Person sought for different crime

Canada

Canada - Extradition Act 1999 (2005)

PART 2

EXTRADITION FROM CANADA

ORDER OF SURRENDER

64. Postponement of surrender

(1) Unless the Minister orders otherwise, a surrender order made in respect of a person accused of an offence within Canadian jurisdiction or who is serving a sentence in Canada after a conviction for an offence, other than an offence with respect to the conduct to which the order relates does not take effect until the person has been discharged, whether by acquittal, by expiry of the sentence or otherwise.

PART 2

EXTRADITION FROM CANADA

ORDER OF SURRENDER

64. Offence before or after surrender

(2) For greater certainty, the person need not have been accused of the offence within Canadian jurisdiction before the surrender order was made.

PART 2

EXTRADITION FROM CANADA

ORDER OF SURRENDER

65. Return to Canada

If a person returns to Canada after surrender before the expiry of a sentence that they were serving in Canada at the time of surrender, the remaining part of the sentence must be served.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Temporary surrender

(1) The Minister may order the temporary surrender to an extradition partner of a person who is ordered committed under section 29 while serving a term of imprisonment in Canada so that the extradition partner may prosecute the person or to ensure the person’s presence in respect of appeal proceedings that affect the person, on condition that the extradition partner give the assurances referred to in subsections (3) and (4).

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Time limits

(2) An order of temporary surrender is subject to the time limits set out in subsections 40(1) and (5) and paragraph 41(1)(c).

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Assurances

(3) The Minister may not order temporary surrender under subsection (1) unless the extradition partner gives an assurance that the person will remain in custody while temporarily surrendered to the extradition partner and

(a) in the case of temporary surrender for a trial, that the person will be returned within 30 days after the completion of the trial, unless a relevant extradition agreement provides for another time limit; and
(b) in the case of temporary surrender for an appeal, that the person will be returned within 30 days after the completion of the proceedings for which the presence of the person was required, unless a relevant extradition agreement provides for another time limit.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Time limit

(4) The Minister may require the extradition partner to give an assurance that the person will be returned no later than a specified date or that the person will be returned on request of the Minister.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Assurances in extradition agreements

(5) Any assurance referred to in subsections (3) and (4) that is included in a relevant extradition agreement need not be repeated as a specific assurance.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Final surrender after temporary surrender

(6) A person shall, subject to subsection (7), be surrendered to the extradition partner without a further request for extradition after the person

(a) has been temporarily surrendered;
(b) has been convicted by the extradition partner and had a term of imprisonment imposed on them;
(c) has been returned to Canada under subsection (4); and
(d) has finished serving the portion of the sentence that they were serving in custody in Canada at the time of the temporary surrender, unless the Minister orders that they be surrendered earlier.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. No final surrender if circumstances warrant

(7) The Minister may, in circumstances that the Minister considers appropriate, revoke the surrender order and order the discharge of the person.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Notice

(8) The authority who has custody of the person to be surrendered under subsection (6) shall give the Minister reasonable notice of the time when the portion of the person’s sentence to be served in custody is to expire.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Final surrender when Canadian sentence expires

(9) When the sentence that the person is serving in Canada expires during the period during which the person is temporarily surrendered to an extradition partner, the surrender is considered to be a final surrender.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Waiver of return

(10) The Minister may, after consultation with the Minister of Public Safety and Emergency Preparedness or the appropriate provincial minister responsible for corrections, waive the return of the person by the extradition partner.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Final surrender despite subsection 3(3)

(11) A person may be surrendered under subsection (6) even if the term of imprisonment imposed by the extradition partner, or the portion of the term remaining to be served, is less than that required by subsection 3(3).
1999, c. 18, s. 66; 2005, c. 10, s. 34.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER

67. Order for surrender

An order of surrender prevails over a prior warrant or other order under which the person to whom it applies is otherwise detained in Canada or at liberty under terms and conditions.

PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER

68. Calculation of sentence

For the purposes of calculating a sentence that a person to whom an order of temporary surrender applies is serving in Canada at the time of the temporary surrender, the person

(a) is credited with any time that is served in custody outside Canada under a temporary surrender order; and
(b) remains eligible for remission in accordance with the laws of the correctional system under which the person was serving the sentence in Canada.

Canada - Mutual Legal Assistance in Criminal Matters Act 1985 (2015) EN/FR

Mutual Legal Assistance in Criminal Matters Act

International Criminal Court

Transfer of Detained Persons

24. (1) When the Minister approves a request of a state or entity to have a detained person who is serving a term of imprisonment in Canada transferred to the state or entity, the Minister shall provide a competent authority with any documents or information necessary to apply for a transfer order.

(2) The competent authority who is provided with the documents or information shall apply for a transfer order to a judge of the province in which the person is detained.

(3) An application made under subsection (2) must

(a) state the name of the detained person;

(b) state the place of confinement of the detained person;

(c) designate a person or class of persons into whose custody the detained person is sought to be delivered;

(d) state the place to which the detained person is sought to be transferred;

(e) state the reasons why the detained person is sought to be transferred; and

(f) specify a period of time at or before the expiration of which the detained person is to be returned.

25. (1) If the judge to whom an application is made under subsection 24(2) is satisfied, having considered, among other things, any documents filed or information given in support of the application, that the detained person consents to the transfer and that the state or entity has requested the transfer for a fixed period, the judge may make a transfer order.

(2) A judge to whom an application is made under subsection 24(2) may order that the detained person be brought before him so that that person may be examined with respect to the transfer.

(3) A transfer order made under subsection (1) must

(a) set out the name of the detained person and his place of confinement;

(b) order the person who has custody of the detained person to deliver him into the custody of a person who is designated in the order or who is a member of a class of persons so designated;

(c) order the person receiving the detained person into custody under paragraph (b) to take him or her to the state or entity and, on the return of the detained person to Canada, to return that person to the place of confinement where he or she was when the order was made;

(d) state the reasons for the transfer; and

(e) fix the period of time at or before the expiration of which the detained person must be returned.

(4) A transfer order made under subsection (1) may include any terms or conditions that the judge making it considers desirable, including those relating to the protection of the interests of the detained person.

26. For the purposes of Parts I and II of the Corrections and Conditional Release Act and the Prisons and Reformatories Act, a detained person who is not in the place of confinement from which he was delivered pursuant to a transfer order shall be deemed to be in that place of confinement and to have applied himself industriously to the program of the place of confinement, as long as he remains in custody pursuant to the transfer order and is of good behaviour.

27. A judge who made a transfer order or another judge of the same court may vary its terms and conditions.

28. A copy of a transfer order made under subsection 25(1) and of an order varying it made under section 27 shall be delivered, by the competent authority who applied for the order, to the Minister and to the person in whose custody the detained person was when the transfer order was made.

29. Sections 24 to 28 do not apply in respect of a person who, at the time the request mentioned in subsection 24(1) is presented, is a young person within the meaning of the Youth Criminal Justice Act.

Rome Statute

Article 89 Surrender of persons to the Court

4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.