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How Can Extradition Be Challenged in Canada?

by christie Callihoo - 05 Aug 2022, Friday 58 Views Like (0)
How Can Extradition Be Challenged in Canada?

Extradition falls under criminal law. It is the process through which a country transfers a person who is suspected of committing a crime in another country to face criminal prosecution there.


The majority of nations have signed extradition treaties in which they agree to extradite people to specific nations when certain conditions are satisfied. To extradite someone in a specific circumstance, countries without an extradition treaty may also engage in a "specific agreement."


Will Canada deliver a person to a nation that requests extradition? Can Canada extradite someone to a partner country for any kind of criminal offence? If you have these questions in mind, we have got you covered. 


Being an experienced criminal lawyer in Edmonton, weíll guide you about the extradition challenges in Canada. By consulting with the right criminal lawyer, Individuals can get the various criminal charges dismissed or they can use their penalty and also know what their legal rights are.


Letís get started!

Defining Extradition In Canada

Extradition in Canada is controlled by several legal mechanisms, including the Extradition Act, the Canadian Charter of Rights and Freedoms, and other international extradition pacts between countries in which the governments agree to extradite persons on a mutual basis. 


It is nevertheless possible for two countries to reach a "specific agreement" to extradite a specific person even in cases when there is no extradition treaty between them e.g., Canada and Brazil. Canada will only extradite a person if there is proof of "double criminality," which requires that the suspected criminal action be illegal in both the nation requesting extradition and Canada.


Challenging Extradition

There are two methods to contest extradition: appealing the Committal Order or requesting a judicial review of the Surrender Order. The Court of Appeal will hear consolidated appeals and judicial reviews.


When someone is detained for extradition, they have the right to a bail hearing and the ability to challenge a decision granting their release on bail. Retaining an experienced criminal attorney to defend you at your extradition bail hearing might be highly advantageous because criminal lawyers frequently conduct bail hearings.


A person might encounter two possible orders during Canadian extradition procedures, and both of them can be challenged.

Committal Orders


A Committal Order, which is a court-enforced order, keeps a person who must be extradited or surrendered to another nation in Canada. The judge will consider and evaluate the risks of releasing the accused person while deciding whether to give a committal order. 


A committal order may be given if the accused person is likely to commit crimes in Canada and depart the area. Committal orders may be contested in bail hearings, and a person may appeal a judgement denying their request for bail release. The accused must show they do not pose either danger in issue to successfully challenge a committal order.

Surrender Orders


The Minister of Justice issues a surrender order to surrender a person from Canada to another country. Orders for surrender are issued at the ministerial level (rather than by a judge). If the following threshold criteria are satisfied, a minister may issue a surrender order:


  • According to section 6(1) of the Charter, which states that "every citizen of Canada has the right to enter, reside in, and leave Canada," the Minister must be persuaded that extradition represents a reasonable restriction on the accused person's rights.
  • In the Minister's opinion, extradition is preferable to domestic prosecution.


The court specified particular factors that the Minister should take into account while deciding whether to issue a surrender order consisting of:


  • Where was the impact of the offence felt or likely to have been felt?
  • Which jurisdiction has the greater interest in prosecuting the offence?
  • Which nationís police force played a central role in the development of the case?
  • Which jurisdiction has laid charges?
  • Is the evidence mobile?
  • How many accused are involved and can they be gathered together in one place for trial?
  • In what jurisdiction were most of the acts in furtherance of the crime committed?
  • What is the nationality and residence of the accused?
  • What is the severity of the sentence that the accused is likely to receive in each jurisdiction?


Conclusion

Immigration lawyers occasionally undertake extradition cases, but because extradition processes resemble criminal trials more than immigration trials, criminal lawyers with extensive litigation expertise are considerably more qualified to handle these cases successfully.


It is important to consult an experienced legal counsel to protect your legal rights. Slaferek Law is well-versed in criminal laws. Our entire focus is on criminal law, practising ethical, effective and efficient solutions to serve the best interests of our clients. We use this knowledge to defend clients who are facing any difficulties related to these services. You can get in touch with us to know more about us.