Department of Justice

NEW EXTRADITION ACT COMES INTO FORCE

Anne McLellan, Minister of Justice and Attorney General of Canada, today announced that legislation that modernizes and strengthens Canada's extradition laws received royal assent. The new Extradition Act, which will better equip law enforcement and prosecution authorities in the fight against global crime, comes into force immediately. The new act will apply to all extradition hearings that have not begun as of June 17, 1999.

"Our message is clear ¾ Canada will not be a safe haven for fugitives from justice," said Minister McLellan. "The new act demonstrates Canada's commitment to work with our international partners in bringing to justice those who commit serious crimes. In particular, we now have an effective tool to deal expediently with individuals in Canada who have been accused of war crimes, crimes against humanity and genocide."

"Canada is part of a determined global effort to apprehend those responsible for genocide and war crimes," said Foreign Affairs Minister, Lloyd Axworthy. "The new Extradition Act allows us to fully meet our obligations to the International Criminal Tribunals for Rwanda and the former Yugoslavia and is essential in fulfilling our commitment to the forthcoming International Criminal Court."

The new Extradition Act combines and significantly updates two acts adopted over 100 years ago, the Extradition Act and the Fugitive Offenders Act. The modern law takes into account factors that are commonplace today, for example, enhanced communications technology and increased mobility of individuals. The new act expands Canada's capacity to extradite and responds to the growing problem of borderless crimes such as transnational organized crime, deceptive telemarketing and Internet fraud.

Among other things, the new Extradition Act:

• establishes clear procedures for the extradition process;
• provides human rights and procedural safeguards for the person whose extradition is sought;
• allows for the use of different forms of evidence that will facilitate extradition to the International Criminal Tribunals and foreign countries, particularly those with a different legal tradition;
• in addition to allowing Canada to extradite persons to states, allows for extradition to the International Criminal Tribunals for Rwanda and the former Yugoslavia; and
• permits the use of video and audio link technology for the purpose of providing testimony from witnesses located in Canada or abroad.

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Ref. :

Susan Gardner-Barclay
Public Affairs
(613) 941-4021

William Corbett
Senior General Counsel
Criminal Law Section
(613) 957-4765

Lucie Angers
Counsel
Criminal Law Policy Section
(613) 957-4750

Please visit our website for previous press release, backgrounder and a table highlighting the reforms.