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Extradition is the formal surrender of a person to another country for prosecution or punishment for crimes described in a treaty or request. In Canada, the Extradition Act governs the process, including the steps, safeguards, and decision points that can lead to surrender.
The process typically begins when a requesting state submits a formal extradition request to Canada. The Canadian government reviews the request for dual criminality, gravity of the offense, and potential human rights concerns before any court hearing occurs.
Key safeguards include the requirement that the offense be a crime in both Canada and the requesting state, and the opportunity for the person to challenge the surrender in court. The Federal Court and the Minister of Justice play central roles in the decision to surrender a person to another country.
Extradition matters in Canada are governed by the Extradition Act.
The Canadian Charter of Rights and Freedoms also applies to extradition proceedings. It protects rights to life, liberty, security of the person, and a fair hearing during the process.
Facing an extradition request can involve complex legal questions and multiple government bodies. A licensed extradition lawyer can protect your rights and guide you through the process.
Canada operates under several statutes and constitutional principles when handling extraditions. The major statutory framework is the Extradition Act, supplemented by other cross-border and rights-based laws.
In practice, extradition proceedings are heard in the Federal Court of Canada, and the Minister of Justice makes the ultimate surrender decision after court findings. For more information on court procedures and timelines, see official government resources on extradition processes.
The Charter applies to extradition proceedings, protecting rights during the process.
Extradition is the formal surrender of a person to another country for prosecution or punishment. In Canada, a two-step process begins with a court hearing in the Federal Court and ends with a surrender decision by the Minister of Justice.
The process starts when a requesting country submits a formal request to the Canadian authorities. A provisional arrest or a request for an arrest warrant may follow, depending on the circumstances and the evidence presented.
Dual criminality means the alleged offense must be a crime in both Canada and the requesting country. If the conduct is not criminal under Canadian law, extradition will typically be refused.
Timelines vary widely based on complexity and evidence. Some cases resolve in months, while others take years due to court review, appeals, and treaty negotiations.
Yes. An extradition lawyer can assess the request, protect your rights, gather supporting evidence, and represent you in court and negotiations with the authorities.
Yes. You can challenge the order in Federal Court on legal grounds such as improper process, lack of evidence, or human rights concerns under the Charter.
Grounds include double criminality, political offenses, risk of torture or human rights violations, or where surrender would contravene Canadian law or international obligations.
Yes. Detention is possible during certain stages of the process, but a lawyer can seek bail or alternatives to minimize time in detention.
Yes. Canada generally refuses extradition if the requesting country imposes the death penalty, unless the state provides assurances that the death penalty will not be carried out.
Costs vary by case, region, and complexity. Expect to discuss retainers, hourly rates, and potential disbursements during the initial consultation.
Qualifying depends on whether the offense is prosecutable in both countries and on treaty terms. A lawyer can assess dual criminality and treaty alignment for your situation.
Bring any indictment, arrest warrants, incoming extradition documents, timelines, and a list of witnesses or evidence. This helps your lawyer assess the case quickly and plan next steps.
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Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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