Marginal note:Specialty if person is in Canada
80. Subject to a relevant extradition agreement, a person who has been extradited to Canada by a requested State or entity shall not, unless the person has voluntarily left Canada after surrender or has had a reasonable opportunity of leaving Canada,
(a) be detained or prosecuted, or have a sentence imposed or executed, or a disposition made or executed under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in Canada in respect of an offence that is alleged to have been committed, or was committed, before surrender other than
(i) the offence in respect of which the person was surrendered or an included offence,
(ii) another offence in respect of which the requested State or entity consents to the person being detained or prosecuted, or
(iii) another offence in respect of which the person consents to being detained or prosecuted; or
(b) be detained in Canada for the purpose of being surrendered to another State or entity for prosecution or for imposition or execution of a sentence in respect of an offence that is alleged to have been committed, or was committed, before surrender to Canada, unless the requested State or entity consents.
- 1999, c. 18, s. 80;
- 2002, c. 1, s. 193.
Marginal note:Conveyance of surrendered person
81. (1) A person who is surrendered to Canada by a requested State or entity may be brought into Canada by an agent of the requested State or entity if the Minister so authorizes and be delivered to an appropriate authority to be dealt with according to law.
Marginal note:Power to convey
(2) On the execution of a surrender order, the authorized agent of the requested State or entity shall have the authority to hold the person in custody in Canada until delivery under subsection (1).
(3) If the person escapes while in custody, 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.
(4) If the person escapes, the authorized agent of the requested State or entity has the power to arrest them in fresh pursuit.
Marginal note:Order of detention for temporary surrender
82. (1) Subject to subsection (2), a judge shall, on application of the competent authority made at any time before the temporary surrender, order the detention in custody of a person who is serving a term of imprisonment or has otherwise lawfully been deprived of their liberty in a requested State or entity and whose temporary surrender Canada has requested for the purpose of prosecution or appeal.
Marginal note:Time limit
(2) The order must contain a provision that the person will not be detained in custody after
(a) a date specified in the order;
(b) in the case of surrender for a trial, 45 days after the completion of the trial; or
(c) in the case of surrender for an appeal, 30 days after the completion of the proceedings for which the presence of the person was required.
Marginal note:Order of detention to prevail
(3) An order made under subsection (1) prevails over an order made by a Canadian court, a judge of a Canadian court, a Canadian justice of the peace or any other person who has power in Canada to compel the appearance of a person, in respect of anything that occurred before the person is transferred to Canada.
Marginal note:Variation of detention order
(4) The judge who made the detention order or another judge may vary its terms and conditions and, in particular, may extend the duration of the detention.
(5) Subject to subsection (6), the person shall be returned to the requested State or entity on completion of the proceedings in Canada for which the person was temporarily surrendered or on the expiry of the period set out in the order, whichever is sooner.
Marginal note:Return if right of appeal
(6) The person shall not be returned to the requested State or entity
(a) if the person has been convicted in Canada, before 30 days after the conviction, unless the person or the competent authority declares that there will be no appeal; and
(b) if the person has been acquitted, before 30 days after the acquittal, unless the competent authority declares that there will be no appeal.
Marginal note:Return for appeal
(7) The court of appeal may, on application, recommend that the Minister request another temporary surrender of a person who has been returned to the requested State or entity after trial, if the court of appeal is satisfied that the interests of justice require their presence for the appeal.
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