Extradition Lawyer Toronto

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.

What Is Extradition & 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.

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.

Got A Case? Need Legal Help?

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.

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.

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.

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.”

Testimonials

What our clients are saying.

If I could give David Costa more than 5 stars I would. The moment that I called him in 2015, I knew right away that he was the right person to represent my son. He gave my son a list of things to do to help his case. David replied to every email that I sent to him and answered all my questions no matter how many times I asked the same questions. He even talked to my son when he thought my son was not doing enough to get the best possible outcome. We are pleased with the outcome of the case. Excellent lawyer! Highly recommended! Definitely Toronto’s Top Lawyer!
Rusty Moore
Rusty Moore
15:55 16 Jan 19
David Costa was my brother’s defense lawyer on a first degree murder charge. I called the lawyer the moment my brother was arrested. There was absolutely no physical evidence against my brother. There were alibi witnesses and coroner evidence that he could not have killed the victim. And Mr. Costa did everything we asked him to do as our lawyer. He called the alibi witnesses, he made sure all evidences are preserved, he hired a PI and did an investigation of his own. He did everything he could to save my brother from jail. Our whole family is grateful to David Costa for his knowledge, experience, support and strong motivation. David is a very good man.
Jeffrey Wen
Jeffrey Wen
02:34 27 Nov 18
The charges I had were dismissed, however along the way I spoke to a couple lawyers. I stuck with David because I could tell he had a level of knowledge others didn’t. He also was always very quick to get back to me. If I ever need a lawyer in the future it will be David for sure and I also recommend him to anyone needing legal assistance.
James Obryant
James Obryant
17:02 15 Jan 19
The best adoption lawyer in Toronto! David Costa walked us through everything, and was with us every second on the big day! We did not have many face to face meetings, as he communicates very well via email. This is definitely a lawyer who takes his time to do it correctly. We honestly can’t thank him enough!
Ruth Bowen
Ruth Bowen
02:34 13 Jan 19
Mr. Costa is a great lawyer. He is a professional who always answered my calls/emails promptly and kept me informed on the latest information regarding my case. I am happy with the outcome and I recommend him to anyone who needs a defense lawyer.
Frank Elliott
Frank Elliott
06:28 13 Jan 19
From my experience, as a client and referring clients to Costa Law Firm keeps satisfying me and referred family, friends, and business contacts. They are easy to reach, easy to talk to, and make what can be a complex legal system very manageable .
Benji Teixeira
Benji Teixeira
17:41 09 Apr 19

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