Extradition Lawyer In Toronto
Extradition law is governed by the Extradition Act: http://www.canlii.org/en/ca/laws/stat/sc-1999-c-18/latest/sc-1999-c-18.html This is a complex area of law as it also involves a thorough understanding of Criminal Code offences ( http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html) and the Charter of Rights and Freedoms (http://www.canlii.org/en/ca/const/const1982.html)
What follows is a brief summary of the law. While it is not, and should not be relied upon as legal advice, it may assist you with some of the questions you might have. As always, consult a criminal lawyer should you need criminal advice.
In a nutshell, if another country is seeking to bring an individual in Canada to their country for prosecution for some offence, that country is trying to “extradite” that individual. The process commences when Canada receives evidence from another country that the individual has committed an offence in that country that would have been a crime if it was committed in Canada and could have been punishable by a term of incarceration of two or more years (generally). At this point, the Minister of Justice issues an arrest warrant and the individual is entitled to have a bail hearing. Subsequent to this, is the extradition hearing which will occur at the Superior Court of Justice. Some, but not all, of the rights under the Charter of Rights and Freedoms apply at this hearing. The purpose of the extradition hearing is to determine whether the evidence establishes a prima facie case that the crime in question has been committed: the Minister of Justice does not have to “prove” the case beyond a reasonable doubt. The Judge, after hearing the evidence must discharge the person or order the person’s committal to the Minister of Justice and there of course, an appeal route. Following this, the individual can state their case before the Minister of Justice who may have discretion to discharge (not extradite) the individual. Some factors include:
- surrender would be unjust or oppressive;
- the request for extradition is made for the purpose of prosecuting or punishing the person by reason of their race, religion, nationality, ethnic origin, or other factors;
- the requesting country has as its punishment for this offence, the death penalty;
vAgain, the foregoing is only a summary. It is not legal advice and should not be relied upon as such. For a free consultation to discuss your case, please call me at 416-658-5855.
