Extradition Requests to Canada

The Extradition Act provides Canada with the legal basis on which to extradite persons located in Canada, who are sought for extradition by one of Canada’s "extradition partners". Extradition partners are:

• Countries with which Canada has an extradition agreement (bilateral treaties or multilateral conventions);
• Countries with which Canada has entered into a case-specific agreement; or
• Countries or international courts whose names appear in the schedule to the Extradition Act.

There are three key stages to the Canadian extradition process:

1. The Minister of Justice must determine whether to authorize the commencement of extradition proceedings in the Canadian courts by issuing an “Authority to Proceed” ;
2. Where an Authority to Proceed has been issued, the Canadian courts must determine whether there is sufficient evidence to justify the person’s committal for extradition; and
3. Where the person is committed for extradition, the Minister of Justice must personally decide whether to order the person’s surrender to the foreign state.

A person sought for extradition may appeal their committal and seek judicial review of the Minister’s surrender order.

In all cases, the conduct for which extradition is sought must be considered criminal in both the requesting country and in Canada. This is known as “dual criminality”.

Central Authorities from outside Canada are encouraged to contact the IAG to determine what is required to make an extradition request to Canada, including the evidentiary requirements, and whether provisional arrest is appropriate in a given situation.

Resources

• Extradition Act
• Canada Treaty Information
• Organization of American States Information Exchange Network for Mutual Legal Assistance and Extradition