Extradition Act (S.C. 1999, c. 18)

Marginal note:Minister’s approval of request for provisional arrest

12. The Minister may, after receiving a request by an extradition partner for the provisional arrest of a person, authorize the Attorney General to apply for a provisional arrest warrant, if the Minister is satisfied that

• (a) the offence in respect of which the provisional arrest is requested is punishable in accordance with paragraph 3(1)(a); and

• (b) the extradition partner will make a request for the extradition of the person.

Marginal note:Provisional arrest warrant

• 13. (1) A judge may, on ex parte application of the Attorney General, issue a warrant for the provisional arrest of a person, if satisfied that there are reasonable grounds to believe that

  • (a) it is necessary in the public interest to arrest the person, including to prevent the person from escaping or committing an offence;

  • (b) the person is ordinarily resident in Canada, is in Canada or is on the way to Canada; and

  • (c) a warrant for the person’s arrest or an order of a similar nature has been issued or the person has been convicted.

• Marginal note:Contents of the warrant

  (2) A provisional arrest warrant must

  • (a) name or describe the person to be arrested;

  • (b) set out briefly the offence in respect of which the provisional arrest was requested; and

  • (c) order that the person be arrested without delay and brought before the judge who issued the warrant or before another judge in Canada.

• Marginal note:Execution throughout Canada

  (3) A provisional arrest warrant may be executed anywhere in Canada without being endorsed.

Marginal note:Discharge if no proceedings

• 14. (1) A person who has been provisionally arrested, whether detained or released on judicial interim release, must be discharged

  • (a) when the Minister notifies the court that an authority to proceed will not be issued under section 15;

  • (b) if the provisional arrest was made pursuant to a request made under an extradition agreement that contains a period within which a request for extradition must be made and the supporting documents provided,

    • (i) when the period has expired and the extradition partner has not made the request or provided the documents, or

    • (ii) when the request for extradition has been made and the documents provided within the period but the Minister has not issued an authority to proceed before the expiry of 30 days after the expiry of that period; or

  • (c) if the provisional arrest was not made pursuant to a request made under an extradition agreement or was made pursuant to an extradition agreement that does not contain a period within which a request for extradition must be made and the supporting documents provided,

    • (i) when 60 days have expired after the provisional arrest and the extradition partner has not made the request or provided the documents, or

    • (ii) when the request for extradition has been made and the documents provided within 60 days but the Minister has not issued an authority to proceed before the expiry of 30 additional days.

• Marginal note:Extension

  (2) On application of the Attorney General, a judge

  • (a) may extend a period referred to in subsection (1); or

  • (b) shall, in the case of a person arrested on the request of the International Criminal Court, extend a period referred to in subsection (1) for the period specified by the Attorney General, not to exceed 30 days.

• Marginal note:Release of person

  (3) In extending a period under subsection (2), the judge may also grant the person judicial interim release or vary the conditions of their judicial interim release.