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.