Extradition Lawyer Toronto

What is Extradition and how can you legally fight it?

Facing an extradition request need not be the end of the world. A good law firm like Costa Law Firm can help you fight the extradition request.

Extraditions in Canada are governed by the Extradition Act. Section 3 (1) of the act states: “A person may be extradited from Canada in accordance with this Act and a relevant extradition agreement on the request of an extradition partner for the purpose of prosecuting the person or imposing a sentence on – or enforcing a sentence imposed on – the person.” The act then goes forward and gives the “Extraditable Conduct” or conditions that must be met for one to be extradited.

The Extradition Process

According to the act, it is the Minister of Justice’s responsibility to implement the extradition agreements, to administer the Act, and to handle requests for extradition made under them.

If the Minister issues the “Authority to Proceed”, the court must determine whether there is sufficient evidence to justify your committal for extradition.

If you are committed for extradition, the Minister must decide whether to order your surrender to the foreign state.

Our Defence

In our defence, our criminal lawyer Toronto will argue that the extraditable conduct has not been proven. The first condition on Section 3 (1) (a) states, “Subject to a relevant extradition agreement, the offence in respect of which the extradition is requested is punishable by the extradition partner, by imprisoning or otherwise depriving the person of their liberty for a maximum term of two years or more, or by a more severe punishment.” We will argue that there was no crime committed and even if there was, you would not have gotten two or more years as punishment.

The second condition on Section 3 (1) (b) states, “The conduct of the person, had it occurred in Canada, would have constituted an offence that is punishable in Canada.” It then goes forward to explain the maximum term. We will argue that your charges do not constitute an offence punishable in Canada and even if you were to be charged, you would not get the stated term in prison.

If the extradition agreement has not been published in the Canada Gazette, we will use this loophole. Section 8 (1) of the law requires publication no later than 60 days after the agreement comes into force.

The law allows you to get a bail from the Superior Court of Justice in an extradition case. We will work to get you a quick and reasonable bail and if the Crown prosecutor argues you are a flight risk, our criminal defence lawyer Toronto will counter the argument.

It is important to note that the Liberal Government has hinted that it intends to change the Extradition Act to put Canadians first in the wake of the Hassan Diab case. According to a written statement from Dave Taylor, the Liberal government’s spokesman, “The minister of justice and attorney general of Canada always works to ensure that all federal laws are consistent with the Charter, the rule of law, and the highest standards of justice and fairness.” He adds, “The minister is seeking guidance from her officials regarding the effectiveness of existing protections in the Extradition Act, and has asked them to look at any lessons learned in relation to this case.”

We will help you secure counsel in the requesting jurisdiction if this is required. Our team has years of experience in extradition cases. You can reach us on (416) 535-6329 or email us at info@costalawfirm.ca.

Evelyn Burnette
Evelyn Burnette
06:08 12 Mar 18
We have a family business and one day we found ourselves in a legal situation in which we felt completely overwhelmed and helpless. We quickly realized there’s a whole different world out there that we know nothing about. Reached out to David and he quickly wrapped himself around our case. We know he was working around the clock. In a matter of days, we had a solid argument. He is sharp, candid and a true professional. Not sure how an attorney can help a client ANY better. Absolutely no hesitation recommending him.
Julia Austerlitz
Julia Austerlitz
00:15 10 Mar 18
When I was looking for a divorce lawyer, the most important thing to me was finding someone who would be easy to communicate with. I was anticipating a nasty custody battle and the last thing I wanted was a lawyer who was hard to get a hold of or who didn’t make me feel like my case was a priority. David Costa and Robin Mann were exactly what I was looking for. They responded quickly to all of my emails, took all of my concerns very seriously and above all, is very knowledgeable about family law. This was such a difficult phase of my life and they helped me to get through to the end of it with the best possible outcome. I highly recommend this law firm.
Ben Valencia
Ben Valencia
12:47 09 Mar 18
Mr. Costa and his wonderful assistant couldn't have been anymore professional. It's unfortunate I had to meet them under these circumstances but I wouldn't have chosen anyone different to represent me if I could. They’ve always kept me up to date on things I needed to get done and both were available when I had questions. They are first class in my book.
Daniel Hardison
Daniel Hardison
06:56 09 Mar 18
Have utilized David's services several times over the last five years. He always is quick to respond (even when he was on vacation), knows the real estate business inside out. His expertise always gives me the confidence the deal is done right.
Kate Miller
Kate Miller
20:08 13 Dec 17
Costa Law were a tremendous help in solving my legal issues. David and his team were professional, efficient, thorough and compassionate. Everyone involved capably assisted me in understanding the issues and the possible outcomes. I could not be happier with the results and would encourage anyone needing legal help to contact them. Best law group in the town. Thanks to everyone at Costa Law!!!
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