EXTRADITION

Canadian extradition proceedings can place liberty, international travel, family life and immigration status at risk. Early advice is essential because decisions made during the investigation and committal stages can shape the entire case.

THE EXTRADITION PROCESS

Canadian extradition generally proceeds through three stages:

• Authority to Proceed: The Minister of Justice must authorize the case before a committal hearing can proceed.

• Judicial phase: A superior court judge decides whether the evidence meets the Extradition Act test for committal. This is not a criminal trial, and the judge does not decide guilt or innocence.

• Ministerial phase: If the person is committed, the Minister decides whether surrender should be ordered, considering the Act, the applicable treaty, Charter protections and relevant humanitarian circumstances. A committal order may be appealed, and a surrender order may be challenged by judicial review.

DEFENCE STRATEGY

We assess the requesting state’s evidence, identity issues, treaty requirements, double criminality, Charter protections, delay, fairness and the potential consequences of surrender. Criminal, immigration and human-rights consequences may overlap and should be addressed together.

REQUEST A CONFIDENTIAL CONSULTATION

Speak directly with senior counsel about an extradition investigation, committal hearing or surrender decision.