Extradition is the process by which Canada surrenders an individual to a partner country for the purpose of prosecuting the person, imposing a sentence on this person, or enforcing a sentence that has already been imposed. The Canadian Government may also extradite the individual in question to the International Criminal Court so that he/she may be prosecuted for war crimes.
Canada will only extradite a person from Canada to an established “Extradition Partner”, which means the requesting country must already have an existing extradition agreement or treaty with Canada. The Canadian Government makes efforts to surrender an individual for criminal prosecution in another country for only the most serious crimes.
While some countries only allow the extradition of foreigners, Canada permits the surrender of Canadian citizens to an Extradition Partner.
The current Extradition Act divides functional responsibilities between the Minister of Justice and the Courts into three distinct phases:
- Initiating an extradition request
- The Extradition hearing
- Extradition appeal to the Minister of Justice
Given our extensive knowledge of extradition law and procedure, NLC Lawyers is able to help you solve extradition problems, should you be at risk, by assisting you to fight the charge, or working to negotiate the terms of any surrender and ultimate resolution. In some cases, if you are a Canadian citizen, we may be able to assist making arrangements for you to serve any sentence imposed by a foreign court here in Canada.
Contact our extradition lawyers today for a confidential consultation.