How Extradition Proceedings Commence

• Author: Nancy L. Dennison/Seth Weinstein
• Pages: 45-68

45

How Extradition

Proceedings

Commence

2

I. Overview ................................................ 46

II. Provisional Arrest Requests ................................. 46

A. Factors Considered in Determining Whether to Seek a

Provisional Arrest Warrant ............................ 47

B. Obtaining the Provisional Arrest Warrant ................ 49

C. Timelines for Provisional Arrest Warrants ................ 49

III. Straight Arrest Requests ................................... 52

A. Requests Pursuant to Treaties ......................... 52

B. Requests Pursuant to Specific Agreements ............... 53

C. Review Process by the IAG ............................ 53

D. Sealing Order ...................................... 56

IV. Effecting the Arrest ........................................ 57

Appendix 2.1 Sample Authority to Apply for a Provisional

Arrest Warrant .............................. 58

Appendix 2.2 Sample Provisional Arrest Warrant .............. 59

Appendix 2.3 Sample Authority to Proceed ................... 61

Appendix 2.4 Sample Letter to Attorney General Regarding

Client Surrendering .......................... 62

Appendix 2.5 Sample Straight Arrest Warrant ................. 63

Appendix 2.6 Sample Summons ........................... 65

Appendix 2.7 Sample Sealing Order ........................ 67

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

I. Over view

A foreign arrest warrant from a requesting state is not valid in Canada. A person can

only be arrested for extradition proceedings pursuant to an arrest warrant issued pursu-

ant to the Extradition Act.1 There are two types of situations where an arrest warrant

can be obtained:

1. a provisional arrest request; and

2. an arrest warrant or summons issued pursuant to a straight arrest request.

A provisional arrest request occurs where there are urgent circumstances and

therefore the requesting state does not have time to prepare a full extradition package.

The person is arrested and may apply for bail while waiting for the full extradition

request to be sent, at which time the minister of justice will determine whether to

proceed with the extradition.

In the case of a straight arrest request, the requesting state has provided all of the

documentation in support of the extradition request. Counsel for the minister reviews

the request to ensure that it complies with the treaty and determines whether to issue the

authority to proceed, which permits the attorney general of Canada to seek an arrest

warrant for the individual and to hold an extradition (committal) hearing.

While the processes to commence extradition proceedings may vary, ultimately by the

time of the committal hearing there is no distinction. The main dierence between

the processes is the time at which the authority to proceed is issued, as discussed below.

II. Provisional Arrest Requests

It appears that all of Canada’s extradition treaties allow an extradition request to be

made on an urgent basis pending receipt of a full extradition request, known as a pro-

visional arrest request. Requests from the United States generally come from the Oce

of International Assistance (OIA) in Washington, DC; the OIA is the US equivalent of

Canada’s International Assistance Group (IAG).2 Requests from countries other than

the United States are often sent by the requesting state to Interpol and then on to the

IAG.3 The person being sought for extradition is usually not aware of the request for

a warrant and, as a result, they are typically arrested without notice. Although the IAG

will not usually confirm the existence of a warrant, if the person sought does learn of

1 États-Unis d’Amérique c Aharon, 1999 CanLII 11118 at para 10 (Qc CS); Extradition Act, SC

1999, c18.

2 International Assistance Group Deskbook, online: <http://www.justice.gc.ca/eng/cj-jp/

emla-eej/db-gs.html>.

3 Ibid.