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.
The extradition process from Canada to another country involves three phases:
- The Issuance of an Authority to Proceed (or ATP ) if the requirements for extradition are met. When the ATP is issued, the accused will either be summoned to court or arrested;
- The Extradition Hearing;
- If the person is committed for extradition, the Minister of Justice must personally decide whether to order the person's surrender to the foreign state
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 risk of the accused committing further crimes or fleeing to another jurisdiction before the extradition hearing.