In simple terms, extradition refers to exchanging fugitives, convicted criminals, or any specific individuals between two different nations under certain codes and regulations.
According to international law, extradition is a cooperative process in which one country demands an individual to another country to prosecute crimes committed in the requesting country’s law.
Extradition from Canada
To have or request an accused person from Canada, the country that has placed the fugitive exchange request should have an extradition treaty with Canada. Then Canada will consider that country as an extradition partner.
In this case, the crime committed by the convict must be punishable in both countries. There are many countries with whom Canada maintains active extradition treaties. There are also non-extradition countries that will not extradite to Canada.
These are countries having extradition treaties with Canada:
Around thirty nations worldwide have an extradition treaty with Canada, including Korea, Latvia, Liberia, Lithuania, The USA, Norway, Portugal, Belgium.
Request for Extradition
The extradition process requires some process to follow. From the Minister of Justice to the courts, the authority maintains the proper legal orders and shared responsibilities throughout the process.
Firstly, after receiving an extradition call from another country, the authority decides whether it will move on for further proceedings or not.
Secondly, a judge specializing in extradition trials calls for a hearing session to decide whether to bring the person who sought extradition if an ATP order is in the process of execution.
Thirdly, if they wanted a person committed to extradition, the Minister decides whether they needed to be handed over to the partner country.
- Step One: Authority to Proceed
- Step Two: Judicial Phase
- Step Three: Ministerial Phase
First Phase: Authority to Proceed (ATP)
Any legal action happens at the same place where the arrest warrant is in place to bring anyone into the trial or proceedings. As it is extradition from Canada, the partner country should come up with all the conclusive evidence to prove that the wanted person has broken laws and needs to be placed into legal action.
There are laws and orders for all that, including when the evidence representation needs to be completed. The extradition process is monitored mainly by the Department of Justice Canada on behalf of the Federal Minister of Justice.
Second Phase: Extradition Hearing (Judicial Phase)
An extradition judge makes the initial decision at this stage of the province’s superior court in Canada. At the extradition hearing, the judge determines the sufficiency of the shreds of evidence against the person in court.
Upon the satisfaction of the pieces of evidence, the court moves forward with the process; if not, the person is released. This judicial phase of the extradition hearing is not a trial.
Third Phase: Decision on Surrender (Ministerial Phase)
At this stage, the Minister of justice performs the decision-making process. The Minister takes the decision upon the order of the extradition judge. The Minister considers the requirements of the Extradition Act of Canada and other applicable treaties and human rights charter during the decision on surrender for a fair judicial process.
The Extradition Act maintains some mandatory grounds and considers any submission made by the person sought for extradition.
Extradition to Canada
If any situation arrives to bring a fugitive or any other lawbreaker, the extradition to Canada can happen. It can be for trial or any legal proceedings.
For that, authority can ask the state to bring back that particular person. In this case, the partner country can apply its own law of extradition during any fugitive exchange. The following process in Canada will be monitored by higher authorities and people involved in it.
Extradition is a critical and confidential process of exchanging escapees occurs between nations. In Canada, it is maintained by established rules like many European nations.
Note: This is a general overview of Canada’s extradition treaties. The actual laws/acts/treaties may be a little different. For more specifications, please consult with the professionals or local authorities.