Foreword

• Author: John Norris
• Profession: Barrister, Simcoe Chambers
• Pages: 13-14

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Foreword

The law of extradition is a foreign land for even the most experienced criminal lawyer.

While a criminal charge must be somewhere in the mix of an extradition request, that

is where the similarities between a criminal trial and the extradition process begin and

end. Guilt or innocence is not in issue in an extradition proceeding (something that

can be very dicult to explain to someone sought for extradition who is proclaiming

his or her innocence). An extradition hearing is not a trial. The proceedings are meant

to be fair but expeditious. Dierent rules of evidence apply in judicial proceedings

relating to interim release and committal. The need for prompt compliance with Can-

ada’s international obligations often appears to trump every other consideration.

Extradition is primarily an executive function, with many of the critical decisions being

made by the minister of justice, and the minister’s decisions, we are told, are “primarily

political in nature.” Those decisions, in turn, are reviewed by provincial courts of

appeal or the Supreme Court of Canada on a highly deferential standard. This can all

seem very foreign indeed.

Thankfully, Seth Weinstein and Nancy Dennison have provided this invaluable

guidebook. Both are highly experienced and well-regarded practitioners in the field.

They have now performed the invaluable service of bringing the perspectives of counsel

for the person sought for extradition and counsel for the attorney general of Canada/

minister of justice together in one place. This book oers a great deal not only to the

neophyte but also to those with experience in the area. The use of charts and sample

documents helps explain many of the intricacies of extradition law and procedure. The

clear, practical guidance the book oers for dealing with an extradition file from beginning

to end is especially useful for practitioners. At the same time, the discussions are thor-

oughly grounded in the jurisprudence, richly sourced, and doctrinally sophisticated.

Given the importance of executive decision-making, Chapter 14, Submission to the

Minister and the Minister’s Surrender Decision, is especially valuable. It provides a

comprehensive review of the powers of the minister, the grounds upon which surrender

may or must be refused and, most importantly, the points on which counsel for the person

sought may usefully be able to provide information and evidence to the minister.

As have many courts and commentators, Seth and Nancy acknowledge that the law

of extradition has been shaped by the increasing internationalization of crime. Our