Marginal note:When Minister may refuse to make order
47. The Minister may refuse to make a surrender order if the Minister is satisfied that
(a) the person would be entitled, if that person were tried in Canada, to be discharged under the laws of Canada because of a previous acquittal or conviction;
(b) the person was convicted in their absence and could not, on surrender, have the case reviewed;
(c) the person was less than eighteen years old at the time of the offence and the law that applies to them in the territory over which the extradition partner has jurisdiction is not consistent with the fundamental principles governing the Youth Criminal Justice Act;
(d) the conduct in respect of which the request for extradition is made is the subject of criminal proceedings in Canada against the person; or
(e) none of the conduct on which the extradition partner bases its request occurred in the territory over which the extradition partner has jurisdiction.
- 1999, c. 18, s. 47;
- 2002, c. 1, s. 190.
Marginal note:When grounds for refusal do not apply
47.1 The grounds for refusal set out in sections 44, 46 and 47 do not apply in the case of a person who is the subject of a request for surrender by the International Criminal Court.
- 2000, c. 24, s. 52.
48. (1) If the Minister decides not to make a surrender order, the Minister shall order the discharge of the person.
Marginal note:When refugee claim
(2) When the Minister orders the discharge of a person and the person has made a claim for refugee protection under the Immigration and Refugee Protection Act, the Minister shall send copies of all relevant documents to the minister responsible for that Act.
- 1999, c. 18, s. 48;
- 2001, c. 27, s. 251.
49. A person may appeal against an order of committal — or the Attorney General, on behalf of the extradition partner, may appeal the discharge of the person or a stay of proceedings — to the court of appeal of the province in which the order of committal, the order discharging the person or the order staying the proceedings was made,
(a) on a ground of appeal that involves a question of law alone;
(b) on a ground of appeal that involves a question of fact or a question of mixed law and fact, with leave of the court of appeal or a judge of the court of appeal; or
(c) on a ground of appeal not set out in paragraph (a) or (b) that appears to the court of appeal to be a sufficient ground of appeal, with leave of the court of appeal.
- Date modified: