TORONTO EXTRADITION LAWYER

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TORONTO EXTRADITION LAWYER

Extradition arises anytime another sovereign state seeks to acquire an individual from another country for the purpose of prosecution. Extradition is a complex process involving a myriad of foreign agencies and governments. We have extensive knowledge of the relationship between local and foreign criminal jurisdictions. We handle situations where the Canadian Government is seeking the extradition of an individual in another jurisdiction to prosecute in Canada and situations where another state is seeking to remove a person from Canada for prosecution.

We deal with complex situations where Canada and foreign governments are also seeking the individual to be extradited remain in custody. We negotiate terms of release with local and foreign authorities, including serving sentences in Canada, rather than a foreign institution.

Frequently Asked Questions

What is Extradition?
What are Partner Countries?
Which Countries Share Extradition Treaties with Canada?
What is Extraditable Conduct?
What is an Extradition Hearing?
When Shall a Judge Order the Committal of the Person into Custody?
How is a Person Extradited to Canada from Another Foreign State?

What is Extradition?

Extraditing and individual arises when a fugitive is surrendered by one partner country to another for the purpose of prosecution.

What are Partner Countries?

In order to extradite a person from Canada, the receiving state of the fugitive must be an Extradition Partner pursuant to a treaty with Canada.

Which Countries Share Extradition Treaties with Canada?

Presently, Canada has bilateral extradition treaties with the following 51 jurisdictions: Albania, Argentina, Austria, Belgium, Bolivia, Chile, Colombia, Cuba, Czech Republic, Denmark, Ecuador, El Salvador, Estonia, Finland, France, Germany, Greece, Guatemala, Haiti, Hong Kong, Hungary, Iceland, India, Israel, Italy, Korea, Latvia, Liberia, Lithuania, Luxembourg, Mexico, Monaco, Netherlands, Nicaragua, Norway, Panama, Paraguay, Peru, Philippines, Portugal, Romania, San Marino, Slovakia, South Africa, Spain, Sweden, Switzerland, Thailand, Tonga, United States and Uruguay.

What is Extraditable Conduct?

Part 2 of the Extradition Act governs the extradition process from Canada. A person may be extradited from Canada on the request of an extradition partner for the purpose of prosecuting the person or imposing a sentence on — or enforcing a sentence imposed on — the person if the offence in respect of which the extradition is requested is punishable by the extradition partner, by imprisoning or otherwise depriving the person of their liberty for a maximum term of two years or more, or by a more severe punishment; and the conduct of the person, had it occurred in Canada, would have constituted an offence that is punishable in Canada, in the case of a request based on a specific agreement, by imprisonment for a maximum term of five years or more, or by a more severe punishment, and in any other case, by imprisonment for a maximum term of two years or more, or by a more severe punishment, subject to a relevant extradition agreement.

What is an Extradition Hearing?

A judge shall, on receipt of an authority to proceed from the Attorney General, hold an extradition hearing. One of the duties of the judge at the hearing is to be satisfied that the person to be extradited is the same individual requested by the foreign jurisdiction.

The presiding judge may make an order excluding any person from the court for all or part of an extradition hearing or hearing in respect of a judicial interim release if the judge is of the opinion that it is in the interest of public morals, the maintenance of order or the proper administration of justice to exclude the person.

When Shall a Judge Order the Committal of the Person into Custody?

A judge shall order the committal of the person into custody to await surrender if in the case of a person sought for prosecution, there is evidence admissible under Extradition Act of conduct that, had it occurred in Canada, would justify committal for trial in Canada on the offence set out in the authority to proceed and the judge is satisfied that the person is the person sought by the extradition partner; and in the case of a person sought for the imposition or enforcement of a sentence, the judge is satisfied that the conviction was in respect of conduct that corresponds to the offence set out in the authority to proceed and that the person is the person who was convicted.

How is a Person Extradited to Canada from Another Foreign State?

Extradition to Canada from another jurisdiction is governed by Part 3 of the Extradition Act. The Minister, at the request of a competent authority, may make a request to a State or entity for the extradition of a person for the purpose of prosecuting the person for — or imposing or enforcing a sentence, or making or enforcing a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of — an offence over which Canada has jurisdiction. The Minister, at the request of a competent authority, may also make a request to a State or entity for the provisional arrest of the person.

Extradition is a very complex and specialized area of law. We have extensive knowledge of both Canadian and foreign extradition laws and procedure. We work closely with local government authorities and foreign agencies in resolving these complex proceedings.

416-DEFENCE | 416-333-3623

 

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