Extradition Act (S.C. 1999, c. 18)

Marginal note:Oath or solemn affirmation

34. A document is admissible whether or not it is solemnly affirmed or under oath.

Marginal note:No proof of signature

35. A document purporting to have been signed by a judicial, prosecuting or correctional authority, or a public officer, of the extradition partner shall be admitted without proof of the signature or official character of the person appearing to have signed it.

Marginal note:Translated documents

36. A translation of a document into one of Canada’s official languages shall be admitted without any further formality.

Marginal note:Evidence of identity

37. The following are evidence that the person before the court is the person referred to in the order of arrest, the document that records the conviction or any other document that is presented to support the request:

• (a) the fact that the name of the person before the court is similar to the name that is in the documents submitted by the extradition partner; and

• (b) the fact that the physical characteristics of the person before the court are similar to those evidenced in a photograph, fingerprint or other description of the person.

Marginal note:Report of the judge

• 38. (1) A judge who issues an order of committal of a person to await surrender shall transmit to the Minister the following documents:

  • (a) a copy of the order;

  • (b) a copy of the evidence adduced at the hearing that has not already been transmitted to the Minister; and

  • (c) any report that the judge thinks fit.

• Marginal note:Right to appeal

  (2) When the judge orders the committal of a person, the judge shall inform the person that they will not be surrendered until after the expiry of 30 days and that the person has a right to appeal the order and to apply for judicial interim release.

Marginal note:Property seized

• 39. (1) Subject to a relevant extradition agreement, a judge who makes an order of committal may order that any thing that was seized when the person was arrested and that may be used in the prosecution of the person for the offence for which the extradition was requested be transferred to the extradition partner at the time the person is surrendered.

• Marginal note:Conditions of order

  (2) The judge may include in the order any conditions that the judge considers desirable, including conditions

  • (a) respecting the preservation and return to Canada of a thing; and

  • (b) respecting the protection of the interests of third parties.