Extradition Act (S.C. 1999, c. 18)

Act current to 2013-04-29 and last amended on 2005-07-19. Previous Versions

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.

PART 3

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.
Previous Version
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.
Previous Version
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).