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Extradition Act (S.C. 1999, c. 18)

Full Document:  

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

PART 2Extradition from Canada (continued)

Consent

Marginal note:Consent to committal

  •  (1) A person may, at any time after the issuance of an authority to proceed, consent, in writing and before a judge, to committal.

  • Marginal note:Judge to order committal

    (2) A judge before whom a person consents under subsection (1) shall

    • (a) order the committal of the person into custody to await surrender to the extradition partner; and

    • (b) transmit a copy of the consent to the Minister.

Marginal note:Consent to surrender

  •  (1) A person may, at any time after arrest or appearance, consent, in writing and before a judge, to being surrendered.

  • Marginal note:Judge to order surrender

    (2) A judge before whom a person consents to being surrendered shall

    • (a) order the committal of the person into custody to await surrender to the extradition partner; and

    • (b) transmit a copy of the consent to the Minister.

  • 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:

    • (a) section 43 (submissions to the Minister);

    • (b) section 44 (reasons for refusal);

    • (c) section 48 (discharge of person);

    • (d) section 57 (judicial review of Minister’s decision); and

    • (e) paragraph 62(1)(a) (delay before surrender).

Waiver of Extradition

Marginal note:Waiving extradition

  •  (1) A person may, at any time after arrest or appearance, waive extradition in writing and before a judge.

  • Marginal note:Judge to inform person

    (2) A judge before whom a person gives a waiver under subsection (1) must inform the person

    • (a) of the consequences of the waiver including the consequences of waiving the protection of specialty; and

    • (b) that they will be conveyed without delay to the extradition partner.

  • Marginal note:Judge to order conveyance

    (3) The judge shall

    • (a) order the conveyance in custody of the person to the extradition partner; and

    • (b) transmit a copy of the waiver and the order to the Minister.

  • Marginal note:Conveyance order

    (4) The conveyance order must

    • (a) contain the name of the person who is to be conveyed; and

    • (b) state the extradition partner to which the person is to be conveyed.

Marginal note:Escape

  •  (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.

  • Marginal note:Arrest

    (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.

Transit

Marginal note:Transit

  •  (1) The Minister may consent to the transit in Canada of a person surrendered by one State or entity to another, subject to any terms and conditions that the Minister considers appropriate.

  • 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

  •  (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

 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

 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

  • (b) in respect of the enforcement of a sentence or a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,

    • (i) the Minister of Public Safety and Emergency Preparedness, if the person would serve the sentence in a penitentiary, or

    • (ii) the appropriate provincial minister responsible for corrections, in any other case.

  • 1999, c. 18, s. 77
  • 2002, c. 1, s. 191
  • 2005, c. 10, s. 34

Marginal note:Request by Canada for extradition

  •  (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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