Extradition
Extradition is a process where one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to their law enforcement. It is a cooperative law enforcement process between the two jurisdictions and depends on the arrangements made between them.
The process is conducted pursuant to the Extradition Act, and various international treaties. Needless to say, it must be done in conformity with the Charter of Rights and Freedoms.
The Canadian Government can extradite someone to another country in any of the following three situations: (a) for the person to stand trial, (b) for the person to receive a sentence, or (c) for the person to serve a sentence.
A person may only be extradited from Canada if the alleged criminal act in question (for which the extradition is sought), is considered by both countries as a criminal offence.
The extradition process proceeds in three distinct parts:
- The Authority to Proceed – this is the decision of the Minister of Justice to begin the extradition process after having received a request from a foreign government,
- The Judicial Phase – also called the extradition hearing, wherein a Superior Court judge decides whether there is sufficient evidence of the act in question to warrant extradition, and,
- The Ministerial Phase – once the extradition judge has ordered the committal, it falls back to the Minister of Justice to decide if it is appropriate to proceed with the extradition.
What Steven Slimovitch Can Offer You
When you or someone you know is facing extradition, it is important to retain the services of an experienced criminal defence lawyer as soon as possible. Extradition is a highly technical branch of the law and can be quite complicated. Steven Slimovitch is a highly skilled and experienced criminal defence lawyer with a very impressive track record in this area. He has represented countless people facing extradition and has successfully supported them throughout the process and enabled them to get their lives back on track.
Frequently Asked Questions
What is the Extradition Act and how does it work?
The Extradition Act governs the extradition process by which Canada may extradite a person to another state to be tried, serve a sentence, or answer for one or more offences. Any extradition request generally begins through diplomatic channels, often under a bilateral treaty.
An extradition request must be submitted by the requesting state, accompanied by a statement of facts and evidence. After the provisional arrest of the person sought, a hearing is held before a judge. As a last resort, the Minister of Justice—also acting as Attorney General of Canada—decides whether or not to authorize the extradition
What are my rights during extradition proceedings?
Throughout the criminal extradition proceedings, you have the right to:
- Be represented by a lawyer
- Have a fair hearing
- Challenge the evidence presented in support of a request
- Appeal or seek judicial review if your rights have been violated.
Extradition in Canada complies with the legal obligations set out in the Canadian Charter of Rights and Freedoms, as well as the laws in force, including those of the Department of Justice Canada.
How long does an extradition procedure take?
The length of time varies depending on the complexity of the case and the remedies sought. An extradition request can be processed in a few months, but it is not uncommon for an extradition proceeding to take a year or more, especially in cases involving appeals, contested release, or constitutional issues.
Can I be detained while awaiting extradition?
Yes. Provisional arrest is often required at the request of the requesting state, under an extradition treaty. However, the person sought may apply for bail. This decision is made by a judge, who assesses the risk of flight, the state of health, and the danger to society.
What defences can I invoke against extradition between Canada and another country?
The main grounds for contesting extradition are as follows:
- The offence does not exist under Canadian law.
- The prosecution is politically motivated.
- The evidence is insufficient or questionable.
- Extradition would violate fundamental human rights (for example, if there is a risk of torture or inhuman treatment in the requested country).
An experienced extradition lawyer can analyze the procedural steps and develop an effective defence.
Can I appeal an extradition decision?
Yes. You can:
- Appeal the court’s decision,
- Challenge the decision of the Minister of Justice before the Federal Court by means of a judicial review.
These appeals are subject to strict deadlines (often 30 days from the date of the judgment). It is therefore crucial to act quickly with the assistance of a specialized lawyer.
How can a lawyer help me?
A lawyer who is an expert in criminal law and extradition proceedings will:
- Analyzes the validity of the extradition request,
- Verifies compliance with the law of the requested state and the applicable extradition treaty,
- prepares your defence for the hearing,
- assists you in obtaining release or in appeals before the courts.
The Department of Justice, the Minister of Justice, and the Attorney General all play a central role in the enforcement of a sentence or in the decision to surrender the person sought.
Can I contact you at any time if I am arrested or charged with a crime?
Yes. Steven Slimovitch is available 24/7 for urgent criminal matters. If you are arrested or charged, you can call at any time to receive immediate legal assistance. Acting quickly can be critical to protecting your rights.
Will you represent me immediately if I contact you after an arrest?
Absolutely. Steven Slimovitch can act on your behalf right away. Having a lawyer present from the earliest stage helps ensure that your rights are respected and can significantly impact the outcome of your case.
Do I need to meet you in person to start working with you?
Not necessarily. In urgent cases, initial consultations can often be done over the phone or by videoconference. Steven Slimovitch will work with you to find the fastest, most efficient way to begin your defence.
How quickly can you start working on my case?
Immediately. Upon your first contact, Steven Slimovitch will start assessing your situation and advising you on the next steps to take. Early intervention often makes a major difference in criminal matters.
Do you handle cases outside of Montreal?
Yes. Although based in Montreal, Steven Slimovitch regularly represents clients across Quebec and can discuss handling cases elsewhere depending on the circumstances.
LEGAL FEES
Steven Slimovitch offers a free initial consultation in order to properly assess your particular situation and circumstance.
Legal fees are determined either on a per-hour billing rate or a flat fee basis. We will always provide you with an accurate estimate of the potential financial costs associated with your file.