Extradition Act (S.C. 1999, c. 18)

Act current to 2014-08-05 and last amended on 2005-07-19. Previous Versions

Marginal note:Amendments

 The Minister may amend a surrender order at any time before its execution.

Submissions

Marginal note:Submissions
  •  (1) The person may, at any time before the expiry of 30 days after the date of the committal, make submissions to the Minister in respect of any ground that would be relevant to the Minister in making a decision in respect of the surrender of the person.

  • Marginal note:Late acceptance of submissions

    (2) The Minister may accept submissions even after the expiry of those 30 days in circumstances that the Minister considers appropriate.

Reasons for Refusal

Marginal note:When order not to be made
  •  (1) The Minister shall refuse to make a surrender order if the Minister is satisfied that

    • (a) the surrender would be unjust or oppressive having regard to all the relevant circumstances; or

    • (b) the request for extradition is made for the purpose of prosecuting or punishing the person by reason of their race, religion, nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability or status or that the person’s position may be prejudiced for any of those reasons.

  • Marginal note:When Minister may refuse to make order

    (2) The Minister may refuse to make a surrender order if the Minister is satisfied that the conduct in respect of which the request for extradition is made is punishable by death under the laws that apply to the extradition partner.

Marginal note:Refusal in extradition agreement
  •  (1) The reasons for the refusal of surrender contained in a relevant extradition agreement, other than a multilateral extradition agreement, or the absence of reasons for refusal in such an agreement, prevail over sections 46 and 47.

  • Marginal note:Exception — multilateral extradition agreement

    (2) The reasons for the refusal of surrender contained in a relevant multilateral extradition agreement prevail over sections 46 and 47 only to the extent of any inconsistency between either of those sections and those provisions.

Marginal note:When order not to be made
  •  (1) The Minister shall refuse to make a surrender order if the Minister is satisfied that

    • (a) the prosecution of a person is barred by prescription or limitation under the law that applies to the extradition partner;

    • (b) the conduct in respect of which extradition is sought is a military offence that is not also an offence under criminal law; or

    • (c) the conduct in respect of which extradition is sought is a political offence or an offence of a political character.

  • Marginal note:Restriction

    (2) For the purpose of subparagraph (1)(c), conduct that constitutes an offence mentioned in a multilateral extradition agreement for which Canada, as a party, is obliged to extradite the person or submit the matter to its appropriate authority for prosecution does not constitute a political offence or an offence of a political character. The following conduct also does not constitute a political offence or an offence of a political character:

    • (a) murder or manslaughter;

    • (b) inflicting serious bodily harm;

    • (c) sexual assault;

    • (d) kidnapping, abduction, hostage-taking or extortion;

    • (e) using explosives, incendiaries, devices or substances in circumstances in which human life is likely to be endangered or serious bodily harm or substantial property damage is likely to be caused; and

    • (f) an attempt or conspiracy to engage in, counselling, aiding or abetting another person to engage in, or being an accessory after the fact in relation to, the conduct referred to in any of paragraphs (a) to (e).