What is Extradition?
Are you facing an extradition request?
You need to understand your rights. When extradition occurs, it means that one jurisdiction i.e. country is trying to hand over an alleged criminal to another country.
In order for an extradition to occur, the two jurisdictions must have a pre-existing agreement in place. In Canada, a person cannot be extradited unless the offence alleged is also considered a criminal offence in Canada. Moreover, a state does not have any obligation to surrender an alleged criminal to another state. If the death penalty will be imposed in the requesting country, Canada will not proceed with an extradition request.
If you are arrested pending extradition, it is possible to obtain bail from the Superior Court of Justice. During the extradition Bail Hearing, the judge will determine the Accused's risk of committing further crimes or fleeing to another jurisdiction before the extradition hearing.
Legal counsel can help you in many ways in regards to extradition such as possibly blocking the requested extradition or securing counsel in the requesting jurisdiction, where required. At Caramanna, Friedberg LLP, our legal team provides comprehensive legal advice and exhaustive representation. If you are facing extradition, contact us today at (416) 924-5969.
See also immigration prosecutions