How does an extradition process work in Toronto?

Extradition is the legal process through which a person accused or convicted of a crime in one country is surrendered to another country for prosecution or to serve their sentence. In Canada, this process is governed by the Extradition Act and various international extradition treaties. The process begins with an official extradition request from a foreign country, which must provide sufficient information about the individual and the crime committed. The International Assistance Group initially reviews the request within the Department of Justice to determine its validity.

If validated, the Minister of Justice issues an “Authority to Proceed,” and the case is heard in a Superior Court to determine if there’s enough evidence to justify extradition. Following this, the Minister of Justice makes the final decision on extradition, considering factors like the person’s health and risk of torture or mistreatment. However, the person sought for extradition can appeal the court’s and/or the Minister’s decision to higher courts, including potentially the Supreme Court of Canada.

The entire process can take months or even years, depending on the complexity of the case, the evidence provided, and the number of appeals. Because the extradition process involves both legal and diplomatic considerations, it is a highly complex area of law. Working with an experienced extradition defense lawyer in Toronto can help you navigate the process, protect your rights, and explore all available legal options.

What crimes does Canada extradite for?

Under Canada’s Extradition Act, extradition from Canada can take place for crimes that meet the following criteria:

Dual Criminality: The alleged crime must be recognized as a criminal offence in both the requesting country and Canada. This principle, known as dual criminality, means the act committed is considered a crime in both jurisdictions.

Punishable by Imprisonment: The offence must be punishable by a maximum prison sentence of two years or more in Canada.

Non-Political Crimes: Extradition generally applies to non-political crimes. A person cannot be extradited for a political offence or if the extradition request is politically motivated.

Non-Military Crimes: Extradition is typically not permitted for military offences that are not offences under criminal law.

No Death Penalty: If the person faces the death penalty in the requesting country, the Canadian Minister of Justice must seek assurances that the death penalty will not be imposed or, if imposed, will not be carried out.

Can I get bail if I am facing extradition? 

You have a right to bail even in extradition proceedings. Sam understands that fending off an attempt at extradition to a foreign country is difficult. Sam has vast experience in extradition law and dealing with foreign officials, especially in the United States. In some situations, your best option is to negotiate with the foreign authorities the terms of your surrender.

 Then Sam will assist in retaining local counsel in the jurisdiction you are being extradited to and working alongside that lawyer to help solve your extradition problems. In some cases, if you are a Canadian citizen, Sam can arrange for you to serve any sentence imposed by a foreign court here in Canada.

What if I am denied bail in my extradition hearing?

You have a right to appeal if you are denied bail. Sam Goldstein is experienced in conducting bail reviews. The process is similar to a bail review if you are denied bail with a criminal charge. 

What is Canada’s extradition policy?

Canada’s extradition policy, outlined in the Extradition Act and through international treaties, allows for the surrender of individuals located in Canada who are wanted by an extradition partner (a country with an extradition agreement with Canada) for prosecution or to carry out a sentence.

Key principles include dual criminality (the act must be a crime in both countries), serious offences (the act must be punishable by at least one year in prison), respect for human rights, and assurance that the death penalty will not be imposed or carried out if it’s applicable in the requesting country. The process involves an extradition hearing before a Canadian judge and a final decision by the Minister of Justice. Legal representation is essential for anyone facing extradition due to the complexity of the process.

Do all criminal lawyers take extradition cases?

Not all criminal lawyers handle extradition cases. Extradition law is a specialized area that involves both domestic criminal law and international law, and not all criminal defence lawyers may have the necessary experience or expertise in this area.

Extradition cases can be complex and often require an understanding of treaty law, international relations, and foreign legal systems, in addition to Canadian criminal law. Therefore, if you or someone you know is facing extradition, it is crucial to seek legal representation from an experienced criminal lawyer or a law firm with experience in extradition cases.

How long does extradition take in Canada?

The length of an extradition process in Canada can vary significantly depending on the complexity of the crime. Some matters may be resolved in a few months, particularly if the individual agrees to be extradited, while contested cases can take a year or more. Delays may arise due to legal challenges, appeals, or diplomatic considerations. Because extradition involves domestic and international laws, the timeline is often unpredictable and influenced by many legal and procedural factors.

Extradition is meant to be a simple and expeditious process by which Canada returns wanted fugitives to its partner nations.

Countries currently having extradition treaties with Canada are: Albania, Argentina, Austria, Belgium, Bolivia, Chile, Colombia, Cuba, Czechoslovakia, Denmark, Ecuador, El Salvador, Estonia, Finland, France, Germany, Greece, Guatemala, Haiti, Hong Kong, Hungary, Iceland, India, Israel, Italy, Korea, Latvia, Liberia, Lithuania, Luxembourg, Mexico, Monaco, Netherlands, Nicaragua, Norway, Panama, Paraguay, Peru, Philippines, Portugal, Romania, San Marino, South Africa, Spain, Sweden, Switzerland, Thailand, United States and Uruguay are all countries with extradition treaties with Canada.

“Sam was a phenomenal attorney. I was facing extradition and he was able to stop it. I would highly recommend him for his professional, respectful and honest nature.”