Extradition Act (S.C. 1999, c. 18)

Marginal note:Order of committal

• 29 (1) A judge shall order the committal of the person into custody to await surrender if

  • (a) in the case of a person sought for prosecution, there is evidence admissible under this Act of conduct that, had it occurred in Canada, would justify committal for trial in Canada on the offence set out in the authority to proceed and the judge is satisfied that the person is the person sought by the extradition partner; and

  • (b) in the case of a person sought for the imposition or enforcement of a sentence, the judge is satisfied that the conviction was in respect of conduct that corresponds to the offence set out in the authority to proceed and that the person is the person who was convicted.

• Marginal note:Order of committal

  (2) The order of committal must contain

  • (a) the name of the person;

  • (b) the offence set out in the authority to proceed for which the committal is ordered;

  • (c) the place at which the person is to be held in custody; and

  • (d) the name of the extradition partner.

• Marginal note:Discharge of person

  (3) A judge shall order the person discharged if the judge does not order their committal under subsection (1).

• Marginal note:Relevant date

  (4) The date of the authority to proceed is the relevant date for the purposes of subsection (1).

• Marginal note:Extradition when person not present at conviction

  (5) Subject to a relevant extradition agreement, if a person has been tried and convicted without the person being present, the judge shall apply paragraph (1)(a).