PART 2

EXTRADITION FROM CANADA

WARRANT FOR PROVISIONAL ARREST

14. Discharge if no proceedings

(1) A person who has been provisionally arrested, whether detained or released on judicial interim release, must be discharged

(a) when the Minister notifies the court that an authority to proceed will not be issued under section 15;
(b) if the provisional arrest was made pursuant to a request made under an extradition agreement that contains a period within which a request for extradition must be made and the supporting documents provided,
(i) when the period has expired and the extradition partner has not made the request or provided the documents, or
(ii) when the request for extradition has been made and the documents provided within the period but the Minister has not issued an authority to proceed before the expiry of 30 days after the expiry of that period; or
(c) if the provisional arrest was not made pursuant to a request made under an extradition agreement or was made pursuant to an extradition agreement that does not contain a period within which a request for extradition must be made and the supporting documents provided,
(i) when 60 days have expired after the provisional arrest and the extradition partner has not made the request or provided the documents, or
(ii) when the request for extradition has been made and the documents provided within 60 days but the Minister has not issued an authority to proceed before the expiry of 30 additional days.

PART 2

EXTRADITION FROM CANADA

WARRANT FOR PROVISIONAL ARREST

14. Extension

(2) On application of the Attorney General, a judge

(a) may extend a period referred to in subsection (1); or
(b) shall, in the case of a person arrested on the request of the International Criminal Court, extend a period referred to in subsection (1) for the period specified by the Attorney General, not to exceed 30 days.

PART 2

EXTRADITION FROM CANADA

WARRANT FOR PROVISIONAL ARREST

14. Release of person

(3) In extending a period under subsection (2), the judge may also grant the person judicial interim release or vary the conditions of their judicial interim release.
1999, c. 18, s. 14; 2000, c. 24, s. 49.

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

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.