Extradition Act (S.C. 1999, c. 18)

Marginal note:Effect of allowing appeal

54. If the court of appeal allows an appeal under paragraph 53(a), it shall

• (a) set aside the order of committal and

  • (i) discharge the person, or

  • (ii) order a new extradition hearing; or

• (b) amend the order of committal to exclude an offence in respect of which the court is of the opinion that the person has not been properly committed on a ground referred to in subparagraph 53(a)(i), (ii) or (iii).

Marginal note:Powers

• 55. (1) On the hearing of an appeal against the discharge of a person or against a stay of proceedings, the court of appeal may

  • (a) allow the appeal and set aside the order of discharge or stay, if it is of the opinion

    • (i) that the order of discharge should be set aside on the ground that it is unreasonable or cannot be supported by the evidence,

    • (ii) that the order of discharge or the stay of proceedings should be set aside on the ground of a wrong decision on a question of law, or

    • (iii) that, on any ground, there was a miscarriage of justice; or

  • (b) dismiss the appeal.

• Marginal note:Order for new extradition hearing or committal

  (2) The court of appeal may, if it sets aside a stay of proceedings, order a new extradition hearing. The court of appeal may, if it sets aside an order of discharge, order a new extradition hearing or order the committal of the person.

Marginal note:Deferral of Supreme Court appeal

• 56. (1) The Supreme Court may defer, until the Minister makes a decision with respect to the surrender of the person under section 40, the hearing of an application for leave to appeal, or the hearing of an appeal, from a decision of the court of appeal on an appeal taken under section 49, or on any other appeal in respect of a matter arising under this Act.

• Marginal note:Deferral of Supreme Court appeal

  (2) The Supreme Court may also, if an application for judicial review is made under section 57 or otherwise, defer the hearing until the court of appeal makes its determination on the application.

Marginal note:Review of order

• 57. (1) Despite the Federal Courts Act, the court of appeal of the province in which the committal of the person was ordered has exclusive original jurisdiction to hear and determine applications for judicial review under this Act, made in respect of the decision of the Minister under section 40.

• Marginal note:Application

  (2) An application for judicial review may be made by the person.

• Marginal note:Time limitation

  (3) An application for judicial review shall be made, in accordance with the rules of court of the court of appeal, within 30 days after the time the decision referred to in subsection (1) was first communicated by the Minister to the person, or within any further time that the court of appeal, either before or after the expiry of those 30 days, may fix or allow.

• Marginal note:Section 679 of the Criminal Code

  (4) Section 679 of the Criminal Code applies, with any modifications that the circumstances require, to an application for judicial review.

• Marginal note:Hearing of application

  (5) An application for judicial review shall be scheduled for hearing by the court of appeal at an early date whether that date is in or out of the prescribed sessions of that court.

• Marginal note:Powers of court of appeal

  (6) On an application for judicial review, the court of appeal may

  • (a) order the Minister to do any act or thing that the Minister has unlawfully failed or refused to do or has unreasonably delayed in doing; or

  • (b) declare invalid or unlawful, quash, set aside, set aside and refer back for determination in accordance with any directions that it considers appropriate, prohibit or restrain the decision of the Minister referred to in subsection (1).

• Marginal note:Grounds of review

  (7) The court of appeal may grant relief under this section on any of the grounds on which the Federal Court may grant relief under subsection 18.1(4) of the Federal Courts Act.

• Marginal note:Defect in form or technical irregularity

  (8) If the sole ground for relief established in an application for judicial review is a defect in form or a technical irregularity, the court of appeal may

  • (a) refuse the relief if it finds that no substantial wrong or miscarriage of justice has occurred; or

  • (b) in the case of a defect in form or a technical irregularity in the decision, make an order validating the order, to have effect from the time and on the terms that it considers appropriate.

• Marginal note:One hearing by court of appeal

  (9) If an appeal under section 49 or any other appeal in respect of a matter arising under this Act is pending, the court of appeal may join the hearing of that appeal with the hearing of an application for judicial review.

• Marginal note:Provincial rules of judicial review apply

  (10) Unless inconsistent with the provisions of this Act, all laws, including rules, respecting judicial review in force in the province of the court of appeal apply, with any modifications that the circumstances require, to applications under this section.