Marginal note:Unscheduled landing
76. If a person being extradited or surrendered from one State or entity to another arrives in Canada without prior consent to transit, a peace officer may, at the request of a public officer who has custody of the person while the person is being conveyed,
(a) if the person is being surrendered to the International Criminal Court, hold the person in custody for a maximum period of 96 hours pending receipt by the Minister of a request for a consent to transit from that Court; or
(b) in any other case, hold the person in custody for a maximum period of 24 hours pending receipt by the Minister of a request for a consent to transit from the requesting State or entity.
- 1999, c. 18, s. 76;
- 2000, c. 24, s. 53.
EXTRADITION TO CANADA
Definition of “competent authority”
77. In this Part, “competent authority” means
(a) in respect of a prosecution or imposition of a sentence — or of a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985 — the Attorney General, or the Attorney General of a province who is responsible for the prosecution of the case; and
(b) in respect of the enforcement of a sentence or a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,
(i) the Minister of Public Safety and Emergency Preparedness, if the person would serve the sentence in a penitentiary, or
(ii) the appropriate provincial minister responsible for corrections, in any other case.
- 1999, c. 18, s. 77;
- 2002, c. 1, s. 191;
- 2005, c. 10, s. 34.
Marginal note:Request by Canada for extradition
78. (1) The Minister, at the request of a competent authority, may make a request to a State or entity for the extradition of a person for the purpose of prosecuting the person for — or imposing or enforcing a sentence, or making or enforcing a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of — an offence over which Canada has jurisdiction.
Marginal note:Request for provisional arrest
(2) The Minister, at the request of a competent authority, may make a request to a State or entity for the provisional arrest of the person.
- 1999, c. 18, s. 78;
- 2002, c. 1, s. 192.
Marginal note:Order in respect of evidence
79. (1) A judge may, for the purposes of acquiring evidence for a request for extradition, on the ex parte application of a competent authority, make any order that is necessary to
(a) secure the attendance of a witness at any place designated by the judge;
(b) secure the production as evidence of data that is recorded in any form;
(c) receive and record the evidence; and
(d) certify or authenticate the evidence in a manner and form that is required by the requested State or entity.
Marginal note:Part XXII of the Criminal Code to apply
(2) Part XXII of the Criminal Code applies, with any modifications that the circumstances require, to orders under subsection (1).
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