PART 2Extradition from Canada (continued)
Marginal note:Consent to committal
Marginal note:Judge to order committal
(2) A judge before whom a person consents under subsection (1) shall
Marginal note:Consent to surrender
Marginal note:Judge to order surrender
(2) A judge before whom a person consents to being surrendered shall
Marginal note:When Minister receives consent
(3) The Minister may, as soon as is feasible after receiving a consent to surrender, personally order that the person be surrendered to the extradition partner.
Marginal note:Sections not applicable
(4) When a person consents to being surrendered to the extradition partner, the following sections do not apply:
Waiver of Extradition
Marginal note:Waiving extradition
Marginal note:Judge to inform person
(2) A judge before whom a person gives a waiver under subsection (1) must inform the person
Marginal note:Judge to order conveyance
(3) The judge shall
Marginal note:Conveyance order
(4) The conveyance order must
73 (1) If the person escapes while in custody for conveyance, the law that applies with respect to a person who is accused or convicted of a crime against the laws of Canada and who escapes applies with respect to the person.
(2) If the person escapes while in custody for conveyance, the person in whose custody the person is has the power to arrest them in fresh pursuit.
Marginal note:Consent to transit
(2) A consent to transit constitutes authority to the officer of the surrendering State or entity or the receiving State or entity to keep the person in custody while in Canada.
Marginal note:Sections to apply
(3) Sections 58 (contents of surrender order), 60 (power to convey), 61 (escape) and 69 (remedy in case of delay) apply, with any modifications that the circumstances require, in respect of the consent to transit.
Marginal note:Special authorization
75 (1) The Minister may, in order to give effect to a request for consent to transit, authorize a person in a State or entity who is inadmissible under the Immigration and Refugee Protection Act to come into Canada at a place designated by the Minister and to go to and remain in a place in Canada so designated for the period specified by the Minister. The Minister may make the authorization subject to any conditions that the Minister considers desirable.
Marginal note:Variation of authorization
(2) The Minister may vary the terms of an authorization granted under subsection (1) and, in particular, may extend the period of time during which the person is authorized to remain in a place in Canada.
Marginal note:Non-compliance with conditions of authorization
(3) A person in respect of whom an authorization is granted under subsection (1) and who is found in a place in Canada other than the place designated in the authorization or in any place in Canada after the expiry of the period of time specified in the authorization or who fails to comply with some other condition of the authorization is, for the purposes of the Immigration and Refugee Protection Act, deemed to be a person who entered Canada as a temporary resident and remains in Canada after the period authorized for their stay.
- 1999, c. 18, s. 75
- 2001, c. 27, s. 252
Marginal note:Unscheduled landing
76 If a person being extradited or surrendered from one State or entity to another arrives in Canada without prior consent to transit, a peace officer may, at the request of a public officer who has custody of the person while the person is being conveyed,
(a) if the person is being surrendered to the International Criminal Court, hold the person in custody for a maximum period of 96 hours pending receipt by the Minister of a request for a consent to transit from that Court; or
(b) in any other case, hold the person in custody for a maximum period of 24 hours pending receipt by the Minister of a request for a consent to transit from the requesting State or entity.
- 1999, c. 18, s. 76
- 2000, c. 24, s. 53
PART 3Extradition to Canada
Marginal note:Definition of competent authority
77 In this Part, competent authority means
(a) in respect of a prosecution or imposition of a sentence — or of a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985 — the Attorney General, or the Attorney General of a province who is responsible for the prosecution of the case; and
- 1999, c. 18, s. 77
- 2002, c. 1, s. 191
- 2005, c. 10, s. 34
Marginal note:Request by Canada for extradition
78 (1) The Minister, at the request of a competent authority, may make a request to a State or entity for the extradition of a person for the purpose of prosecuting the person for — or imposing or enforcing a sentence, or making or enforcing a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of — an offence over which Canada has jurisdiction.
Marginal note:Request for provisional arrest
(2) The Minister, at the request of a competent authority, may make a request to a State or entity for the provisional arrest of the person.
- 1999, c. 18, s. 78
- 2002, c. 1, s. 192
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