Extradition is a formal legal process in which one country transfers an individual to another country where they are accused or convicted of a crime. This process allows the requesting country to prosecute the individual, impose a sentence, or enforce an existing sentence. Extradition is typically governed by treaties or bilateral agreements between nations, ensuring that the legal and procedural standards are met to facilitate cooperation while protecting the rights of the person being extradited.
Extradition is intended to be a streamlined and efficient process through which Canada facilitates the return of fugitives to partner countries seeking their prosecution or to enforce sentences already imposed.
In essence, extradition refers to the formal transfer of an individual from one nation (e.g., Canada) to another for legal action, whether to stand trial, receive sentencing, or serve an existing sentence for criminal offenses.
Moreover, the Canadian government holds the authority to extradite individuals to international judicial bodies, such as the International Criminal Court, for the prosecution of severe crimes, including war crimes.
Canada regulates extradition matters through the Extradition Act, which outlines the procedure for transferring person sought for crimes to foreign country. It establishes two main types of extradition: active and passive. Active extradition involves the Canadian state requesting the surrender of a person who is abroad for investigative actions or to face charges. Passive extradition, in turn, is associated with fulfilling another state's request to hand over a person who is on Canadian territory for prosecution or to serve a sentence.
The Extradition Act was enacted to align Canada’s legislation with international standards and obligations, ensuring that the extradition process meets global expectations. Under this act, Canada is committed to fulfilling its international extradition duties through bilateral or multilateral agreements. These extradition treaties provide the legal framework for interaction with foreign states and support coordinated efforts in addressing international crime.
Canada participates in various international treaties and agreements that regulate the extradition process. Notably, Canada is a party to the European Convention on Extradition of 1957, underscoring its collaboration with European countries. Additionally, Canada maintains bilateral agreements with nations such as the USA, the UK, and Australia, among others. These international obligations demand adherence not only to the procedural norms of the extradition hearing but also to the protection of human rights, following standards set by agreements like the European Convention on Human Rights (ECHR).
Extradition lawyers will help you to navigate this complex process, ensuring that individuals facing extradition have their rights defended and that all legal procedures are properly observed.
Despite a broad network of international agreements, there are countries with which Canada does not have an official extradition treaty. In such instances, the extradition of individuals is possible only on the basis of diplomatic arrangements or through special procedures. Among these countries, one can highlight:
The absence of a treaty does not mean that extradition is impossible, but it significantly complicates the process, as it requires special consideration of each individual case.
The extradition process in Canada is governed by the Extradition Act and involves several key stages, balancing international cooperation with the protection of individual rights. The process begins when an Extradition Partner, a country with which Canada has an existing treaty or agreement, submits an extradition request for an individual wanted for prosecution or to serve a sentence.
Initial assessment and arrest:Initial assessment and arrest: the Canadian Department of Justice first reviews the extradition request to ensure it meets the treaty requirements. If deemed valid, an arrest warrant is issued, and the individual is detained pending further proceedings.
Extradition hearing: the case proceeds to an extradition hearing, where a judge determines if there is sufficient evidence to support the case. The court assesses whether the alleged conduct would be considered a crime under Canadian law (dual criminality). The judge does not decide on the individual's guilt or innocence but focuses on whether the legal conditions for extradition are met.
Minister of justice’s decision: if the judge orders the individual’s committal for extradition, the decision then moves to the Minister of Justice, who must decide whether to issue a surrender order. Under the Extradition Act, the Minister can deny extradition if there are mandatory or discretionary grounds, such as risks of unfair treatment, the death penalty, or political motivations behind the request.
Appeals and judicial review: the individual has the right to appeal the committal decision and seek a judicial review of the Minister’s decision. These appeals are heard by the Court of Appeal and, if necessary, can be brought before the Supreme Court of Canada for further review.
Surrender and transfer: if all appeals are exhausted and the surrender order is upheld, the individual is handed over to the requesting country for trial or to serve their sentence.
Effective legal representation is essential during the extradition process to safeguard the individual's rights and ensure that the procedures are conducted in line with the law. Extradition cases often involve complex legal and procedural elements that require expert navigation. A qualified extradition lawyer provides strategic guidance, helps build a compelling defense, and represents the individual through each stage of the process, from initial hearings to potential appeals.
The extradition law provides a number of grounds for refusing extradition. The main reasons for refusal include:
It's important to be aware of your rights, and should you encounter any issues related to extradition, you have the right to seek legal representation. An extradition lawyer in Toronto will provide you with qualified legal support at any stage of the case.
While some countries restrict extradition to non-citizens, Canada does not fall into this category. Under Canadian law, even canadian citizen can be extradited to an Extradition Partner. This means that Canadian nationals may be surrendered to another country to face charges, trial, or to serve a sentence, provided that the legal requirements and treaty obligations for extradition are met.
Canada will only consider extraditing an individual to a recognized “Extradition Partner.” For a country to qualify as an Extradition Partner, it must have an existing extradition treaty or formal agreement with Canada. Without such an agreement, Canada will not process an extradition request from that country.
Yes, an extradition order can be contested within the extradition proceedings. An individual subject to extradition has the right to appeal by requesting a judicial review of the Minister’s decision at the Court of Appeal. If the Court of Appeal upholds the original decision, the individual may seek leave to appeal to the Supreme Court of Canada. The extradition process will only proceed once all appellate courts have issued their final judgments.
Yes, under the Extradition Act, the Minister of Justice can refuse to surrender an individual after an extradition hearing. Sections 44 and 46 outline mandatory and discretionary grounds for denial.
Mandatory grounds for refusal include:
Discretionary grounds under sections 44(2) and 47 include:
The extradition process will not proceed if these conditions apply.
A Toronto extradition lawyer plays a pivotal role in protecting the interests of an individual facing the threat of extradition. An expert in this field can provide legal support at all stages of the process, from filing an application for extradition refusal to representing the client's interests in court.
A professional extradition lawyer in Toronto can devise a defence strategy based on the specific circumstances of the case and highlight any potential human rights violations or other grounds for refusing extradition. The international solicitor can also offer advice on international legal standards and assist in challenging a decision by the Canadian Ministry of Justice in the event of an unfavourable court outcome.