What is Extradition?
Extradition is the legal process through which a foreign country requests the surrender of an individual from Canada to face trial outside the country’s borders. This process is governed by international treaties, and nearly every country, including Canada, has extradition agreements in place.
Request and Approval:
The process begins with a formal request from the foreign country, referred to as the Requesting State or Extradition Partner. The approval of the Minister of Justice and Attorney General of Canada is essential for the extradition proceedings to move forward. The offense in question must also be recognized as a crime under Canadian law.
Minimum Offense Requirement:
For extradition to occur, the offense must carry a potential prison sentence of at least two years in Canada. Once these conditions are met, the Minister of Justice issues an Authority to Proceed (ATP), enabling the arrest of the individual. Bail may be granted, but the arrested person is generally held in custody until the completion of the proceedings.
Committal Hearing:
A committal hearing, distinct from a trial, is conducted to determine if there is enough evidence to send the individual to another jurisdiction for trial. This hearing does not assess guilt or innocence but focuses on the presence of evidence supporting the alleged offense.
Right to Legal Representation:
Throughout the extradition process, individuals have the right to legal representation at every stage. This includes securing a lawyer for bail applications, legal counsel during the committal hearing, and representation before the Minister of Justice. Additionally, the right to appeal decisions to higher courts, such as the Court of Appeal of the relevant province, provides a recourse option.
How to Challenge Extradition and Seek Legal Support:
If you are facing the possibility of extradition, it is crucial to act swiftly. Engage a qualified lawyer to review your case, represent you at the committal hearing, and explore avenues for appeal. Time is of the essence, as extradition proceedings move rapidly. If an extradition order is issued, you have a limited window, usually 30 days, to appeal the decision to the Minister of Justice.
Seeking Expert Advice:
If you have questions or concerns about the extradition process, consulting a legal expert is essential. Lawyers at Smyllie Law specialize in extradition cases and can provide you with tailored advice and guidance to navigate this challenging legal situation. Contact us for expert assistance and protect your rights in the face of extradition proceedings.