Extradition Act (S.C. 1999, c. 18)

Marginal note:Extradition hearing

• 24. (1) The judge shall, on receipt of an authority to proceed from the Attorney General, hold an extradition hearing.

• Marginal note:Application of Part XVIII of the Criminal Code

  (2) For the purposes of the hearing, the judge has, subject to this Act, the powers of a justice under Part XVIII of the Criminal Code, with any modifications that the circumstances require.

Marginal note:Competence

25. For the purposes of the Constitution Act, 1982, a judge has, with respect to the functions that the judge is required to perform in applying this Act, the same competence that that judge possesses by virtue of being a superior court judge.

Marginal note:Order restricting publication of evidence

26. Before beginning a hearing in respect of a judicial interim release or an extradition hearing, a judge may, on application by the person or the Attorney General and on being satisfied that the publication or broadcasting of the evidence would constitute a risk to the holding of a fair trial by the extradition partner, make an order directing that the evidence taken not be published or broadcast before the time that the person is discharged or, if surrendered, the trial by the extradition partner has concluded.

Marginal note:Exclusion of person from hearing

27. The presiding judge may make an order excluding any person from the court for all or part of an extradition hearing or hearing in respect of a judicial interim release if the judge is of the opinion that it is in the interest of public morals, the maintenance of order or the proper administration of justice to exclude the person.

Marginal note:Power to compel witnesses

28. A judge who presides over an extradition hearing or a hearing in respect of a judicial interim release may compel a witness to attend the hearing and sections 698 to 708 of the Criminal Code apply, with any modifications that the circumstances require.

Marginal note:Order of committal

• 29. (1) A judge shall order the committal of the person into custody to await surrender if

  • (a) in the case of a person sought for prosecution, there is evidence admissible under this Act of conduct that, had it occurred in Canada, would justify committal for trial in Canada on the offence set out in the authority to proceed and the judge is satisfied that the person is the person sought by the extradition partner; and

  • (b) in the case of a person sought for the imposition or enforcement of a sentence, the judge is satisfied that the conviction was in respect of conduct that corresponds to the offence set out in the authority to proceed and that the person is the person who was convicted.

• Marginal note:Order of committal

  (2) The order of committal must contain

  • (a) the name of the person;

  • (b) the offence set out in the authority to proceed for which the committal is ordered;

  • (c) the place at which the person is to be held in custody; and

  • (d) the name of the extradition partner.

• Marginal note:Discharge of person

  (3) A judge shall order the person discharged if the judge does not order their committal under subsection (1).

• Marginal note:Relevant date

  (4) The date of the authority to proceed is the relevant date for the purposes of subsection (1).

• Marginal note:Extradition when person not present at conviction

  (5) Subject to a relevant extradition agreement, if a person has been tried and convicted without the person being present, the judge shall apply paragraph (1)(a).