Canada can return wanted fugitives in its nation to its extradition partners through an efficient process. Instead of surrendering the criminal to the country, Canada may also choose to extradite him to the International Criminal Court if he was involved in.
However, it is important to know which countries will not extradite to Canada beforehand. More than 30 countries have extradition treaties with Canada, and some are one-way, as will be mentioned here.
Request for Extradition
If the foreign state requests Canada, while being its extradition partner, to hand over a person to stand trial, Canada can deport him. However, the person will be extradited to the country only if the alleged criminal conduct is accepted by both the countries, Canada and the country itself.
The country can seek extradition in one of two ways:
- Making a formal request for extradition, provided with the necessary documentation
- Ask for a provisional arrest and back it up by request for extradition
Which Offences Trigger Extradition
If the offence was punishable and, the crime been committed in Canada, Canada will surrender the person.
The most severe crimes usually drive a foreign state to request for the surrender of an individual to prosecution.
Also, the extradition will be carried out if the crime charged has at least six months or more remaining of his serving jail time or of completing his sentences.
Who Can Be Extradited?
The following countries and states presented in alphabetical order are extradition partners of Canada. Canada will extradite criminals to each of these countries.
- Albania, Argentina and Austria
- Belgium, Bolivia
- Chile, Colombia, Cuba and Czechoslovakia
- Ecuador, El Salvador and Estonia
- Finland and France
- Germany, Greece and Guatemala
- Haiti, Hong Kong and Hungary
- Iceland, India, Israel and Italy
- Latvia, Liberia, Lithuania and Luxembourg
- Mexico and Monaco
- Netherlands, Nicaragua and Norway
- Panama, Paraguay, Peru, Philippines and Portugal
- San Marino, South Africa, Spain, Sweden and Switzerland
- The United States and Uruguay.
Which Countries Will Not Extradite to Canada?
Canada may also request a person to be extradited from a foreign state to its nation for trail or imposition. The foreign country, which is the extradition partner, will execute the request according to its laws and aware Canada of the results of the proceeding.
However, of the ones mentioned above, Austria, France, the Czech Republic, Germany and Switzerland will not extradite their citizens to Canada but will deport foreigners only., Moreover, Canada has no such measures, and hence, even Canadian citizens can be surrendered by the Government to any extradition partners.
Phases of Extradition:
There are 3 phases of the extradition process called the Authority to Proceed, Judicial and Ministerial.
Phase: 1: Authority to Proceed
Upon arresting the criminal, he will be brought before the court of the province and asked questions, also giving him a chance to apply for bail. If it is a provisional arrest, the extradition partner will be asked for a formal request and necessary documents with a given period.
The Department of Justice Canada on behalf of the federal Minister of Justice will decide on the Authority to proceed under the Extradition Act. They will review the offence and its dual criminality. A hearing held will consider if the person will be committed for extradition.
Phase: 2: Judicial
A judge of the superior court will decide on the hearing. The judge would settle for the dual criminality of the offense had it occurred in Canada, whether the conduct is punishable by Canadian laws, and review the evidence by the extradition partner.
If he is satisfied, he will order for committed extradition. If you, the accused, will be discharged. It is to be noted that this phase is not a trial. A trial will only happen in the extradition partner’s court.
Phase: 3: Ministerial
Here, the Minister of Justice will determine whether to surrender the committed. He can only decide on quitting after the judge has given his orders on committing the person with extradition at the hearing.
He can also consider the Act and the Canadian Charter of Rights and Freedoms, as well as submissions by the committed. There are both mandatory and discretionary grounds under the Act.
The mandatory ground involves if it would be unjust or oppressive or discriminatory if the surrender was not done. The discretionary ground includes if the submission is an opposition of fundamental justice granted to the person by Canadian charters.
If the minister chooses to surrender the committed, the criminal will be handed over the extradition partner within 45 days, if not hindered by any other appeal or review by the court.
In any of these phases, the committed can consent to committal, expediting the process of extradition. Or may submit documents on behalf as to why the Canadian Government should not order the surrender.
Appeal for Extradition Order
Lawyers may appeal for an extradition order. Many rulings may happen during the hearing, including a minister ordering the surrender of the criminal sought by the extradition partner or a bail detention order. Only after the appealed court has given final judgment on outstanding appeals and the possibilities above, can the process of extradition begin.
It would be best if you now had a better idea on extradition and of course, which countries will not extradite to Canada. If you need to succeed in an extradition hearing, you will have to hire an extradition lawyer for details on the issue.