GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Extradition Act — E-23.01 51
Hearing of appeal 51 (1) An appeal under this Act shall be scheduled for hearing by the court of appeal at an early date whether that date is in or out of the prescribed sessions of that court. Deferral of appeal (2) The hearing of an appeal against an order of committal may be deferred by the court of appeal until the Minister makes a decision in respect of the surrender of the person under section 40.
Extradition Act — E-23.01 52
Provisions of the Criminal Code to apply 52 (1) Sections 677, 678.1, 682 to 685 and 688 of the Criminal Code apply, with any modifications that the circumstances require, to appeals under this Act. Rules (2) Unless inconsistent with the provisions of this Act, rules made by the court of appeal under section 482 of the Criminal Code in relation to appeals to that court under that Act apply, with any modifications that the circumstances require, to appeals under this Act.
Extradition Act — E-23.01 53
Powers of the court of appeal 53 On the hearing of an appeal against an order of committal of a person, the court of appeal may (a) allow the appeal, in respect of any offence in respect of which the person has been committed, if it is of the opinion (i) that the order of committal should be set aside on the ground that it is unreasonable or cannot be supported by the evidence, (ii) that the order of committal should be set aside on the ground of a wrong decision on a question of law, or (iii) that, on any ground, there was a miscarriage of justice; or (b) dismiss the appeal (i) if it does not allow the appeal on any ground referred to in paragraph (a), or (ii) even though the court of appeal is of the opinion that on the ground referred to in subparagraph (a)(ii) the appeal may be decided in favour of the appellant, if it is of the opinion that no substantial wrong or miscarriage of justice has occurred and the order of committal should be upheld.
Extradition Act — E-23.01 54
Effect of allowing appeal 54 If the court of appeal allows an appeal under paragraph 53(a), it shall (a) set aside the order of committal and (i) discharge the person, or (ii) order a new extradition hearing; or (b) amend the order of committal to exclude an offence in respect of which the court is of the opinion that the person has not been properly committed on a ground referred to in subparagraph 53(a)(i), (ii) or (iii).
Extradition Act — E-23.01 55
Powers 55 (1) On the hearing of an appeal against the discharge of a person or against a stay of proceedings, the court of appeal may (a) allow the appeal and set aside the order of discharge or stay, if it is of the opinion (i) that the order of discharge should be set aside on the ground that it is unreasonable or cannot be supported by the evidence, (ii) that the order of discharge or the stay of proceedings should be set aside on the ground of a wrong decision on a question of law, or (iii) that, on any ground, there was a miscarriage of justice; or (b) dismiss the appeal. Order for new extradition hearing or committal (2) The court of appeal may, if it sets aside a stay of proceedings, order a new extradition hearing. The court of appeal may, if it sets aside an order of discharge, order a new extradition hearing or order the committal of the person.
Extradition Act — E-23.01 56
Deferral of Supreme Court appeal 56 (1) The Supreme Court may defer, until the Minister makes a decision with respect to the surrender of the person under section 40, the hearing of an application for leave to appeal, or the hearing of an appeal, from a decision of the court of appeal on an appeal taken under section 49, or on any other appeal in respect of a matter arising under this Act. Deferral of Supreme Court appeal (2) The Supreme Court may also, if an application for judicial review is made under section 57 or otherwise, defer the hearing until the court of appeal makes its determination on the application.
Extradition Act — E-23.01 57
Review of order 57 (1) Despite the Federal Courts Act , the court of appeal of the province in which the committal of the person was ordered has exclusive original jurisdiction to hear and determine applications for judicial review under this Act, made in respect of the decision of the Minister under section 40. Application (2) An application for judicial review may be made by the person. Time limitation (3) An application for judicial review shall be made, in accordance with the rules of court of the court of appeal, within 30 days after the time the decision referred to in subsection (1) was first communicated by the Minister to the person, or within any further time that the court of appeal, either before or after the expiry of those 30 days, may fix or allow. Section 679 of the Criminal Code (4) Section 679 of the Criminal Code applies, with any modifications that the circumstances require, to an application for judicial review. Hearing of application (5) An application for judicial review shall be scheduled for hearing by the court of appeal at an early date whether that date is in or out of the prescribed sessions of that court. Powers of court of appeal (6) On an application for judicial review, the court of appeal may (a) order the Minister to do any act or thing that the Minister has unlawfully failed or refused to do or has unreasonably delayed in doing; or (b) declare invalid or unlawful, quash, set aside, set aside and refer back for determination in accordance with any directions that it considers appropriate, prohibit or restrain the decision of the Minister referred to in subsection (1). Grounds of review (7) The court of appeal may grant relief under this section on any of the grounds on which the Federal Court may grant relief under subsection 18.1(4) of the Federal Courts Act . Defect in form or technical irregularity (8) If the sole ground for relief established in an application for judicial review is a defect in form or a technical irregularity, the court of appeal may (a) refuse the relief if it finds that no substantial wrong or miscarriage of justice has occurred; or (b) in the case of a defect in form or a technical irregularity in the decision, make an order validating the order, to have effect from the time and on the terms that it considers appropriate. One hearing by court of appeal (9) If an appeal under section 49 or any other appeal in respect of a matter arising under this Act is pending, the court of appeal may join the hearing of that appeal with the hearing of an application for judicial review. Provincial rules of judicial review apply (10) Unless inconsistent with the provisions of this Act, all laws, including rules, respecting judicial review in force in the province of the court of appeal apply, with any modifications that the circumstances require, to applications under this section. 1999, c. 18, s. 57; 2002, c. 8, s. 141
Extradition Act — E-23.01 58
Contents of the surrender order 58 An order of surrender must (a) contain the name of the person who is to be surrendered; (b) describe the offence in respect of which the extradition is requested, the offence for which the committal was ordered or the conduct for which the person is to be surrendered; (c) state the extradition partner to which the person is to be conveyed; (d) direct the person who has custody of the person to be surrendered to deliver them into the custody of the person or a member of the class of persons referred to in paragraph (e); (e) designate the person or class of persons authorized for the purposes of section 60; (f) set out any assurances or conditions to which the surrender is subject; (g) fix, in the case of postponement of surrender under section 64, the period of time at or before the expiry of which the person is to be surrendered; and (h) fix, in the case of a temporary surrender under section 66, (i) the period of time at or before the expiry of which the person to be surrendered must be returned to Canada, and (ii) the period of time at or before the expiry of which final surrender shall take place.
Extradition Act — E-23.01 59
Surrender for other offences 59 Subject to a relevant extradition agreement, the Minister may, if the request for extradition is based on more than one offence, order the surrender of a person for all the offences even if not all of them fulfil the requirements set out in section 3, if (a) the person is being surrendered for at least one offence that fulfils the requirements set out in section 3; and (b) all the offences relate to conduct that, had it occurred in Canada, would have constituted offences that are punishable under the laws of Canada.
Extradition Act — E-23.01 60
Power to convey 60 On the execution of a surrender order, the person or persons designated under paragraph 58(e) shall have the authority to receive, hold in custody and convey the person into the territory over which the extradition partner has jurisdiction.
Extradition Act — E-23.01 61
Escape 61 (1) If the person escapes while in custody, the law that applies with respect to a person who is accused or convicted of a crime against the laws of Canada and who escapes applies with respect to the person. Arrest (2) If the person escapes while in custody, the person or member of the class of persons having custody of the person has the power to arrest them in fresh pursuit.
Extradition Act — E-23.01 62
Delay before surrender 62 (1) No person may be surrendered (a) until a period of 30 days has expired after the date of the committal for surrender; or (b) if an appeal or a judicial review in respect of a matter arising under this Act, or any appeal from an appeal or judicial review, is pending, until after the date of the final decision of the court on the appeal or judicial review. Waiver of period of time (2) The person may waive the period referred to in paragraph (1)(a) if they do so in writing.
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Place of surrender 63 A surrender may take place at any place within or outside Canada that is agreed to by Canada and the extradition partner.
Extradition Act — E-23.01 64
Postponement of surrender 64 (1) Unless the Minister orders otherwise, a surrender order made in respect of a person accused of an offence within Canadian jurisdiction or who is serving a sentence in Canada after a conviction for an offence, other than an offence with respect to the conduct to which the order relates does not take effect until the person has been discharged, whether by acquittal, by expiry of the sentence or otherwise. Offence before or after surrender (2) For greater certainty, the person need not have been accused of the offence within Canadian jurisdiction before the surrender order was made.
Extradition Act — E-23.01 65
Return to Canada 65 If a person returns to Canada after surrender before the expiry of a sentence that they were serving in Canada at the time of surrender, the remaining part of the sentence must be served.
Extradition Act — E-23.01 67
Order for surrender 67 An order of surrender prevails over a prior warrant or other order under which the person to whom it applies is otherwise detained in Canada or at liberty under terms and conditions.
Extradition Act — E-23.01 68
Calculation of sentence 68 For the purposes of calculating a sentence that a person to whom an order of temporary surrender applies is serving in Canada at the time of the temporary surrender, the person (a) is credited with any time that is served in custody outside Canada under a temporary surrender order; and (b) remains eligible for remission in accordance with the laws of the correctional system under which the person was serving the sentence in Canada.
Extradition Act — E-23.01 69
Remedy in case of delay 69 A judge of the superior court of the province in which the person is detained who has the power to grant a writ of habeas corpus , may, on application made by or on behalf of the person, and on proof that reasonable notice of the intention to make the application has been given to the Minister, order the person to be discharged out of custody unless sufficient cause is shown against the discharge if (a) the Minister has not made an order of surrender under section 40 (i) before the expiry of the period referred to in subsection 40(1) and any additional period referred to in subsection 40(5), or (ii) if a notice of postponement has been filed under paragraph 41(1)(b), before the expiry of 45 days after the date of the decision of the court of appeal referred to in paragraph 41(1)(c); or (b) the person is not surrendered and conveyed to the extradition partner (i) within 45 days after the order of surrender is made by the Minister under section 40, or (ii) if an appeal or judicial review in respect of any matter arising under this Act, or an appeal from such an appeal or judicial review, is pending, within 45 days after the final decision of the court is made, over and above, in any case referred to in subparagraph (i) or (ii), the time required to convey the person to the extradition partner.
Extradition Act — E-23.01 70
Consent to committal 70 (1) A person may, at any time after the issuance of an authority to proceed, consent, in writing and before a judge, to committal. Judge to order committal (2) A judge before whom a person consents under subsection (1) shall (a) order the committal of the person into custody to await surrender to the extradition partner; and (b) transmit a copy of the consent to the Minister.
Extradition Act — E-23.01 71
Consent to surrender 71 (1) A person may, at any time after arrest or appearance, consent, in writing and before a judge, to being surrendered. Judge to order surrender (2) A judge before whom a person consents to being surrendered shall (a) order the committal of the person into custody to await surrender to the extradition partner; and (b) transmit a copy of the consent to the Minister. When Minister receives consent (3) The Minister may, as soon as is feasible after receiving a consent to surrender, personally order that the person be surrendered to the extradition partner. Sections not applicable (4) When a person consents to being surrendered to the extradition partner, the following sections do not apply: (a) section 43 (submissions to the Minister); (b) section 44 (reasons for refusal); (c) section 48 (discharge of person); (d) section 57 (judicial review of Minister’s decision); and (e) paragraph 62(1)(a) (delay before surrender).
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Waiving extradition 72 (1) A person may, at any time after arrest or appearance, waive extradition in writing and before a judge. Judge to inform person (2) A judge before whom a person gives a waiver under subsection (1) must inform the person (a) of the consequences of the waiver including the consequences of waiving the protection of specialty; and (b) that they will be conveyed without delay to the extradition partner. Judge to order conveyance (3) The judge shall (a) order the conveyance in custody of the person to the extradition partner; and (b) transmit a copy of the waiver and the order to the Minister. Conveyance order (4) The conveyance order must (a) contain the name of the person who is to be conveyed; and (b) state the extradition partner to which the person is to be conveyed.
Extradition Act — E-23.01 73
Escape 73 (1) If the person escapes while in custody for conveyance, the law that applies with respect to a person who is accused or convicted of a crime against the laws of Canada and who escapes applies with respect to the person. Arrest (2) If the person escapes while in custody for conveyance, the person in whose custody the person is has the power to arrest them in fresh pursuit.
Extradition Act — E-23.01 74
Transit 74 (1) The Minister may consent to the transit in Canada of a person surrendered by one State or entity to another, subject to any terms and conditions that the Minister considers appropriate. Consent to transit (2) A consent to transit constitutes authority to the officer of the surrendering State or entity or the receiving State or entity to keep the person in custody while in Canada. Sections to apply (3) Sections 58 (contents of surrender order), 60 (power to convey), 61 (escape) and 69 (remedy in case of delay) apply, with any modifications that the circumstances require, in respect of the consent to transit.
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Special authorization 75 (1) The Minister may, in order to give effect to a request for consent to transit, authorize a person in a State or entity who is inadmissible under the Immigration and Refugee Protection Act to come into Canada at a place designated by the Minister and to go to and remain in a place in Canada so designated for the period specified by the Minister. The Minister may make the authorization subject to any conditions that the Minister considers desirable. Variation of authorization (2) The Minister may vary the terms of an authorization granted under subsection (1) and, in particular, may extend the period of time during which the person is authorized to remain in a place in Canada. Non-compliance with conditions of authorization (3) A person in respect of whom an authorization is granted under subsection (1) and who is found in a place in Canada other than the place designated in the authorization or in any place in Canada after the expiry of the period of time specified in the authorization or who fails to comply with some other condition of the authorization is, for the purposes of the Immigration and Refugee Protection Act , deemed to be a person who entered Canada as a temporary resident and remains in Canada after the period authorized for their stay. 1999, c. 18, s. 75; 2001, c. 27, s. 252
Extradition Act — E-23.01 76
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 Act — E-23.01 77
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
Extradition Act — E-23.01 78
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. 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
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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. 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).
Extradition Act — E-23.01 80
Specialty if person is in Canada 80 Subject to a relevant extradition agreement, a person who has been extradited to Canada by a requested State or entity shall not, unless the person has voluntarily left Canada after surrender or has had a reasonable opportunity of leaving Canada, (a) be detained or prosecuted, or have a sentence imposed or executed, or a disposition made or executed under the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, in Canada in respect of an offence that is alleged to have been committed, or was committed, before surrender other than (i) the offence in respect of which the person was surrendered or an included offence, (ii) another offence in respect of which the requested State or entity consents to the person being detained or prosecuted, or (iii) another offence in respect of which the person consents to being detained or prosecuted; or (b) be detained in Canada for the purpose of being surrendered to another State or entity for prosecution or for imposition or execution of a sentence in respect of an offence that is alleged to have been committed, or was committed, before surrender to Canada, unless the requested State or entity consents. 1999, c. 18, s. 80; 2002, c. 1, s. 193
Extradition Act — E-23.01 81
Conveyance of surrendered person 81 (1) A person who is surrendered to Canada by a requested State or entity may be brought into Canada by an agent of the requested State or entity if the Minister so authorizes and be delivered to an appropriate authority to be dealt with according to law. Power to convey (2) On the execution of a surrender order, the authorized agent of the requested State or entity shall have the authority to hold the person in custody in Canada until delivery under subsection (1). Escape (3) If the person escapes while in custody, the law that applies with respect to a person who is accused or convicted of a crime against the laws of Canada and who escapes applies with respect to the person. Arrest (4) If the person escapes, the authorized agent of the requested State or entity has the power to arrest them in fresh pursuit.