Extradition Act (S.C. 1999, c. 18)

Full Document:  

Act current to 2019-06-20 and last amended on 2005-07-19. Previous Versions

PART 2Extradition from Canada (continued)

Minister’s Power to Receive Requests

Marginal note:Request to go to Minister

  •  (1) A request by an extradition partner for the provisional arrest or extradition of a person shall be made to the Minister.

  • Marginal note:Provisional arrest request to go to Minister

    (2) A request by an extradition partner for the provisional arrest of a person may also be made to the Minister through Interpol.

Warrant for Provisional Arrest

Marginal note:Minister’s approval of request for provisional arrest

 The Minister may, after receiving a request by an extradition partner for the provisional arrest of a person, authorize the Attorney General to apply for a provisional arrest warrant, if the Minister is satisfied that

  • (a) the offence in respect of which the provisional arrest is requested is punishable in accordance with paragraph 3(1)(a); and

  • (b) the extradition partner will make a request for the extradition of the person.

Marginal note:Provisional arrest warrant

  •  (1) A judge may, on ex parte application of the Attorney General, issue a warrant for the provisional arrest of a person, if satisfied that there are reasonable grounds to believe that

    • (a) it is necessary in the public interest to arrest the person, including to prevent the person from escaping or committing an offence;

    • (b) the person is ordinarily resident in Canada, is in Canada or is on the way to Canada; and

    • (c) a warrant for the person’s arrest or an order of a similar nature has been issued or the person has been convicted.

  • Marginal note:Contents of the warrant

    (2) A provisional arrest warrant must

    • (a) name or describe the person to be arrested;

    • (b) set out briefly the offence in respect of which the provisional arrest was requested; and

    • (c) order that the person be arrested without delay and brought before the judge who issued the warrant or before another judge in Canada.

  • Marginal note:Execution throughout Canada

    (3) A provisional arrest warrant may be executed anywhere in Canada without being endorsed.

Marginal note:Discharge if no proceedings

  •  (1) A person who has been provisionally arrested, whether detained or released on judicial interim release, must be discharged

    • (a) when the Minister notifies the court that an authority to proceed will not be issued under section 15;

    • (b) if the provisional arrest was made pursuant to a request made under an extradition agreement that contains a period within which a request for extradition must be made and the supporting documents provided,

      • (i) when the period has expired and the extradition partner has not made the request or provided the documents, or

      • (ii) when the request for extradition has been made and the documents provided within the period but the Minister has not issued an authority to proceed before the expiry of 30 days after the expiry of that period; or

    • (c) if the provisional arrest was not made pursuant to a request made under an extradition agreement or was made pursuant to an extradition agreement that does not contain a period within which a request for extradition must be made and the supporting documents provided,

      • (i) when 60 days have expired after the provisional arrest and the extradition partner has not made the request or provided the documents, or

      • (ii) when the request for extradition has been made and the documents provided within 60 days but the Minister has not issued an authority to proceed before the expiry of 30 additional days.

  • Marginal note:Extension

    (2) On application of the Attorney General, a judge

    • (a) may extend a period referred to in subsection (1); or

    • (b) shall, in the case of a person arrested on the request of the International Criminal Court, extend a period referred to in subsection (1) for the period specified by the Attorney General, not to exceed 30 days.

  • Marginal note:Release of person

    (3) In extending a period under subsection (2), the judge may also grant the person judicial interim release or vary the conditions of their judicial interim release.

  • 1999, c. 18, s. 14
  • 2000, c. 24, s. 49

Authority to Proceed

Marginal note:Minister’s power to issue

  •  (1) The Minister may, after receiving a request for extradition and being satisfied that the conditions set out in paragraph 3(1)(a) and subsection 3(3) are met in respect of one or more offences mentioned in the request, issue an authority to proceed that authorizes the Attorney General to seek, on behalf of the extradition partner, an order of a court for the committal of the person under section 29.

  • Marginal note:Competing requests

    (2) If requests from two or more extradition partners are received by the Minister for the extradition of a person, the Minister shall determine the order in which the requests will be authorized to proceed.

  • Marginal note:Contents of authority to proceed

    (3) The authority to proceed must contain

    • (a) the name or description of the person whose extradition is sought;

    • (b) the name of the extradition partner; and

    • (c) the name of the offence or offences under Canadian law that correspond to the alleged conduct of the person or the conduct in respect of which the person was convicted, as long as one of the offences would be punishable in accordance with paragraph 3(1)(b).

  • Marginal note:Copy of authority to proceed

    (4) A copy of an authority to proceed produced by a means of telecommunication that produces a writing has the same probative force as the original for the purposes of this Part.

Arrest or Summons Following Authority to Proceed

Marginal note:Warrant of arrest or summons

  •  (1) The Attorney General may, after the Minister issues an authority to proceed, apply ex parte to a judge in the province in which the Attorney General believes the person is or to which the person is on their way, or was last known to be, for the issuance of a summons to the person or a warrant for the arrest of the person.

  • Marginal note:When provisionally arrested

    (2) If the person has been arrested pursuant to a provisional arrest warrant issued under section 13, the Attorney General need not apply for a summons or warrant under subsection (1).

  • Marginal note:Issuance of summons or warrant of arrest

    (3) The judge to whom an application is made shall issue a summons to the person, or a warrant for the arrest of the person, in accordance with subsection 507(4) of the Criminal Code, with any modifications that the circumstances require.

  • Marginal note:Execution throughout Canada

    (4) A warrant that is issued under this section may be executed, and a summons issued under this section may be served, anywhere in Canada without being endorsed.

  • Marginal note:Date of hearing — summons

    (5) A summons that is issued under this section must

    • (a) set a date for the appearance of the person before a judge that is not later than 15 days after its issuance; and

    • (b) require the person to appear at a time and place stated in it for the purposes of the Identification of Criminals Act.

  • Marginal note:Effect of appearance

    (6) A person appearing as required by subsection (5) is considered, for the purposes only of the Identification of Criminals Act, to be in lawful custody charged with an indictable offence.

Appearance

Marginal note:Appearance

  •  (1) A person who is arrested under section 13 or 16 is to be brought before a judge or a justice within twenty-four hours after the person is arrested, but if no judge or no justice is available during this time, the person shall be brought before a judge or a justice as soon as possible.

  • Marginal note:Appearance before justice

    (2) The justice before whom a person is brought under subsection (1) shall order that the person be detained in custody and brought before a judge.

 
Date modified: