Extradition Requests by Canada

Canada may seek extradition from other countries under a bilateral treaty or a multilateral convention that contains provisions on extradition. The treaties/conventions to which Canada is a signatory can be found at http://www.treaty-accord.gc.ca. Some countries will also extradite to Canada on the basis of reciprocity, e.g. United Kingdom and most other commonwealth countries.

Canadian prosecutors (where the person is charged or awaiting sentencing) or correctional authorities (where the person has already been sentenced), with the assistance of the Department of Justice, may make extradition requests for persons wanted for prosecution or for the imposition/enforcement of a sentence.

Prosecutors should consult with the IAG at the earliest opportunity to determine:

• What is required in seeking extradition from a particular country, including evidentiary requirements; and
• Whether extradition from a non-treaty country is possible, and what is required in pursuing such a request.

Considerations

• Where a person sought for extradition is considered a flight risk or a danger to the community, it is possible to seek and obtain their provisional arrest on an urgent basis.
• Most countries will require information that establishes that the conduct for which the person is wanted would be criminal in their country. This is known as “dual criminality”.
• A person who is extradited to Canada may only be prosecuted for the offences on which they were extradited, unless the foreign state consents to Canada prosecuting him/her for other offences committed pre-extradition. This is a principle of international law called the Protection of Specialty.

Resources

• Extradition Act
• Canada Treaty Information
• Chapter 1 (Extradition: Provisional Arrest), of the International Assistance Group Deskbook
• Chapter 2 (Extradition of Canadian Citizens for Acts which could be Prosecuted in Canada), of the International Assistance Group Deskbook
• Organization of American States Information Exchange Network for Mutual Legal Assistance and Extradition