Appendix: Extradition Act

• Author: Nancy L. Dennison/Seth Weinstein
• Pages: 433-452

433

Appendix:

Extradition Act

Extradition Act

S.C. 1999, c. 18

Assented to 1999-06-17

An Act respecting extradition, to amend the Canada

Evidence Act, the Criminal Code, the Immigration Act and

the Mutual Legal Assistance in Criminal Matters Act and

to amend and repeal other Acts in consequence

TABLE OF PROVISIONS

SHORT TITLE

1 Short title

PART  Interpretation

2 Definitions

PART  Extradition from Canada

Extraditable Conduct

3 General principle

4 Further proceedings

5 Jurisdiction

6 Retrospectivity

6.1 No immunity

Functions of the Minister

7 Functions of the Minister

Publication of Extradition Agreements

8 Publication in Canada Gazette

Designated States and Entities

9 Designated extradition partners

Specific Agreements

10 Specific agreements

Minister’s Power to Receive Requests

11 Request to go to Minister

Warrant for Provisional Arrest

12 Minister’s approval of request for provisional

arrest

13 Provisional arrest warrant

14 Discharge if no proceedings

Authority to Proceed

15 Minister’s power to issue

Arrest or Summons Following Authority to Proceed

16 Warrant of arrest or summons

Appearance

17 Appearance

18 Decision of judge

19 Criminal Code

20 Section 679 of the Criminal Code

21 Date of hearing — provisional arrest

22 Application for transfer

Substitution and Amendment of Authority to Proceed

23 Substitution of authority to proceed

Extradition Hearing

24 Extradition hearing

25 Competence

26 Order restricting publication of evidence

27 Exclusion of person from hearing

28 Power to compel witnesses

29 Order of committal

30 Authority to keep person in custody

Rules of Evidence

31 Definition of document

32 Evidence

33 Record of the case

34 Oath or solemn armation

35 No proof of signature

36 Translated documents

37 Evidence of identity

Judge’s Report

38 Report of the judge

434 Prosecuting and Defending Extradition Cases: A Practitioner’s Handbook

Property

39 Property seized

Powers of Minister

40 Surrender

41 When appeal pending

42 Amendments

Submissions

43 Submissions

Reasons for Refusal

44 When order not to be made

45 Refusal in extradition agreement

46 When order not to be made

47 When Minister may refuse to make order

47.1 When grounds for refusal do not apply

48 Discharge

Appeal

49 Appeal

50 Notice of appeal

51 Hearing of appeal

52 Provisions of the Criminal Code to apply

53 Powers of the court of appeal

54 Eect of allowing appeal

55 Powers

56 Deferral of Supreme Court appeal

Judicial Review of Minister’s Order

57 Review of order

Order of Surrender

58 Contents of the surrender order

59 Surrender for other oences

60 Power to convey

61 Escape

62 Delay before surrender

63 Place of surrender

64 Postponement of surrender

65 Return to Canada

Temporary Surrender

66 Temporary surrender

67 Order for surrender

68 Calculation of sentence

Remedy

69 Remedy in case of delay

Consent

70 Consent to committal

71 Consent to surrender

Waiver of Extradition

72 Waiving extradition

73 Escape

Transit

74 Transit

75 Special authorization

76 Unscheduled landing

PART  Extradition to Canada

77 Definition of competent authority

78 Request by Canada for extradition

79 Order in respect of evidence

80 Specialty if person is in Canada

81 Conveyance of surrendered person

82 Order of detention for temporary surrender

83 Commencement of sentence

PART  Transitional Provisions, Consequential

and Related Amendments and Repeals

Transitional Provisions

84 Cases pending — former Extradition Act

85 Cases pending — Fugitive Oenders Act

Consequential Amendments

Related Amendments

Repeals

SCHEDULE



Her Majesty, by and with the advice and consent of

the Senate and House of Commons of Canada,

enacts as follows:

SHORT TITLE

Short title

1 This Act may be cited as the Extradition Act.

PART 

INTERPRETATION

Definitions

2 The definitions in this section apply in this

Act.

Attorney General means the Attorney General of

Canada. (procureur général)

court means

(a) in Ontario, the Ontario Court (General

Division);

(b) in Quebec, the Superior Court;

(c) in New Brunswick, Manitoba, Alberta and

Saskatchewan, the Court of Queen’s Bench;

(d) in Nova Scotia, British Columbia, Yukon

and the Northwest Territories, the Supreme Court,

and in Nunavut, the Nunavut Court of Justice; and

(e) in Prince Edward Island and Newfoundland,

the Trial Division of the Supreme Court. (tribunal)

court of appeal means

(a) in the Province of Prince Edward Island, the

Appeal Division of the Supreme Court; and