Extradition Act (S.C. 1999, c. 18)

Marginal note:When order not to be made

• 44 (1) The Minister shall refuse to make a surrender order if the Minister is satisfied that

  • (a) the surrender would be unjust or oppressive having regard to all the relevant circumstances; or

  • (b) the request for extradition is made for the purpose of prosecuting or punishing the person by reason of their race, religion, nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability or status or that the person’s position may be prejudiced for any of those reasons.

• Marginal note:When Minister may refuse to make order

  (2) The Minister may refuse to make a surrender order if the Minister is satisfied that the conduct in respect of which the request for extradition is made is punishable by death under the laws that apply to the extradition partner.