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.
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.
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 email@example.com.