What is Extradition?

Are you facing an extradition request?

You need to understand your rights. When extradition occurs, it means that one jurisdiction, that is, a specific country, is trying to hand over an alleged criminal to another country.

According to the Department of Justice:

“There are three key stages to the Canadian extradition process:

• The Minister of Justice must determine whether to authorize the commencement of extradition proceedings in the Canadian courts by issuing an ‘Authority to Proceed’;
• Where an Authority to Proceed has been issued, the Canadian courts must determine whether there is sufficient evidence to justify the person’s committal for extradition; and
• Where the person is committed for extradition, the Minister of Justice must personally decide whether to order the person’s surrender to the foreign state.”

In order for an extradition to occur, the two jurisdictions must have a pre-existing agreement in place. In Canada, a person cannot be extradited unless the alleged offence is also considered a criminal offence in Canada. Moreover, a state does not have any obligation to surrender an alleged criminal to another state. If the death penalty will be imposed in the requesting country, Canada will not proceed with an extradition request.

If you are arrested pending extradition, it is possible to obtain bail from the Superior Court of Justice. During the extradition Bail Hearing, the judge will determine the Accused risk of committing further crimes or fleeing to another jurisdiction before the extradition hearing.

Legal counsel can help you in many ways in regards to extradition such as possibly blocking the requested extradition or securing counsel in the requesting jurisdiction, where required. At Caramanna Friedberg LLP, our legal team provides comprehensive legal advice and exhaustive representation. If you are facing extradition, contact us today at (416) 924-5969.

See also immigration prosecutions