Authority to Proceed
Marginal note:Minister’s power to issue
15. (1) The Minister may, after receiving a request for extradition and being satisfied that the conditions set out in paragraph 3(1)(a) and subsection 3(3) are met in respect of one or more offences mentioned in the request, issue an authority to proceed that authorizes the Attorney General to seek, on behalf of the extradition partner, an order of a court for the committal of the person under section 29.
Marginal note:Competing requests
(2) If requests from two or more extradition partners are received by the Minister for the extradition of a person, the Minister shall determine the order in which the requests will be authorized to proceed.
Marginal note:Contents of authority to proceed
(3) The authority to proceed must contain
(a) the name or description of the person whose extradition is sought;
(b) the name of the extradition partner; and
(c) the name of the offence or offences under Canadian law that correspond to the alleged conduct of the person or the conduct in respect of which the person was convicted, as long as one of the offences would be punishable in accordance with paragraph 3(1)(b).
Marginal note:Copy of authority to proceed
(4) A copy of an authority to proceed produced by a means of telecommunication that produces a writing has the same probative force as the original for the purposes of this Part.
Arrest or Summons Following Authority to Proceed
Marginal note:Warrant of arrest or summons
16. (1) The Attorney General may, after the Minister issues an authority to proceed, apply ex parte to a judge in the province in which the Attorney General believes the person is or to which the person is on their way, or was last known to be, for the issuance of a summons to the person or a warrant for the arrest of the person.
Marginal note:When provisionally arrested
(2) If the person has been arrested pursuant to a provisional arrest warrant issued under section 13, the Attorney General need not apply for a summons or warrant under subsection (1).
Marginal note:Issuance of summons or warrant of arrest
(3) The judge to whom an application is made shall issue a summons to the person, or a warrant for the arrest of the person, in accordance with subsection 507(4) of the Criminal Code, with any modifications that the circumstances require.
Marginal note:Execution throughout Canada
(4) A warrant that is issued under this section may be executed, and a summons issued under this section may be served, anywhere in Canada without being endorsed.
Marginal note:Date of hearing — summons
(5) A summons that is issued under this section must
(a) set a date for the appearance of the person before a judge that is not later than 15 days after its issuance; and
(b) require the person to appear at a time and place stated in it for the purposes of the Identification of Criminals Act.
Marginal note:Effect of appearance
(6) A person appearing as required by subsection (5) is considered, for the purposes only of the Identification of Criminals Act, to be in lawful custody charged with an indictable offence.
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