Marginal note:Place of surrender
63. A surrender may take place at any place within or outside Canada that is agreed to by Canada and the extradition partner.
Marginal note:Postponement of surrender
64. (1) Unless the Minister orders otherwise, a surrender order made in respect of a person accused of an offence within Canadian jurisdiction or who is serving a sentence in Canada after a conviction for an offence, other than an offence with respect to the conduct to which the order relates does not take effect until the person has been discharged, whether by acquittal, by expiry of the sentence or otherwise.
Marginal note:Offence before or after surrender
(2) For greater certainty, the person need not have been accused of the offence within Canadian jurisdiction before the surrender order was made.
Marginal note:Return to Canada
65. If a person returns to Canada after surrender before the expiry of a sentence that they were serving in Canada at the time of surrender, the remaining part of the sentence must be served.
Marginal note:Temporary surrender
66. (1) The Minister may order the temporary surrender to an extradition partner of a person who is ordered committed under section 29 while serving a term of imprisonment in Canada so that the extradition partner may prosecute the person or to ensure the person’s presence in respect of appeal proceedings that affect the person, on condition that the extradition partner give the assurances referred to in subsections (3) and (4).
Marginal note:Time limits
(2) An order of temporary surrender is subject to the time limits set out in subsections 40(1) and (5) and paragraph 41(1)(c).
(3) The Minister may not order temporary surrender under subsection (1) unless the extradition partner gives an assurance that the person will remain in custody while temporarily surrendered to the extradition partner and
(a) in the case of temporary surrender for a trial, that the person will be returned within 30 days after the completion of the trial, unless a relevant extradition agreement provides for another time limit; and
(b) in the case of temporary surrender for an appeal, that the person will be returned within 30 days after the completion of the proceedings for which the presence of the person was required, unless a relevant extradition agreement provides for another time limit.
Marginal note:Time limit
(4) The Minister may require the extradition partner to give an assurance that the person will be returned no later than a specified date or that the person will be returned on request of the Minister.
Marginal note:Assurances in extradition agreements
(5) Any assurance referred to in subsections (3) and (4) that is included in a relevant extradition agreement need not be repeated as a specific assurance.
Marginal note:Final surrender after temporary surrender
(6) A person shall, subject to subsection (7), be surrendered to the extradition partner without a further request for extradition after the person
(a) has been temporarily surrendered;
(b) has been convicted by the extradition partner and had a term of imprisonment imposed on them;
(c) has been returned to Canada under subsection (4); and
(d) has finished serving the portion of the sentence that they were serving in custody in Canada at the time of the temporary surrender, unless the Minister orders that they be surrendered earlier.
Marginal note:No final surrender if circumstances warrant
(7) The Minister may, in circumstances that the Minister considers appropriate, revoke the surrender order and order the discharge of the person.
(8) The authority who has custody of the person to be surrendered under subsection (6) shall give the Minister reasonable notice of the time when the portion of the person’s sentence to be served in custody is to expire.
Marginal note:Final surrender when Canadian sentence expires
(9) When the sentence that the person is serving in Canada expires during the period during which the person is temporarily surrendered to an extradition partner, the surrender is considered to be a final surrender.
Marginal note:Waiver of return
(10) The Minister may, after consultation with the Minister of Public Safety and Emergency Preparedness or the appropriate provincial minister responsible for corrections, waive the return of the person by the extradition partner.
Marginal note:Final surrender despite subsection 3(3)
(11) A person may be surrendered under subsection (6) even if the term of imprisonment imposed by the extradition partner, or the portion of the term remaining to be served, is less than that required by subsection 3(3).
- 1999, c. 18, s. 66;
- 2005, c. 10, s. 34.
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