PART 2
EXTRADITION FROM CANADA
ORDER OF SURRENDER
62. Waiver of period of time
(2) The person may waive the period referred to in paragraph (1)(a) if they do so in writing.
PART 2
EXTRADITION FROM CANADA
CONSENT
70. Consent to committal
(1) A person may, at any time after the issuance of an authority to proceed, consent, in writing and before a judge, to committal.
PART 2
EXTRADITION FROM CANADA
CONSENT
70. Judge to order committal
(2) A judge before whom a person consents under subsection (1) shall
(a) order the committal of the person into custody to await surrender to the extradition partner; and
(b) transmit a copy of the consent to the Minister.
PART 2
EXTRADITION FROM CANADA
CONSENT
71. Consent to surrender
(1) A person may, at any time after arrest or appearance, consent, in writing and before a judge, to being surrendered.
PART 2
EXTRADITION FROM CANADA
CONSENT
71. Judge to order surrender
(2) A judge before whom a person consents to being surrendered shall
(a) order the committal of the person into custody to await surrender to the extradition partner; and
(b) transmit a copy of the consent to the Minister.
PART 2
EXTRADITION FROM CANADA
CONSENT
71. When Minister receives consent
(3) The Minister may, as soon as is feasible after receiving a consent to surrender, personally order that the person be surrendered to the extradition partner.
PART 2
EXTRADITION FROM CANADA
CONSENT
71. Sections not applicable
(4) When a person consents to being surrendered to the extradition partner, the following sections do not apply:
(a) section 43 (submissions to the Minister);
(b) section 44 (reasons for refusal);
(c) section 48 (discharge of person);
(d) section 57 (judicial review of Minister’s decision); and
(e) paragraph 62(1)(a) (delay before surrender).
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization; and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of transit;
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
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.