Canadian Extradition Law
Extradition is the process by which a foreign government seeks to acquire a person in Canada, who is accused of, or who has been convicted of a crime in the country that is making the request for extradition.
Canada will only extradite individuals to partner countries that share extradition treaties with them. In all cases, the conduct for which extradition is sought must be considered criminal in both the requesting country and in Canada. This is known as “dual criminality”.
Extradition law is an intricate process that involves Canadian courts, the federal government and international law.
Three Key Stages to the Canadian Extradition Process
If you are facing extradition proceedings, or you are the subject of an extradition order, you need an experienced lawyer to represent you. Our lawyers will transparently explain the extradition process and how it will affect you. There are three main steps in the extradition process:
- A Partner Country issues a request for extradition and the Minister of Justice must determine whether to authorize the commencement of extradition proceedings in the Canadian courts;
- If so, the Canadian courts must determine whether there is sufficient evidence to justify the person’s committal for extradition; and
- Where the person is committed for extradition, the Minister of Justice must personally decide whether to order the person’s extradition to the foreign state. A person sought for extradition may appeal their committal and also seek judicial review of the Minister’s surrender order.
Let Our Experienced Extradition Lawyer Help
If you are facing extradition proceedings, or you are the subject of an extradition order, you need an experienced lawyer to represent you. Stuart Lein will explain the extradition process and how it applies to you. We will defend you and protect your rights at every stage of the Extradition Process.
We can also provide assistance in situations where the Canadian Government is seeking to extradite you from a partner country and prosecute you in Canada.