Extradition Act (S.C. 1999, c. 18)

Marginal note:Authority to keep person in custody

• 30. (1) The order of committal constitutes the authority to keep the person in custody, subject to an order of judicial interim release.

• Marginal note:Duration of order

  (2) The order of committal remains in force until the person is surrendered or discharged or until a new hearing is ordered under paragraph 54(a).

Definition of “document”

31. For the purposes of sections 32 to 38, “document” means data recorded in any form, and includes photographs and copies of documents.

Marginal note:Evidence

• 32. (1) Subject to subsection (2), evidence that would otherwise be admissible under Canadian law shall be admitted as evidence at an extradition hearing. The following shall also be admitted as evidence, even if it would not otherwise be admissible under Canadian law:

  • (a) the contents of the documents contained in the record of the case certified under subsection 33(3);

  • (b) the contents of the documents that are submitted in conformity with the terms of an extradition agreement; and

  • (c) evidence adduced by the person sought for extradition that is relevant to the tests set out in subsection 29(1) if the judge considers it reliable.

• Marginal note:Exception — Canadian evidence

  (2) Evidence gathered in Canada must satisfy the rules of evidence under Canadian law in order to be admitted.

Marginal note:Record of the case

• 33. (1) The record of the case must include

  • (a) in the case of a person sought for the purpose of prosecution, a document summarizing the evidence available to the extradition partner for use in the prosecution; and

  • (b) in the case of a person sought for the imposition or enforcement of a sentence,

    • (i) a copy of the document that records the conviction of the person, and

    • (ii) a document describing the conduct for which the person was convicted.

• Marginal note:Other documents — record of the case

  (2) A record of the case may include other relevant documents, including documents respecting the identification of the person sought for extradition.

• Marginal note:Certification of record of the case

  (3) A record of the case may not be admitted unless

  • (a) in the case of a person sought for the purpose of prosecution, a judicial or prosecuting authority of the extradition partner certifies that the evidence summarized or contained in the record of the case is available for trial and

    • (i) is sufficient under the law of the extradition partner to justify prosecution, or

    • (ii) was gathered according to the law of the extradition partner; or

  • (b) in the case of a person sought for the imposition or enforcement of a sentence, a judicial, prosecuting or correctional authority of the extradition partner certifies that the documents in the record of the case are accurate.

• Marginal note:Authentication not required

  (4) No authentication of documents is required unless a relevant extradition agreement provides otherwise.

• Marginal note:Record of the case and supplements

  (5) For the purposes of this section, a record of the case includes any supplement added to it.