Extradition Act (S.C. 1999, c. 18)

Marginal note:Appearance

• 17. (1) A person who is arrested under section 13 or 16 is to be brought before a judge or a justice within twenty-four hours after the person is arrested, but if no judge or no justice is available during this time, the person shall be brought before a judge or a justice as soon as possible.

• Marginal note:Appearance before justice

  (2) The justice before whom a person is brought under subsection (1) shall order that the person be detained in custody and brought before a judge.

Marginal note:Decision of judge

• 18. (1) The judge before whom a person is brought following arrest under section 13 or 16 shall

  • (a) if the person has been arrested on the request of the International Criminal Court, order the detention in custody of the person unless

    • (i) the person shows cause, in accordance with subsection 522(2) of the Criminal Code, that their detention in custody is not justified, and

    • (ii) the judge is satisfied that, given the gravity of the alleged offence, there are urgent and exceptional circumstances that justify release — with or without conditions — and that the person will appear as required; or

  • (b) in any other case, order the release, with or without conditions, or detention in custody of the person.

• Marginal note:Mandatory adjournment

  (1.1) An application for judicial interim release in respect of a person referred to in paragraph (1)(a) shall, at the request of the Attorney General, be adjourned to await receipt of the recommendations of the Pre-Trial Chamber of the International Criminal Court. If the recommendations are not received within six days, the judge may proceed to hear the application.

• Marginal note:Recommendations of Pre-Trial Chamber

  (1.2) If the Pre-Trial Chamber of the International Criminal Court submits recommendations, the judge shall consider them before rendering a decision.

• Marginal note:Review by court of appeal

  (2) A decision respecting judicial interim release may be reviewed by a judge of the court of appeal and that judge may

  • (a) confirm the decision;

  • (b) vary the decision; or

  • (c) substitute any other decision that, in the judge’s opinion, should have been made.

Marginal note:Criminal Code

19. Part XVI of the Criminal Code applies, with any modifications that the circumstances require, in respect of a person arrested under section 13 or 16 or to whom a summons has been issued under section 16.