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Marginal note:Review of order

• 57 (1) Despite the Federal Courts Act, the court of appeal of the province in which the committal of the person was ordered has exclusive original jurisdiction to hear and determine applications for judicial review under this Act, made in respect of the decision of the Minister under section 40.

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• Marginal note:Section 679 of the Criminal Code

  (4) Section 679 of the Criminal Code applies, with any modifications that the circumstances require, to an application for judicial review.

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• (6) On an application for judicial review, the court of appeal may

  • (a) order the Minister to do any act or thing that the Minister has unlawfully failed or refused to do or has unreasonably delayed in doing; or

• Marginal note:Grounds of review

  (7) The court of appeal may grant relief under this section on any of the grounds on which the Federal Court may grant relief under subsection 18.1(4) of the Federal Courts Act.

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• Marginal note:One hearing by court of appeal

  (9) If an appeal under section 49 or any other appeal in respect of a matter arising under this Act is pending, the court of appeal may join the hearing of that appeal with the hearing of an application for judicial review.

• Marginal note:Provincial rules of judicial review apply

  (10) Unless inconsistent with the provisions of this Act, all laws, including rules, respecting judicial review in force in the province of the court of appeal apply, with any modifications that the circumstances require, to applications under this section.

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Marginal note:Provisions of the Criminal Code to apply

• 52 (1) Sections 677, 678.1, 682 to 685 and 688 of the Criminal Code apply, with any modifications that the circumstances require, to appeals under this Act.

• Marginal note:Rules

  (2) Unless inconsistent with the provisions of this Act, rules made by the court of appeal under section 482 of the Criminal Code in relation to appeals to that court under that Act apply, with any modifications that the circumstances require, to appeals under this Act.

Marginal note:Definitions

2 The definitions in this section apply in this Act.

International Criminal Court

International Criminal Court  means the International Criminal Court as defined in subsection 2(1) of the Crimes Against Humanity and War Crimes Act. (Cour pénale internationale)

justice

justice  has the same meaning as in section 2 of the Criminal Code. (juge de paix)

specific agreement

specific agreement  means an agreement referred to in section 10 that is in force. (accord spécifique)

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Marginal note:Warrant of arrest or summons

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• Marginal note:When provisionally arrested

  (2) If the person has been arrested pursuant to a provisional arrest warrant issued under section 13, the Attorney General need not apply for a summons or warrant under subsection (1).

• Marginal note:Issuance of summons or warrant of arrest

  (3) The judge to whom an application is made shall issue a summons to the person, or a warrant for the arrest of the person, in accordance with subsection 507(4) of the Criminal Code, with any modifications that the circumstances require.

• Marginal note:Execution throughout Canada

  (4) A warrant that is issued under this section may be executed, and a summons issued under this section may be served, anywhere in Canada without being endorsed.

• Marginal note:Date of hearing — summons

  (5) A summons that is issued under this section must

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  • (b) require the person to appear at a time and place stated in it for the purposes of the Identification of Criminals Act.

• Marginal note:Effect of appearance

  (6) A person appearing as required by subsection (5) is considered, for the purposes only of the Identification of Criminals Act, to be in lawful custody charged with an indictable offence.

Marginal note:Section 679 of the Criminal Code

20 Section 679 of the Criminal Code applies, with any modifications that the circumstances require, to the judicial interim release of a person pending

• (a) a determination of an appeal from an order of committal made under section 29;

• (b) the Minister’s decision under section 40 respecting the surrender of the person; or

• (c) a determination of a judicial review of the Minister’s decision under section 40 to order the surrender of the person.