal of the person under section 29. If two or more partners ask for the same person, the Minister decides the order in which the requests proceed.

Under section 16(1), the Attorney General may then apply ex parte to a judge for the issuance of a summons to the person or a warrant for the arrest of the person. Section 17(1) says a person who is arrested is to be brought before a judge or a justice within twenty-four hours, or as soon as possible if none is available. Under section 18(1), the judge may order the release of the person, with or without conditions, or their detention in custody. Section 19 applies Part XVI of the Criminal Code, with any modifications that the circumstances require.

Under section 23(3), the Minister may at any time withdraw the authority to proceed. If the Minister does so, the court shall discharge the person and set aside any order made respecting their release or detention.

Section 24(1) says the judge shall, on receipt of an authority to proceed from the Attorney General, hold an extradition hearing. For a person sought for prosecution, section 29(1) says the judge shall order the committal of the person into custody to await surrender if there is evidence admissible under the Act of conduct that, had it occurred in Canada, would justify committal for trial in Canada on the offence set out in the authority to proceed, and the judge is satisfied that the person is the person sought.

For a person sought for the imposition or enforcement of a sentence, the judge must be satisfied that the conviction was in respect of conduct that corresponds to the offence set out in the authority to proceed and that the person is the person who was convicted. Under section 29(3), a judge who does not order committal shall order the person discharged.

Section 25 gives a judge, for the purposes of the Constitution Act, 1982, the same competence in applying the Act that the judge possesses by virtue of being a superior court judge. A lawyer can explain how Charter rights, such as the right under section 10 to retain and instruct counsel without delay on arrest or detention, apply at each stage.

Committal is not the last step. Under section 40(1), the Minister may, within a period of 90 days after the date of a person's committal to await surrender, personally order that the person be surrendered to the extradition partner. Under section 43(1), the person may make submissions to the Minister on any ground relevant to the decision at any time before the expiry of 30 days after the date of the committal. Section 40(3) lets the Minister seek assurances from the extradition partner, or subject the surrender to conditions.

Section 44(1) says the Minister shall refuse to make a surrender order if satisfied that the surrender would be unjust or oppressive having regard to all the relevant circumstances, or that the request is made for the purpose of prosecuting or punishing the person by reason of race, religion, nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability or status. Section 44(2) says the Minister may refuse if the conduct is punishable by death under the laws that apply to the extradition partner.

Section 47 lists further grounds on which the Minister may refuse. They include that the person was convicted in their absence and could not, on surrender, have the case reviewed, and that the conduct is the subject of criminal proceedings in Canada against the person. If the Minister decides not to make a surrender order, section 48(1) says the Minister shall order the discharge of the person.

Under section 49, a person may appeal an order of committal to the court of appeal of the province in which the order was made. The appeal may be on a ground that involves a question of law alone. A ground involving a question of fact, or of mixed law and fact, needs leave of the court of appeal or a judge of that court, and so does any other ground that appears to the court to be sufficient.

Section 50(1) says notice of appeal, or of an application for leave to appeal, must be given not later than 30 days after the decision of the judge, and section 50(2) lets the court of appeal or a judge of it extend that time. On the hearing of an appeal, section 53 says the court of appeal may allow it if the order of committal is unreasonable or cannot be supported by the evidence, if it was a wrong decision on a question of law, or if there was a miscarriage of justice on any ground.

The Minister's decision under section 40 is reviewed differently. Section 57(1) gives the court of appeal of the province in which the committal was ordered exclusive original jurisdiction to hear applications for judicial review of that decision. Under section 57(3), the application shall be made within 30 days after the decision was first communicated by the Minister to the person, or within any further time that the court of appeal may fix or allow.

Legal Aid Ontario describes its criminal legal services for people charged with a crime that could mean jail on conviction. Whether it can help with an extradition matter is a question for Legal Aid Ontario. Applications are online or by phone at 1-800-668-8258.

The Law Society of Ontario keeps a public Lawyer and Paralegal Directory, where a lawyer's licence can be looked up. The Ontario lawyers on this site are listed by city. Nothing on this page ranks or recommends any of them.