Federal Involvement in the Case of Ernest Fenwick MacIntosh

Annex 3: Extradition Process: Chronology of Events

August 15, 1997
Nova Scotia Public Prosecution Service (NSPPS) contacts International Assistance Group (IAG) to discuss potential extradition request to India seeking return of Ernest Fenwick MacIntosh
August 19, 1997
IAG writes to NSPPS regarding dual criminality and provides copy of extradition treaty with India Footnote *
October 8, 1997
NSPPS writes to IAG to ask whether dual criminality is confirmed Footnote **
October 16, 1997
IAG writes to NSPPS to indicate that dual criminality was raised in August and are still awaiting response Footnote *
November 6, 1997
IAG writes to NSPPS to advise they are still awaiting response from Indian authorities Footnote *
December 4, 1997
IAG writes to NSPPS enclosing positive response from India re: dual criminality and indicating that extradition is possible, depending on specific facts and circumstances Footnote *
August 14, 1998
NSPPS sends IAG materials in support of extradition request on two charges involving one complainant Footnote **
October 22, 1998
IAG speaks to NSPPS by telephone, indicating that materials provided by NSPPS do not meet requirements of treaty and explaining deficiencies Footnote *
November 25, 1998
IAG writes to NSPPS to follow up, asking when necessary supplementary materials to be provided Footnote *
January 7, 1999
IAG writes to NSPPS again to follow up, asking when necessary supplementary materials to be provided Footnote *
January 7, 1999
NSPPS writes to IAG, apologizing for delay and advising that they are still trying to obtain photograph of Mr. MacIntosh Footnote **
November 1, 1999
IAG writes to NSPPS to follow up, asking when necessary materials in support of extradition request will be provided
November 2, 1999
NSPPS Halifax writes to IAG to advise that NSPPS Port Hawkesbury office has assumed carriage of matter Footnote **
January 13, 2000
IAG counsel speaks to NSPPS Port Hawkesbury; forwards copy of Nov. 25, 1998 request re: supplementary materials Footnote *
April 12, 2002
IAG writes to NSPPS, asking NSPPS to confirm whether it remains interested in pursuing extradition Footnote *
April 18, 2002
NSPPS writes to IAG to confirm interest in pursuing extradition and desire to proceed on 43 charges; promises to forward necessary documentation shortly
April 26, 2002
IAG writes to NSPPS to advise that request needs to be supported by first-person affidavit from each alleged victim
April 26, 2002
IAG writes to RCMP Liaison Officer in India to advise of pending request and inquire re: swearing requirements in India
May 3, 2002
RCMP Liaison Officer writes to IAG to advise re: swearing requirements in India
May 6, 2002
IAG writes to NSPPS to convey information received from RCMP Liaison Officer on May 3, 2002 Footnote *
August 15, 2002
IAG writes to NSPPS to follow up, asking for update on status of request Footnote *
June 9, 2003
IAG writes to NSPPS to follow up, asking for confirmation that request is still being pursued, noting that communications date back almost 5 years
June 24, 2003
NSPPS writes to IAG, indicating that sworn affidavits from four complainants are pending and will be forwarded asap
July 8, 2003
IAG receives June 24, 2003 package from NSPPS; file is reassigned within IAG
May 6, 2004
IAG discovers inactivity on file following July 8, 2003 reassignment; file is reassigned within IAG
May 13, 2004
NSPPS writes to IAG, referencing June 24, 2003 letter and asking IAG to advise as to status
June 4, 2004
IAG discusses file with NSPPS by phone, noting that materials in support of request still lack identification evidence and indicating what is still required
September 17, 2004
IAG reviews file pursuant to bring forward (BF); as no response from NSPPS following June 4, 2004 conversation
November 17, 2004
IAG reviews file pursuant to BF; as still no response, BF’d for further 60 days (to January 17, 2005)
January 17, 2005
IAG writes to NSPPS requesting update as to status of request
January 26, 2005
NSPPS writes to IAG to advise that outstanding items and affidavit of lead investigator are being pursued and will be provided asap Footnote **
July 15, 2005
IAG contacts NSPPS by telephone; is advised that previous prosecutor on extended leave and new prosecutor now on file Footnote *
March 2006
IAG and NSPPS speak by phone; NSPPS indicates they are working on affidavit
April 13, 2006
IAG calls NSPPS seeking update on status of request Footnote *
May 1, 2006
NSPPS forwards draft affidavit from RCMP officer to IAG Footnote **
May 9, 2006
IAG and NSPPS speak by telephone; NSPPS advises they are waiting for RCMP officer to swear affidavit Footnote *
May 9, 2006
IAG writes to NSPPS confirming receipt of draft affidavit
May 24, 2006
NSPPS writes to IAG, providing materials required to proceed with extradition request
July 5, 2006
IAG sends extradition request to DFAIT, requesting that diplomatic note to India be issued, seeking Mr. MacIntosh’s extradition
July 14, 2006
Canada formally requests extradition of Mr. MacIntosh from India
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