General Overview of the Canadian Extradition Process

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Extradition in Canada is conducted in conformity with the Extradition Act, international treaties and the Charter of Rights and Freedoms. All individuals are afforded fair treatment and due process.

Infographic: Extradition in Canada

Extradition from Canada: Request for extradition

There are three phases to the extradition process:

1. Authority to Proceed: the decision to commence the proceedings by issuing an Authority to Proceed; this decision is made by Department of Justice officials.

2. Judicial Phase: the extradition hearing, which takes place before a judge of the superior court.

3. Ministerial Phase: the decision on surrender, which under the Extradition Act must be made by the Minister of Justice. This decision cannot be delegated to officials.

First Phase: Authority to Proceed

Second Phase: Extradition hearing (Judicial phase)

Third Phase: Decision on Surrender (Ministerial Phase)


Waiver or Consent

Extradition to Canada