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Extradition Act (S.C. 1999, c. 18)

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Act current to 2020-03-05 and last amended on 2005-07-19. Previous Versions

Extradition Act

S.C. 1999, c. 18

Assented to 1999-06-17

An Act respecting extradition, to amend the Canada Evidence Act, the Criminal Code, the Immigration Act and the Mutual Legal Assistance in Criminal Matters Act and to amend and repeal other Acts in consequence

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Extradition Act.

PART 1Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Act.

Attorney General

Attorney General means the Attorney General of Canada. (procureur général)

court

court means

  • (a) in Ontario, the Ontario Court (General Division);

  • (b) in Quebec, the Superior Court;

  • (c) in New Brunswick, Manitoba, Alberta and Saskatchewan, the Court of Queen’s Bench;

  • (d) in Nova Scotia, British Columbia, Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice; and

  • (e) in Prince Edward Island and Newfoundland, the Trial Division of the Supreme Court. (tribunal)

court of appeal

court of appeal means

  • (a) in the Province of Prince Edward Island, the Appeal Division of the Supreme Court; and

  • (b) in all other provinces, the Court of Appeal. (cour d’appel)

extradition agreement

extradition agreement means an agreement that is in force, to which Canada is a party and that contains a provision respecting the extradition of persons, other than a specific agreement. (accord)

extradition partner

extradition partner means a State or entity with which Canada is party to an extradition agreement, with which Canada has entered into a specific agreement or whose name appears in the schedule. (partenaire)

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)

judge

judge means a judge of the court. (juge)

justice

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

Minister

Minister means the Minister of Justice. (ministre)

specific agreement

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

State or entity

State or entity means

  • (a) a State other than Canada;

  • (b) a province, state or other political subdivision of a State other than Canada;

  • (c) a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a State other than Canada;

  • (d) an international criminal court or tribunal; or

  • (e) a territory. (État ou entité)

  • 1999, c. 18, s. 2
  • 2000, c. 24, s. 47
  • 2002, c. 7, s. 169

PART 2Extradition from Canada

Extraditable Conduct

Marginal note:General principle

  •  (1) A person may be extradited from Canada in accordance with this Act and a relevant extradition agreement 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

    • (a) subject to a relevant extradition agreement, 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

    • (b) the conduct of the person, had it occurred in Canada, would have constituted an offence that is punishable in Canada,

      • (i) 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

      • (ii) 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.

  • Marginal note:Conduct determinative

    (2) For greater certainty, it is not relevant whether the conduct referred to in subsection (1) is named, defined or characterized by the extradition partner in the same way as it is in Canada.

  • Marginal note:Extradition of a person who has been sentenced

    (3) Subject to a relevant extradition agreement, the extradition of a person who has been sentenced to imprisonment or another deprivation of liberty may only be granted if the portion of the term remaining is at least six months long or a more severe punishment remains to be carried out.

Marginal note:Further proceedings

 For greater certainty, the discharge of a person under this Act or an Act repealed by section 129 or 130 does not preclude further proceedings, whether or not they are based on the same conduct, with a view to extraditing the person under this Act unless the judge is of the opinion that those further proceedings would be an abuse of process.

Marginal note:Jurisdiction

 A person may be extradited

  • (a) whether or not the conduct on which the extradition partner bases its request occurred in the territory over which it has jurisdiction; and

  • (b) whether or not Canada could exercise jurisdiction in similar circumstances.

Marginal note:Retrospectivity

 Subject to a relevant extradition agreement, extradition may be granted under this Act whether the conduct or conviction in respect of which the extradition is requested occurred before or after this Act or the relevant extradition agreement or specific agreement came into force.

Marginal note:No immunity

 Despite any other Act or law, no person who is the subject of a request for surrender by the International Criminal Court or by any international criminal tribunal that is established by resolution of the Security Council of the United Nations and whose name appears in the schedule, may claim immunity under common law or by statute from arrest or extradition under this Act.

  • 2000, c. 24, s. 48

Functions of the Minister

Marginal note:Functions of the Minister

 The Minister is responsible for the implementation of extradition agreements, the administration of this Act and dealing with requests for extradition made under them.

Publication of Extradition Agreements

Marginal note:Publication in Canada Gazette

  •  (1) Unless the extradition agreement has been published under subsection (2), an extradition agreement — or the provisions respecting extradition contained in a multilateral extradition agreement — must be published in the Canada Gazette no later than 60 days after it comes into force.

  • Marginal note:Publication in Canada Treaty Series

    (2) An extradition agreement — or the provisions respecting extradition contained in a multilateral extradition agreement — may be published in the Canada Treaty Series and, if so published, the publication must be no later than 60 days after it comes into force.

  • Marginal note:Judicial notice

    (3) Agreements and provisions published in the Canada Gazette or the Canada Treaty Series are to be judicially noticed.

Designated States and Entities

Marginal note:Designated extradition partners

  •  (1) The names of members of the Commonwealth or other States or entities that appear in the schedule are designated as extradition partners.

  • Marginal note:Amendments to the schedule

    (2) The Minister of Foreign Affairs, with the agreement of the Minister, may, by order, add to or delete from the schedule the names of members of the Commonwealth or other States or entities.

Specific Agreements

Marginal note:Specific agreements

  •  (1) The Minister of Foreign Affairs may, with the agreement of the Minister, enter into a specific agreement with a State or entity for the purpose of giving effect to a request for extradition in a particular case.

  • Marginal note:Inconsistency

    (2) For greater certainty, if there is an inconsistency between this Act and a specific agreement, this Act prevails to the extent of the inconsistency.

  • Marginal note:Evidence

    (3) A certificate issued by or under the authority of the Minister of Foreign Affairs to which is attached a copy of a specific agreement entered into by Canada and a State or entity is conclusive evidence of the agreement and its contents without proof of the signature or official character of the person appearing to have signed the certificate or agreement.

 
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