Does the extradition judge decide if I am guilty?

No. The committal hearing asks only whether the evidence would justify committal for trial in Canada if the conduct had occurred here. Guilt is decided by the courts of the requesting state after surrender.

Can Canada refuse to extradite a Canadian citizen?

Citizenship is not a bar to extradition in Canada, unlike in some other countries. Section 6 of the Charter protects mobility rights and is engaged, but the Supreme Court has held that extradition of citizens is a justified limit where the statutory and treaty conditions are met.

Can I get bail during extradition proceedings?

Judicial interim release is available in extradition but is governed by the Extradition Act, which incorporates the Criminal Code bail provisions with modifications. Flight risk is weighted heavily, and release is less readily granted than in a domestic prosecution.

Specialized Prosecutions

Extradition Lawyer in Canada

An extradition lawyer acts in proceedings governed by Extradition Act, S.C. 1999, c. 18. This page sets out what the proceeding involves, the legal test that applies, the outcomes a court can order and how counsel can help, then lists criminal defence firms you can contact.

Extradition Act, S.C. 1999, c. 18·Criminal procedure

What Extradition involve in Canadian criminal procedure

Extradition is the process by which Canada surrenders a person to a foreign state to face prosecution or serve a sentence. It is governed by the Extradition Act and by the applicable bilateral treaty or multilateral agreement, and it proceeds in two distinct stages.

The first stage is judicial. A superior court judge conducts a committal hearing under section 29 and must decide whether the evidence, as summarised in the requesting state's record of the case, would justify committal for trial in Canada had the conduct occurred here. The judge does not assess guilt or the reliability of the foreign evidence in the way a Canadian trial judge would.

The second stage is executive. The Minister of Justice decides under section 40 whether to order surrender, and section 44 requires refusal where surrender would be unjust or oppressive or where the request is made for a discriminatory purpose. Judicial review of the Minister's decision goes to the court of appeal.

The legal test

An authority to proceed issued by the Minister of Justice
Double criminality: the conduct would constitute an offence in Canada punishable by the threshold penalty
A record of the case certified by the requesting state
Evidence sufficient to justify committal for trial had the conduct occurred in Canada
A ministerial decision on surrender under sections 40 and 44

Possible outcomes

Committal into custody pending the Minister's surrender decision
Surrender to the requesting state to face prosecution or serve a sentence abroad
Detention throughout the process, since judicial interim release in extradition is governed by its own regime
Exposure to foreign sentencing regimes that may be far harsher than Canadian ones
Separation from family and loss of employment during proceedings that often take years

How counsel can help

Challenging double criminality, that the conduct would not be an offence under Canadian law
Arguing that the record of the case is manifestly unreliable and cannot support committal
Charter arguments under sections 6 and 7 at the surrender stage
Section 44 submissions that surrender would be unjust or oppressive in all the circumstances
Seeking assurances from the requesting state, for example on the death penalty or on sentence
Judicial review of the Minister's surrender decision in the court of appeal

Extradition lawyer: frequently asked questions

Does the extradition judge decide if I am guilty?: No. The committal hearing asks only whether the evidence would justify committal for trial in Canada if the conduct had occurred here. Guilt is decided by the courts of the requesting state after surrender.
Can Canada refuse to extradite a Canadian citizen?: Citizenship is not a bar to extradition in Canada, unlike in some other countries. Section 6 of the Charter protects mobility rights and is engaged, but the Supreme Court has held that extradition of citizens is a justified limit where the statutory and treaty conditions are met.
Can I get bail during extradition proceedings?: Judicial interim release is available in extradition but is governed by the Extradition Act, which incorporates the Criminal Code bail provisions with modifications. Flight risk is weighted heavily, and release is less readily granted than in a domestic prosecution.

Find an extradition lawyer

These criminal defence firms handle Criminal Code matters and can advise on Extradition matters. Confirm the scope of a firm’s practice before retaining counsel.