PART 2

EXTRADITION FROM CANADA

AUTHORITY TO PROCEED

15. Contents of authority to proceed

(3) The authority to proceed must contain

(a) the name or description of the person whose extradition is sought;
(b) the name of the extradition partner; and
(c) the name of the offence or offences under Canadian law that correspond to the alleged conduct of the person or the conduct in respect of which the person was convicted, as long as one of the offences would be punishable in accordance with paragraph 3(1)(b).

PART 2

EXTRADITION FROM CANADA

AUTHORITY TO PROCEED

15. Copy of authority to proceed

(4) A copy of an authority to proceed produced by a means of telecommunication that produces a writing has the same probative force as the original for the purposes of this Part.

PART 2

EXTRADITION FROM CANADA

APPEARANCE

17. Appearance

(1) A person who is arrested under section 13 or 16 is to be brought before a judge or a justice within twenty-four hours after the person is arrested, but if no judge or no justice is available during this time, the person shall be brought before a judge or a justice as soon as possible.

PART 2

EXTRADITION FROM CANADA

APPEARANCE

17. Appearance before justice

(2) The justice before whom a person is brought under subsection (1) shall order that the person be detained in custody and brought before a judge.

PART 2

EXTRADITION FROM CANADA

APPEARANCE

18. Decision of judge

(1) The judge before whom a person is brought following arrest under section 13 or 16 shall

(a) if the person has been arrested on the request of the International Criminal Court, order the detention in custody of the person unless
(i) the person shows cause, in accordance with subsection 522(2) of the Criminal Code, that their detention in custody is not justified, and
(ii) the judge is satisfied that, given the gravity of the alleged offence, there are urgent and exceptional circumstances that justify release — with or without conditions — and that the person will appear as required; or
(b) in any other case, order the release, with or without conditions, or detention in custody of the person.

PART 2

EXTRADITION FROM CANADA

APPEARANCE

18. Mandatory adjournment

(1.1) An application for judicial interim release in respect of a person referred to in paragraph (1)(a) shall, at the request of the Attorney General, be adjourned to await receipt of the recommendations of the Pre-Trial Chamber of the International Criminal Court. If the recommendations are not received within six days, the judge may proceed to hear the application.

PART 2

EXTRADITION FROM CANADA

APPEARANCE

18. Recommendations of Pre-Trial Chamber

(1.2) If the Pre-Trial Chamber of the International Criminal Court submits recommendations, the judge shall consider them before rendering a decision.

PART 2

EXTRADITION FROM CANADA

APPEARANCE

18. Review by court of appeal

(2) A decision respecting judicial interim release may be reviewed by a judge of the court of appeal and that judge may

(a) confirm the decision;
(b) vary the decision; or
(c) substitute any other decision that, in the judge’s opinion, should have been made.

1999, c. 18, s. 18; 2000, c. 24, s. 50.

PART 2

EXTRADITION FROM CANADA

APPEARANCE

20. Section 679 of the Criminal Code

Section 679 of the Criminal Code applies, with any modifications that the circumstances require, to the judicial interim release of a person pending
(a) a determination of an appeal from an order of committal made under section 29;
(b) the Minister’s decision under section 40 respecting the surrender of the person; or
(c) a determination of a judicial review of the Minister’s decision under section 40 to order the surrender of the person.

PART 2

EXTRADITION FROM CANADA

APPEARANCE

21. Date of hearing - provisional arrest

(1) If a person has been provisionally arrested, the judge before whom the person is brought shall

(a) order the person to appear before the court from time to time during the period referred to in paragraph 14(1)(b) or (c); and
(b) set a date for the extradition hearing if the Minister has issued an authority to proceed.

PART 2

EXTRADITION FROM CANADA

APPEARANCE

21. Date of hearing after authority to proceed issued

(2) If a person has been arrested or is a person to whom a summons has been issued under section 16, the judge before whom the person is brought shall set a date for the extradition hearing.

PART 2

EXTRADITION FROM CANADA

APPEARANCE

21. Hearing

(3) The judge shall set an early date for the extradition hearing, whether that date is in or out of the prescribed sessions of the court.

PART 2

EXTRADITION FROM CANADA

APPEARANCE

22. Application for transfer

(1) On application of the Attorney General or the person arrested or to whom a summons has been issued under section 16, the judge shall, if satisfied that the interests of justice so require, order that the proceedings be transferred to another place in Canada and that the person appear before a judge in that place, and

(a) if the person is detained, that the person be conveyed by a peace officer to the place; and
(b) if the person is not detained or has been released on judicial interim release, that the person be summoned to appear at the place.

PART 2

EXTRADITION FROM CANADA

APPEARANCE

22. Execution throughout Canada

(2) A summons issued under paragraph (1)(b) may be served anywhere in Canada without being endorsed.

PART 2

EXTRADITION FROM CANADA

APPEARANCE

22. Order respecting expenses

(3) If the order under subsection (1) was made on the application of the Attorney General, the judge may order that the Attorney General pay the person’s reasonable travel expenses incurred further to the order.

PART 2

EXTRADITION FROM CANADA

SUBSTITUTION AND AMENDMENT OF AUTHORITY TO PROCEED

23. Substitution of authority to proceed

(1) The Minister may substitute another authority to proceed at any time before the extradition hearing begins. All documents issued and orders made by the court apply in respect of the new authority to proceed, unless the court, on application of the person or the Attorney General, orders otherwise.

PART 2

EXTRADITION FROM CANADA

SUBSTITUTION AND AMENDMENT OF AUTHORITY TO PROCEED

23. New date for hearing

(1.1) Where the Minister substitutes another authority to proceed under subsection (1) and the person applies for another date to be set for the beginning of the extradition hearing in order to give the person an opportunity to examine the new authority, the judge may set another date for the hearing.

PART 2

EXTRADITION FROM CANADA

SUBSTITUTION AND AMENDMENT OF AUTHORITY TO PROCEED

23. Amendment of authority to proceed

(2) The judge may, on application of the Attorney General, amend the authority to proceed after the hearing has begun in accordance with the evidence that is produced during the hearing.

PART 2

EXTRADITION FROM CANADA

SUBSTITUTION AND AMENDMENT OF AUTHORITY TO PROCEED

23. Withdrawal of the authority to proceed

(3) The Minister may at any time withdraw the authority to proceed and, if the Minister does so, the court shall discharge the person and set aside any order made respecting their judicial interim release or detention.

PART 2

EXTRADITION FROM CANADA

EXTRADITION HEARING

24. Extradition hearing

(1) The judge shall, on receipt of an authority to proceed from the Attorney General, hold an extradition hearing.

PART 2

EXTRADITION FROM CANADA

EXTRADITION HEARING

24. Application of Part XVIII of the Criminal Code

(2) For the purposes of the hearing, the judge has, subject to this Act, the powers of a justice under Part XVIII of the Criminal Code, with any modifications that the circumstances require.

PART 2

EXTRADITION FROM CANADA

EXTRADITION HEARING

25. Competence

For the purposes of the Constitution Act, 1982, a judge has, with respect to the functions that the judge is required to perform in applying this Act, the same competence that that judge possesses by virtue of being a superior court judge.

PART 2

EXTRADITION FROM CANADA

EXTRADITION HEARING

26. Order restricting publication of evidence

Before beginning a hearing in respect of a judicial interim release or an extradition hearing, a judge may, on application by the person or the Attorney General and on being satisfied that the publication or broadcasting of the evidence would constitute a risk to the holding of a fair trial by the extradition partner, make an order directing that the evidence taken not be published or broadcast before the time that the person is discharged or, if surrendered, the trial by the extradition partner has concluded.

PART 2

EXTRADITION FROM CANADA

EXTRADITION HEARING

27. Exclusion of person from hearing

The presiding judge may make an order excluding any person from the court for all or part of an extradition hearing or hearing in respect of a judicial interim release if the judge is of the opinion that it is in the interest of public morals, the maintenance of order or the proper administration of justice to exclude the person.

PART 2

EXTRADITION FROM CANADA

EXTRADITION HEARING

28. Power to compel witnesses

A judge who presides over an extradition hearing or a hearing in respect of a judicial interim release may compel a witness to attend the hearing and sections 698 to 708 of the Criminal Code apply, with any modifications that the circumstances require.

PART 2

EXTRADITION FROM CANADA

EXTRADITION HEARING

29. Order of committal

(1) A judge shall order the committal of the person into custody to await surrender if

(a) in the case of a person sought for prosecution, there is evidence admissible under this 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 by the extradition partner; and
(b) in the case of a person sought for the imposition or enforcement of a sentence, the judge is 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.

PART 2

EXTRADITION FROM CANADA

EXTRADITION HEARING

29. Order of committal

(2) The order of committal must contain

(a) the name of the person;
(b) the offence set out in the authority to proceed for which the committal is ordered;
(c) the place at which the person is to be held in custody; and
(d) the name of the extradition partner.

PART 2

EXTRADITION FROM CANADA

EXTRADITION HEARING

29. Discharge of person

(3) A judge shall order the person discharged if the judge does not order their committal under subsection (1).

PART 2

EXTRADITION FROM CANADA

EXTRADITION HEARING

29. Relevant date

(4) The date of the authority to proceed is the relevant date for the purposes of subsection (1).

PART 2

EXTRADITION FROM CANADA

EXTRADITION HEARING

29. Extradition when person not present at conviction

(5) Subject to a relevant extradition agreement, if a person has been tried and convicted without the person being present, the judge shall apply paragraph (1)(a).

PART 2

EXTRADITION FROM CANADA

EXTRADITION HEARING

30. Authority to keep person in custody

(1) The order of committal constitutes the authority to keep the person in custody, subject to an order of judicial interim release.

PART 2

EXTRADITION FROM CANADA

EXTRADITION HEARING

30. Duration of order

(2) The order of committal remains in force until the person is surrendered or discharged or until a new hearing is ordered under paragraph 54(a).

PART 2

EXTRADITION FROM CANADA

RULES OF EVIDENCE


31.
Definition of “document”

For the purposes of sections 32 to 38, “document” means data recorded in any form, and includes photographs and copies of documents.


32.
Evidence

(1) Subject to subsection (2), evidence that would otherwise be admissible under Canadian law shall be admitted as evidence at an extradition hearing. The following shall also be admitted as evidence, even if it would not otherwise be admissible under Canadian law:

(a) the contents of the documents contained in the record of the case certified under subsection 33(3);
(b) the contents of the documents that are submitted in conformity with the terms of an extradition agreement; and
(c) evidence adduced by the person sought for extradition that is relevant to the tests set out in subsection 29(1) if the judge considers it reliable.


Exception — Canadian evidence

(2) Evidence gathered in Canada must satisfy the rules of evidence under Canadian law in order to be admitted.


33.
Record of the case

(1) The record of the case must include

(a) in the case of a person sought for the purpose of prosecution, a document summarizing the evidence available to the extradition partner for use in the prosecution; and
(b) in the case of a person sought for the imposition or enforcement of a sentence,
(i) a copy of the document that records the conviction of the person, and
(ii) a document describing the conduct for which the person was convicted.


33.
Other documents — record of the case

(2) A record of the case may include other relevant documents, including documents respecting the identification of the person sought for extradition.


33.
Certification of record of the case

(3) A record of the case may not be admitted unless

(a) in the case of a person sought for the purpose of prosecution, a judicial or prosecuting authority of the extradition partner certifies that the evidence summarized or contained in the record of the case is available for trial and
(i) is sufficient under the law of the extradition partner to justify prosecution, or
(ii) was gathered according to the law of the extradition partner; or
(b) in the case of a person sought for the imposition or enforcement of a sentence, a judicial, prosecuting or correctional authority of the extradition partner certifies that the documents in the record of the case are accurate.


33.
Authentication not required

(4) No authentication of documents is required unless a relevant extradition agreement provides otherwise.


33.
Record of the case and supplements

(5) For the purposes of this section, a record of the case includes any supplement added to it.


34.
Oath or solemn affirmation

A document is admissible whether or not it is solemnly affirmed or under oath.


35.
No proof of signature

A document purporting to have been signed by a judicial, prosecuting or correctional authority, or a public officer, of the extradition partner shall be admitted without proof of the signature or official character of the person appearing to have signed it.


36.
Translated documents

A translation of a document into one of Canada’s official languages shall be admitted without any further formality.


37.
Evidence of identity

The following are evidence that the person before the court is the person referred to in the order of arrest, the document that records the conviction or any other document that is presented to support the request:

(a) the fact that the name of the person before the court is similar to the name that is in the documents submitted by the extradition partner; and
(b) the fact that the physical characteristics of the person before the court are similar to those evidenced in a photograph, fingerprint or other description of the person.


JUDGE’S REPORT

38.
Report of the judge

(1) A judge who issues an order of committal of a person to await surrender shall transmit to the Minister the following documents:

(a) a copy of the order;
(b) a copy of the evidence adduced at the hearing that has not already been transmitted to the Minister; and
(c) any report that the judge thinks fit.


38.
Right to appeal

(2) When the judge orders the committal of a person, the judge shall inform the person that they will not be surrendered until after the expiry of 30 days and that the person has a right to appeal the order and to apply for judicial interim release.

PART 2

EXTRADITION FROM CANADA

POWERS OF MINISTER

40. Surrender

(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.

PART 2

EXTRADITION FROM CANADA

POWERS OF MINISTER

40. When refugee claim

(2) Before making an order under subsection (1) with respect to a person who has made a claim for refugee protection under the Immigration and Refugee Protection Act, the Minister shall consult with the minister responsible for that Act.

PART 2

EXTRADITION FROM CANADA

POWERS OF MINISTER

40. Powers of the Minister

(3) The Minister may seek any assurances that the Minister considers appropriate from the extradition partner, or may subject the surrender to any conditions that the Minister considers appropriate, including a condition that the person not be prosecuted, nor that a sentence be imposed on or enforced against the person, in respect of any offence or conduct other than that referred to in the order of surrender.

PART 2

EXTRADITION FROM CANADA

POWERS OF MINISTER

40. No surrender

(4) If the Minister subjects surrender of a person to assurances or conditions, the order of surrender shall not be executed until the Minister is satisfied that the assurances are given or the conditions agreed to by the extradition partner.

PART 2

EXTRADITION FROM CANADA

POWERS OF MINISTER

40. Extension of time

(5) If the person has made submissions to the Minister under section 43 and the Minister is of the opinion that further time is needed to act on those submissions, the Minister may extend the period referred to in subsection (1) as follows:

(a) if the person is the subject of a request for surrender by the International Criminal Court, and an issue has been raised as to the admissibility of the case or the jurisdiction of that Court, for a period ending not more than 45 days after the Court’s ruling on the issue; or
(b) in any other case, for one additional period that does not exceed 60 days.

PART 2

EXTRADITION FROM CANADA

POWERS OF MINISTER

40. Notice of extension of time

(6) If an appeal has been filed under section 50 and the Minister has extended the period referred to in subsection (1), the Minister shall file with the court of appeal a notice of extension of time before the expiry of that period.
1999, c. 18, s. 40; 2000, c. 24, s. 51; 2001, c. 27, s. 250.

PART 2

EXTRADITION FROM CANADA

POWERS OF MINISTER

41. When appeal pending

(1) The Minister may postpone the making of the order of surrender if

(a) an appeal has been filed under section 50;
(b) the Minister files a notice of postponement with the court of appeal before the expiry of the period referred to in subsection 40(1); and
(c) the order is made not later than 45 days after the date of the decision of the court of appeal.

PART 2

EXTRADITION FROM CANADA

POWERS OF MINISTER

41. No further deferral of appeal

(2) When the Minister has filed a notice of postponement with the court of appeal under paragraph (1)(b), that court may not defer the hearing of the appeal under subsection 51(2).

PART 2

EXTRADITION FROM CANADA

POWERS OF MINISTER

42. Amendments

The Minister may amend a surrender order at any time before its execution.

PART 2

EXTRADITION FROM CANADA

SUBMISSIONS

43. Submissions

(1) The person may, at any time before the expiry of 30 days after the date of the committal, make submissions to the Minister in respect of any ground that would be relevant to the Minister in making a decision in respect of the surrender of the person.

PART 2

EXTRADITION FROM CANADA

SUBMISSIONS

43. Late acceptance of submissions

(2) The Minister may accept submissions even after the expiry of those 30 days in circumstances that the Minister considers appropriate.

PART 2

EXTRADITION FROM CANADA

REASONS FOR REFUSAL


45.
Refusal in extradition agreement

(1) The reasons for the refusal of surrender contained in a relevant extradition agreement, other than a multilateral extradition agreement, or the absence of reasons for refusal in such an agreement, prevail over sections 46 and 47.


45.
Exception — multilateral extradition agreement

(2) The reasons for the refusal of surrender contained in a relevant multilateral extradition agreement prevail over sections 46 and 47 only to the extent of any inconsistency between either of those sections and those provisions.


47.1
When grounds for refusal do not apply

The grounds for refusal set out in sections 44, 46 and 47 do not apply in the case of a person who is the subject of a request for surrender by the International Criminal Court.
2000, c. 24, s. 52.

PART 2

EXTRADITION FROM CANADA

APPEAL


49.
Appeal

A person may appeal against an order of committal — or the Attorney General, on behalf of the extradition partner, may appeal the discharge of the person or a stay of proceedings — to the court of appeal of the province in which the order of committal, the order discharging the person or the order staying the proceedings was made,

(a) on a ground of appeal that involves a question of law alone;
(b) on a ground of appeal that involves a question of fact or a question of mixed law and fact, with leave of the court of appeal or a judge of the court of appeal; or
(c) on a ground of appeal not set out in paragraph (a) or (b) that appears to the court of appeal to be a sufficient ground of appeal, with leave of the court of appeal.


50.
Notice of appeal

(1) An appellant who proposes to appeal to a court of appeal or to obtain the leave of that court to appeal must give notice of appeal or notice of the application for leave to appeal not later than 30 days after the decision of the judge with respect to the committal or discharge of the person, or the stay of proceedings, as the case may be, in any manner that may be directed by the rules of court.


50.
Extension of time

(2) The court of appeal or a judge of the court of appeal may, either before or after the expiry of the 30 days referred to in subsection (1), extend the time within which notice of appeal or notice of an application for leave to appeal may be given.


51.
Hearing of appeal

(1) An appeal under this Act shall be scheduled for hearing by the court of appeal at an early date whether that date is in or out of the prescribed sessions of that court.


51.
Deferral of appeal

(2) The hearing of an appeal against an order of committal may be deferred by the court of appeal until the Minister makes a decision in respect of the surrender of the person under section 40.


52.
Provisions of the Criminal Code to apply

(1) Sections 677, 678.1, 682 to 685 and 688 of the Criminal Code apply, with any modifications that the circumstances require, to appeals under this Act.


52.
Rules

(2) Unless inconsistent with the provisions of this Act, rules made by the court of appeal under section 482 of the Criminal Code in relation to appeals to that court under that Act apply, with any modifications that the circumstances require, to appeals under this Act.


53.
Powers of the court of appeal

On the hearing of an appeal against an order of committal of a person, the court of appeal may

(a) allow the appeal, in respect of any offence in respect of which the person has been committed, if it is of the opinion
(i) that the order of committal should be set aside on the ground that it is unreasonable or cannot be supported by the evidence,
(ii) that the order of committal should be set aside on the ground of a wrong decision on a question of law, or
(iii) that, on any ground, there was a miscarriage of justice; or
(b) dismiss the appeal
(i) if it does not allow the appeal on any ground referred to in paragraph (a), or
(ii) even though the court of appeal is of the opinion that on the ground referred to in subparagraph (a)(ii) the appeal may be decided in favour of the appellant, if it is of the opinion that no substantial wrong or miscarriage of justice has occurred and the order of committal should be upheld.


54.
Effect of allowing appeal

If the court of appeal allows an appeal under paragraph 53(a), it shall

(a) set aside the order of committal and
(i) discharge the person, or
(ii) order a new extradition hearing; or
(b) amend the order of committal to exclude an offence in respect of which the court is of the opinion that the person has not been properly committed on a ground referred to in subparagraph 53(a)(i), (ii) or (iii).


55.
Powers

(1) On the hearing of an appeal against the discharge of a person or against a stay of proceedings, the court of appeal may

(a) allow the appeal and set aside the order of discharge or stay, if it is of the opinion
(i) that the order of discharge should be set aside on the ground that it is unreasonable or cannot be supported by the evidence,
(ii) that the order of discharge or the stay of proceedings should be set aside on the ground of a wrong decision on a question of law, or
(iii) that, on any ground, there was a miscarriage of justice; or
(b) dismiss the appeal.


55.
Order for new extradition hearing or committal

(2) The court of appeal may, if it sets aside a stay of proceedings, order a new extradition hearing. The court of appeal may, if it sets aside an order of discharge, order a new extradition hearing or order the committal of the person.


56.
Deferral of Supreme Court appeal

(1) The Supreme Court may defer, until the Minister makes a decision with respect to the surrender of the person under section 40, the hearing of an application for leave to appeal, or the hearing of an appeal, from a decision of the court of appeal on an appeal taken under section 49, or on any other appeal in respect of a matter arising under this Act.


56.
Deferral of Supreme Court appeal

(2) The Supreme Court may also, if an application for judicial review is made under section 57 or otherwise, defer the hearing until the court of appeal makes its determination on the application.

PART 2

EXTRADITION FROM CANADA

ORDER OF SURRENDER


58. Contents of the surrender order

An order of surrender must

(a) contain the name of the person who is to be surrendered;
(b) describe the offence in respect of which the extradition is requested, the offence for which the committal was ordered or the conduct for which the person is to be surrendered;
(c) state the extradition partner to which the person is to be conveyed;
(d) direct the person who has custody of the person to be surrendered to deliver them into the custody of the person or a member of the class of persons referred to in paragraph (e);
(e) designate the person or class of persons authorized for the purposes of section 60;
(f) set out any assurances or conditions to which the surrender is subject;
(g) fix, in the case of postponement of surrender under section 64, the period of time at or before the expiry of which the person is to be surrendered; and
(h) fix, in the case of a temporary surrender under section 66,
(i) the period of time at or before the expiry of which the person to be surrendered must be returned to Canada, and
(ii) the period of time at or before the expiry of which final surrender shall take place.

PART 2

EXTRADITION FROM CANADA

ORDER OF SURRENDER

59. Surrender for other offences

Subject to a relevant extradition agreement, the Minister may, if the request for extradition is based on more than one offence, order the surrender of a person for all the offences even if not all of them fulfil the requirements set out in section 3, if

(a) the person is being surrendered for at least one offence that fulfils the requirements set out in section 3; and
(b) all the offences relate to conduct that, had it occurred in Canada, would have constituted offences that are punishable under the laws of Canada.

PART 2

EXTRADITION FROM CANADA

ORDER OF SURRENDER

60. Power to convey

On the execution of a surrender order, the person or persons designated under paragraph 58(e) shall have the authority to receive, hold in custody and convey the person into the territory over which the extradition partner has jurisdiction.

PART 2

EXTRADITION FROM CANADA

ORDER OF SURRENDER

61. Escape

(1) If the person escapes while in custody, the law that applies with respect to a person who is accused or convicted of a crime against the laws of Canada and who escapes applies with respect to the person.

PART 2

EXTRADITION FROM CANADA

ORDER OF SURRENDER

61. Arrest

(2) If the person escapes while in custody, the person or member of the class of persons having custody of the person has the power to arrest them in fresh pursuit.

PART 2

EXTRADITION FROM CANADA

ORDER OF SURRENDER

62. Delay before surrender

(1) No person may be surrendered

(a) until a period of 30 days has expired after the date of the committal for surrender; or
(b) if an appeal or a judicial review in respect of a matter arising under this Act, or any appeal from an appeal or judicial review, is pending, until after the date of the final decision of the court on the appeal or judicial review.

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

ORDER OF SURRENDER

63. Place of surrender

A surrender may take place at any place within or outside Canada that is agreed to by Canada and the extradition partner.

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

REMEDY


69. Remedy in case of delay

A judge of the superior court of the province in which the person is detained who has the power to grant a writ of habeas corpus, may, on application made by or on behalf of the person, and on proof that reasonable notice of the intention to make the application has been given to the Minister, order the person to be discharged out of custody unless sufficient cause is shown against the discharge if

(a) the Minister has not made an order of surrender under section 40
(i) before the expiry of the period referred to in subsection 40(1) and any additional period referred to in subsection 40(5), or
(ii) if a notice of postponement has been filed under paragraph 41(1)(b), before the expiry of 45 days after the date of the decision of the court of appeal referred to in paragraph 41(1)(c); or
(b) the person is not surrendered and conveyed to the extradition partner
(i) within 45 days after the order of surrender is made by the Minister under section 40, or
(ii) if an appeal or judicial review in respect of any matter arising under this Act, or an appeal from such an appeal or judicial review, is pending, within 45 days after the final decision of the court is made,
over and above, in any case referred to in subparagraph (i) or (ii), the time required to convey the person to the extradition partner.

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).

PART I FOREIGN INVESTIGATIONS OR OTHER PROCEEDINGS IN RESPECT OF OFFENCES
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.