Extradition Act (S.C. 1999, c. 18)

Marginal note:Order for surrender

67. An order of surrender prevails over a prior warrant or other order under which the person to whom it applies is otherwise detained in Canada or at liberty under terms and conditions.

Marginal note:Calculation of sentence

68. For the purposes of calculating a sentence that a person to whom an order of temporary surrender applies is serving in Canada at the time of the temporary surrender, the person

• (a) is credited with any time that is served in custody outside Canada under a temporary surrender order; and

• (b) remains eligible for remission in accordance with the laws of the correctional system under which the person was serving the sentence in Canada.

Marginal note:Remedy in case of delay

69. A judge of the superior court of the province in which the person is detained who has the power to grant a writ of habeas corpus, may, on application made by or on behalf of the person, and on proof that reasonable notice of the intention to make the application has been given to the Minister, order the person to be discharged out of custody unless sufficient cause is shown against the discharge if

• (a) the Minister has not made an order of surrender under section 40

  • (i) before the expiry of the period referred to in subsection 40(1) and any additional period referred to in subsection 40(5), or

  • (ii) if a notice of postponement has been filed under paragraph 41(1)(b), before the expiry of 45 days after the date of the decision of the court of appeal referred to in paragraph 41(1)(c); or

• (b) the person is not surrendered and conveyed to the extradition partner

  • (i) within 45 days after the order of surrender is made by the Minister under section 40, or

  • (ii) if an appeal or judicial review in respect of any matter arising under this Act, or an appeal from such an appeal or judicial review, is pending, within 45 days after the final decision of the court is made,

  over and above, in any case referred to in subparagraph (i) or (ii), the time required to convey the person to the extradition partner.

Marginal note:Consent to committal

• 70. (1) A person may, at any time after the issuance of an authority to proceed, consent, in writing and before a judge, to committal.

• Marginal note:Judge to order committal

  (2) A judge before whom a person consents under subsection (1) shall

  • (a) order the committal of the person into custody to await surrender to the extradition partner; and

  • (b) transmit a copy of the consent to the Minister.

Marginal note:Consent to surrender

• 71. (1) A person may, at any time after arrest or appearance, consent, in writing and before a judge, to being surrendered.

• Marginal note:Judge to order surrender

  (2) A judge before whom a person consents to being surrendered shall

  • (a) order the committal of the person into custody to await surrender to the extradition partner; and

  • (b) transmit a copy of the consent to the Minister.

• Marginal note:When Minister receives consent

  (3) The Minister may, as soon as is feasible after receiving a consent to surrender, personally order that the person be surrendered to the extradition partner.

• Marginal note:Sections not applicable

  (4) When a person consents to being surrendered to the extradition partner, the following sections do not apply:

  • (a) section 43 (submissions to the Minister);

  • (b) section 44 (reasons for refusal);

  • (c) section 48 (discharge of person);

  • (d) section 57 (judicial review of Minister’s decision); and

  • (e) paragraph 62(1)(a) (delay before surrender).