GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Extradition Act — E-23.01 17
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. 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.
Extradition Act — E-23.01 18
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. 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. 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. 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. 1999, c. 18, s. 18; 2000, c. 24, s. 50
Extradition Act — E-23.01 19
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.
Extradition Act — E-23.01 20
Section 679 of the Criminal Code 20 Section 679 of the Criminal Code applies, with any modifications that the circumstances require, to the judicial interim release of a person pending (a) a determination of an appeal from an order of committal made under section 29; (b) the Minister’s decision under section 40 respecting the surrender of the person; or (c) a determination of a judicial review of the Minister’s decision under section 40 to order the surrender of the person.
Extradition Act — E-23.01 21
Date of hearing — provisional arrest 21 (1) If a person has been provisionally arrested, the judge before whom the person is brought shall (a) order the person to appear before the court from time to time during the period referred to in paragraph 14(1)(b) or (c); and (b) set a date for the extradition hearing if the Minister has issued an authority to proceed. Date of hearing after authority to proceed issued (2) If a person has been arrested or is a person to whom a summons has been issued under section 16, the judge before whom the person is brought shall set a date for the extradition hearing. Hearing (3) The judge shall set an early date for the extradition hearing, whether that date is in or out of the prescribed sessions of the court.
Extradition Act — E-23.01 22
Application for transfer 22 (1) On application of the Attorney General or the person arrested or to whom a summons has been issued under section 16, the judge shall, if satisfied that the interests of justice so require, order that the proceedings be transferred to another place in Canada and that the person appear before a judge in that place, and (a) if the person is detained, that the person be conveyed by a peace officer to the place; and (b) if the person is not detained or has been released on judicial interim release, that the person be summoned to appear at the place. Execution throughout Canada (2) A summons issued under paragraph (1)(b) may be served anywhere in Canada without being endorsed. Order respecting expenses (3) If the order under subsection (1) was made on the application of the Attorney General, the judge may order that the Attorney General pay the person’s reasonable travel expenses incurred further to the order.
Extradition Act — E-23.01 23
Substitution of authority to proceed 23 (1) The Minister may substitute another authority to proceed at any time before the extradition hearing begins. All documents issued and orders made by the court apply in respect of the new authority to proceed, unless the court, on application of the person or the Attorney General, orders otherwise. New date for hearing (1.1) Where the Minister substitutes another authority to proceed under subsection (1) and the person applies for another date to be set for the beginning of the extradition hearing in order to give the person an opportunity to examine the new authority, the judge may set another date for the hearing. Amendment of authority to proceed (2) The judge may, on application of the Attorney General, amend the authority to proceed after the hearing has begun in accordance with the evidence that is produced during the hearing. Withdrawal of the authority to proceed (3) The Minister may at any time withdraw the authority to proceed and, if the Minister does so, the court shall discharge the person and set aside any order made respecting their judicial interim release or detention.
Extradition Act — E-23.01 24
Extradition hearing 24 (1) The judge shall, on receipt of an authority to proceed from the Attorney General, hold an extradition hearing. Application of Part XVIII of the Criminal Code (2) For the purposes of the hearing, the judge has, subject to this Act, the powers of a justice under Part XVIII of the Criminal Code , with any modifications that the circumstances require.
Extradition Act — E-23.01 25
Competence 25 For the purposes of the Constitution Act, 1982 , a judge has, with respect to the functions that the judge is required to perform in applying this Act, the same competence that that judge possesses by virtue of being a superior court judge.
Extradition Act — E-23.01 26
Order restricting publication of evidence 26 Before beginning a hearing in respect of a judicial interim release or an extradition hearing, a judge may, on application by the person or the Attorney General and on being satisfied that the publication or broadcasting of the evidence would constitute a risk to the holding of a fair trial by the extradition partner, make an order directing that the evidence taken not be published or broadcast before the time that the person is discharged or, if surrendered, the trial by the extradition partner has concluded.
Extradition Act — E-23.01 27
Exclusion of person from hearing 27 The presiding judge may make an order excluding any person from the court for all or part of an extradition hearing or hearing in respect of a judicial interim release if the judge is of the opinion that it is in the interest of public morals, the maintenance of order or the proper administration of justice to exclude the person.
Extradition Act — E-23.01 28
Power to compel witnesses 28 A judge who presides over an extradition hearing or a hearing in respect of a judicial interim release may compel a witness to attend the hearing and sections 698 to 708 of the Criminal Code apply, with any modifications that the circumstances require.
Extradition Act — E-23.01 29
Order of committal 29 (1) A judge shall order the committal of the person into custody to await surrender if (a) in the case of a person sought for prosecution, there is evidence admissible under this Act of conduct that, had it occurred in Canada, would justify committal for trial in Canada on the offence set out in the authority to proceed and the judge is satisfied that the person is the person sought by the extradition partner; and (b) in the case of a person sought for the imposition or enforcement of a sentence, the judge is satisfied that the conviction was in respect of conduct that corresponds to the offence set out in the authority to proceed and that the person is the person who was convicted. Order of committal (2) The order of committal must contain (a) the name of the person; (b) the offence set out in the authority to proceed for which the committal is ordered; (c) the place at which the person is to be held in custody; and (d) the name of the extradition partner. Discharge of person (3) A judge shall order the person discharged if the judge does not order their committal under subsection (1). Relevant date (4) The date of the authority to proceed is the relevant date for the purposes of subsection (1). Extradition when person not present at conviction (5) Subject to a relevant extradition agreement, if a person has been tried and convicted without the person being present, the judge shall apply paragraph (1)(a).
Extradition Act — E-23.01 30
Authority to keep person in custody 30 (1) The order of committal constitutes the authority to keep the person in custody, subject to an order of judicial interim release. Duration of order (2) The order of committal remains in force until the person is surrendered or discharged or until a new hearing is ordered under paragraph 54(a).
Extradition Act — E-23.01 31
Definition of document 31 For the purposes of sections 32 to 38, document means data recorded in any form, and includes photographs and copies of documents.
Extradition Act — E-23.01 32
Evidence 32 (1) Subject to subsection (2), evidence that would otherwise be admissible under Canadian law shall be admitted as evidence at an extradition hearing. The following shall also be admitted as evidence, even if it would not otherwise be admissible under Canadian law: (a) the contents of the documents contained in the record of the case certified under subsection 33(3); (b) the contents of the documents that are submitted in conformity with the terms of an extradition agreement; and (c) evidence adduced by the person sought for extradition that is relevant to the tests set out in subsection 29(1) if the judge considers it reliable. Exception — Canadian evidence (2) Evidence gathered in Canada must satisfy the rules of evidence under Canadian law in order to be admitted.
Extradition Act — E-23.01 33
Record of the case 33 (1) The record of the case must include (a) in the case of a person sought for the purpose of prosecution, a document summarizing the evidence available to the extradition partner for use in the prosecution; and (b) in the case of a person sought for the imposition or enforcement of a sentence, (i) a copy of the document that records the conviction of the person, and (ii) a document describing the conduct for which the person was convicted. Other documents — record of the case (2) A record of the case may include other relevant documents, including documents respecting the identification of the person sought for extradition. Certification of record of the case (3) A record of the case may not be admitted unless (a) in the case of a person sought for the purpose of prosecution, a judicial or prosecuting authority of the extradition partner certifies that the evidence summarized or contained in the record of the case is available for trial and (i) is sufficient under the law of the extradition partner to justify prosecution, or (ii) was gathered according to the law of the extradition partner; or (b) in the case of a person sought for the imposition or enforcement of a sentence, a judicial, prosecuting or correctional authority of the extradition partner certifies that the documents in the record of the case are accurate. Authentication not required (4) No authentication of documents is required unless a relevant extradition agreement provides otherwise. Record of the case and supplements (5) For the purposes of this section, a record of the case includes any supplement added to it.
Extradition Act — E-23.01 34
Oath or solemn affirmation 34 A document is admissible whether or not it is solemnly affirmed or under oath.
Extradition Act — E-23.01 35
No proof of signature 35 A document purporting to have been signed by a judicial, prosecuting or correctional authority, or a public officer, of the extradition partner shall be admitted without proof of the signature or official character of the person appearing to have signed it.
Extradition Act — E-23.01 36
Translated documents 36 A translation of a document into one of Canada’s official languages shall be admitted without any further formality.
Extradition Act — E-23.01 37
Evidence of identity 37 The following are evidence that the person before the court is the person referred to in the order of arrest, the document that records the conviction or any other document that is presented to support the request: (a) the fact that the name of the person before the court is similar to the name that is in the documents submitted by the extradition partner; and (b) the fact that the physical characteristics of the person before the court are similar to those evidenced in a photograph, fingerprint or other description of the person.
Extradition Act — E-23.01 38
Report of the judge 38 (1) A judge who issues an order of committal of a person to await surrender shall transmit to the Minister the following documents: (a) a copy of the order; (b) a copy of the evidence adduced at the hearing that has not already been transmitted to the Minister; and (c) any report that the judge thinks fit. Right to appeal (2) When the judge orders the committal of a person, the judge shall inform the person that they will not be surrendered until after the expiry of 30 days and that the person has a right to appeal the order and to apply for judicial interim release.
Extradition Act — E-23.01 39
Property seized 39 (1) Subject to a relevant extradition agreement, a judge who makes an order of committal may order that any thing that was seized when the person was arrested and that may be used in the prosecution of the person for the offence for which the extradition was requested be transferred to the extradition partner at the time the person is surrendered. Conditions of order (2) The judge may include in the order any conditions that the judge considers desirable, including conditions (a) respecting the preservation and return to Canada of a thing; and (b) respecting the protection of the interests of third parties.
Extradition Act — E-23.01 40
Surrender 40 (1) The Minister may, within a period of 90 days after the date of a person’s committal to await surrender, personally order that the person be surrendered to the extradition partner. When refugee claim (2) Before making an order under subsection (1) with respect to a person who has made a claim for refugee protection under the Immigration and Refugee Protection Act , the Minister shall consult with the minister responsible for that Act. Powers of the Minister (3) The Minister may seek any assurances that the Minister considers appropriate from the extradition partner, or may subject the surrender to any conditions that the Minister considers appropriate, including a condition that the person not be prosecuted, nor that a sentence be imposed on or enforced against the person, in respect of any offence or conduct other than that referred to in the order of surrender. No surrender (4) If the Minister subjects surrender of a person to assurances or conditions, the order of surrender shall not be executed until the Minister is satisfied that the assurances are given or the conditions agreed to by the extradition partner. Extension of time (5) If the person has made submissions to the Minister under section 43 and the Minister is of the opinion that further time is needed to act on those submissions, the Minister may extend the period referred to in subsection (1) as follows: (a) if the person is the subject of a request for surrender by the International Criminal Court, and an issue has been raised as to the admissibility of the case or the jurisdiction of that Court, for a period ending not more than 45 days after the Court’s ruling on the issue; or (b) in any other case, for one additional period that does not exceed 60 days. Notice of extension of time (6) If an appeal has been filed under section 50 and the Minister has extended the period referred to in subsection (1), the Minister shall file with the court of appeal a notice of extension of time before the expiry of that period. 1999, c. 18, s. 40; 2000, c. 24, s. 51; 2001, c. 27, s. 250
Extradition Act — E-23.01 41
When appeal pending 41 (1) The Minister may postpone the making of the order of surrender if (a) an appeal has been filed under section 50; (b) the Minister files a notice of postponement with the court of appeal before the expiry of the period referred to in subsection 40(1); and (c) the order is made not later than 45 days after the date of the decision of the court of appeal. No further deferral of appeal (2) When the Minister has filed a notice of postponement with the court of appeal under paragraph (1)(b), that court may not defer the hearing of the appeal under subsection 51(2).
Extradition Act — E-23.01 42
Amendments 42 The Minister may amend a surrender order at any time before its execution.
Extradition Act — E-23.01 43
Submissions 43 (1) The person may, at any time before the expiry of 30 days after the date of the committal, make submissions to the Minister in respect of any ground that would be relevant to the Minister in making a decision in respect of the surrender of the person. Late acceptance of submissions (2) The Minister may accept submissions even after the expiry of those 30 days in circumstances that the Minister considers appropriate.
Extradition Act — E-23.01 44
When order not to be made 44 (1) The Minister shall refuse to make a surrender order if the Minister is satisfied that (a) the surrender would be unjust or oppressive having regard to all the relevant circumstances; or (b) the request for extradition is made for the purpose of prosecuting or punishing the person by reason of their race, religion, nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability or status or that the person’s position may be prejudiced for any of those reasons. When Minister may refuse to make order (2) The Minister may refuse to make a surrender order if the Minister is satisfied that the conduct in respect of which the request for extradition is made is punishable by death under the laws that apply to the extradition partner.
Extradition Act — E-23.01 45
Refusal in extradition agreement 45 (1) The reasons for the refusal of surrender contained in a relevant extradition agreement, other than a multilateral extradition agreement, or the absence of reasons for refusal in such an agreement, prevail over sections 46 and 47. Exception — multilateral extradition agreement (2) The reasons for the refusal of surrender contained in a relevant multilateral extradition agreement prevail over sections 46 and 47 only to the extent of any inconsistency between either of those sections and those provisions.
Extradition Act — E-23.01 46
When order not to be made 46 (1) The Minister shall refuse to make a surrender order if the Minister is satisfied that (a) the prosecution of a person is barred by prescription or limitation under the law that applies to the extradition partner; (b) the conduct in respect of which extradition is sought is a military offence that is not also an offence under criminal law; or (c) the conduct in respect of which extradition is sought is a political offence or an offence of a political character. Restriction (2) For the purpose of subparagraph (1)(c), conduct that constitutes an offence mentioned in a multilateral extradition agreement for which Canada, as a party, is obliged to extradite the person or submit the matter to its appropriate authority for prosecution does not constitute a political offence or an offence of a political character. The following conduct also does not constitute a political offence or an offence of a political character: (a) murder or manslaughter; (b) inflicting serious bodily harm; (c) sexual assault; (d) kidnapping, abduction, hostage-taking or extortion; (e) using explosives, incendiaries, devices or substances in circumstances in which human life is likely to be endangered or serious bodily harm or substantial property damage is likely to be caused; and (f) an attempt or conspiracy to engage in, counselling, aiding or abetting another person to engage in, or being an accessory after the fact in relation to, the conduct referred to in any of paragraphs (a) to (e).
Extradition Act — E-23.01 47
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
Extradition Act — E-23.01 47.1
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
Extradition Act — E-23.01 48
Discharge 48 (1) If the Minister decides not to make a surrender order, the Minister shall order the discharge of the person. 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
Extradition Act — E-23.01 49
Appeal 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.
Extradition Act — E-23.01 50
Notice of appeal 50 (1) An appellant who proposes to appeal to a court of appeal or to obtain the leave of that court to appeal must give notice of appeal or notice of the application for leave to appeal not later than 30 days after the decision of the judge with respect to the committal or discharge of the person, or the stay of proceedings, as the case may be, in any manner that may be directed by the rules of court. Extension of time (2) The court of appeal or a judge of the court of appeal may, either before or after the expiry of the 30 days referred to in subsection (1), extend the time within which notice of appeal or notice of an application for leave to appeal may be given.