Waiver of Extradition
Marginal note:Waiving extradition
72. (1) A person may, at any time after arrest or appearance, waive extradition in writing and before a judge.
Marginal note:Judge to inform person
(2) A judge before whom a person gives a waiver under subsection (1) must inform the person
(a) of the consequences of the waiver including the consequences of waiving the protection of specialty; and
(b) that they will be conveyed without delay to the extradition partner.
Marginal note:Judge to order conveyance
(3) The judge shall
(a) order the conveyance in custody of the person to the extradition partner; and
(b) transmit a copy of the waiver and the order to the Minister.
Marginal note:Conveyance order
(4) The conveyance order must
(a) contain the name of the person who is to be conveyed; and
(b) state the extradition partner to which the person is to be conveyed.
73. (1) If the person escapes while in custody for conveyance, the law that applies with respect to a person who is accused or convicted of a crime against the laws of Canada and who escapes applies with respect to the person.
(2) If the person escapes while in custody for conveyance, the person in whose custody the person is has the power to arrest them in fresh pursuit.
74. (1) The Minister may consent to the transit in Canada of a person surrendered by one State or entity to another, subject to any terms and conditions that the Minister considers appropriate.
Marginal note:Consent to transit
(2) A consent to transit constitutes authority to the officer of the surrendering State or entity or the receiving State or entity to keep the person in custody while in Canada.
Marginal note:Sections to apply
(3) Sections 58 (contents of surrender order), 60 (power to convey), 61 (escape) and 69 (remedy in case of delay) apply, with any modifications that the circumstances require, in respect of the consent to transit.
Marginal note:Special authorization
75. (1) The Minister may, in order to give effect to a request for consent to transit, authorize a person in a State or entity who is inadmissible under the Immigration and Refugee Protection Act to come into Canada at a place designated by the Minister and to go to and remain in a place in Canada so designated for the period specified by the Minister. The Minister may make the authorization subject to any conditions that the Minister considers desirable.
Marginal note:Variation of authorization
(2) The Minister may vary the terms of an authorization granted under subsection (1) and, in particular, may extend the period of time during which the person is authorized to remain in a place in Canada.
Marginal note:Non-compliance with conditions of authorization
(3) A person in respect of whom an authorization is granted under subsection (1) and who is found in a place in Canada other than the place designated in the authorization or in any place in Canada after the expiry of the period of time specified in the authorization or who fails to comply with some other condition of the authorization is, for the purposes of the Immigration and Refugee Protection Act, deemed to be a person who entered Canada as a temporary resident and remains in Canada after the period authorized for their stay.
- 1999, c. 18, s. 75;
- 2001, c. 27, s. 252.
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