when the attorney general is acting as attorney general canada extradition

Can Canada's Attorney General pull the plug on Meng's extradition case?

• The extradition process is also used when Canada requests the extradition of a person to Canada from another country for trial, imposition or service of sentence. • The Minister of Justice may only seek extradition from another state at the request of the competent authority (i.e. the Attorney General of Canada or the Attorney General of the province) who is responsible for the …

How does extradition work between Canada and another country?

The extradition process is also used when Canada requests the extradition of a person to Canada from another country for trial, imposition or service of sentence. The Minister of Justice may only seek extradition from another state at the request of the competent authority (i.e. the Attorney General of Canada or the Attorney General of the ...

Who is responsible for the implementation of extradition agreements?

Dec 12, 2018 · December 12, 2018 - Ottawa, ON - Department of Justice Canada. The Honourable Jody Wilson-Raybould, Minister of Justice and Attorney General of Canada, issued the following statement: “As the Minister of Justice, I take my extradition responsibilities and …

What is the Extradition Act of 1999?

Oct 13, 2020 · Pursuant to the Extradition Act, Canada's Attorney General David Lametti has the power to pull the plug on Meng's extradition case at any point during the court process. Lametti has so far refused...

How does extradition work in Canada?

Canada will only extradite a person from Canada to an established “Extradition Partner”. In order to become an Extradition Partner, the requesting country must have an existing extradition agreement or treaty with Canada.

Does Canada extradite its own citizens?

Canada is able to extradite persons to stand trial, for imposition of a sentence or to serve a sentence, at the request of a foreign state or entity that is an extradition partner under Canada's Extradition Act.Jul 7, 2021

How does an extradition treaty work?

In an extradition process, one sovereign jurisdiction typically makes a formal request to another sovereign jurisdiction ("the requested state"). If the fugitive is found within the territory of the requested state, then the requested state may arrest the fugitive and subject him or her to its extradition process.

What is doctrine of double criminality?

In extradition. Another common principle is double criminality, which stipulates that the alleged crime for which extradition is being sought must be criminal in both the demanding and the requested countries.

Can you flee to Canada?

Migrants in the USA have been leaving to try to get asylum in Canada. They believe it will be easier to get asylum there. But most people who enter Canada at an official border from the United States cannot make a refugee claim in Canada. This is because of an agreement between the two countries.

Which countries do not have an extradition treaty with Canada?

However, of the ones mentioned above, Austria, France, the Czech Republic, Germany and Switzerland will not extradite their citizens to Canada but will deport foreigners only., Moreover, Canada has no such measures, and hence, even Canadian citizens can be surrendered by the Government to any extradition partners.May 25, 2020

How do you get a fugitive warrant lifted?

If you are aware that a bench warrant is outstanding, you can call or appear before a court clerk or local police department to arrange to pay bail so that the warrant will be lifted, unless it is a no-bail warrant.Dec 9, 2021

What are the essential requirements for extradition of fugitive?

Essential conditions for extradition i) The relevant crime is sufficiently serious. ii) There exists a prima facie case against the individual sought. iii) The event in question qualifies as a crime in both countries. recipient country.

Where can you not be extradited from?

Countries with No U.S. Extradition TreatyAfghanistanEthiopiaNepalDem. Republic of the CongoMongoliaUnited Arab EmiratesCote d' IvoireMontenegroUzbekistanCubaMoroccoVanuatuDjiboutiMozambiquethe Vatican21 more rows

What is reciprocity in extradition?

According to Starke-The term extradition denotes the process whereby under the treaty or upon a basis of reciprocity one state surrenders to another state at its request a person accused or convicted of a criminal offence committed against the laws of the requesting state, such requesting state is competent to try the ...

What is extradition?

Extradition is the removal of a person from a requested state to a requesting state for criminal prosecution or punishment. Put differently, to extradite is to surrender, or obtain surrender of, a fugitive from one jurisdiction to another.

Is Double Jeopardy still a law?

The rule against double jeopardy is only lifted once in respect of each qualifying offence: even if there is a subsequent discovery of new evidence, the prosecution may not apply for an order quashing the acquittal and seeking a retrial section 75(3).

How long does it take for an extradition agreement to be published in Canada?

8 (1) Unless the extradition agreement has been published under subsection (2), an extradition agreement — or the provisions respecting extradition contained in a multilateral extradition agreement — must be published in the Canada Gazette no later than 60 days after it comes into force.

What is the Extradition Act?

1999, c. 18. An Act respecting extradition, to amend the Canada Evidence Act, the Criminal Code, the Immigration Act and the Mutual Legal Assistance in Criminal Matters Act and to amend and repeal other Acts in consequence.

What is the International Criminal Court?

International Criminal Court means the International Criminal Court as defined in subsection 2 (1) of the Crimes Against Humanity and War Crimes Act . ( Cour pénale internationale) judge. judge means a judge of the court.  ( juge) justice.

What does "Judge" mean?

judge means a judge of the court. ( juge) justice has the same meaning as in section 2 of the Criminal Code .  ( juge de paix) Minister means the Minister of Justice.  ( ministre) specific agreement means an agreement referred to in section 10 that is in force.  ( accord spécifique)

What does "Attorney General" mean?

Attorney General means the Attorney General of Canada. ( procureur général) (a) in Ontario, the Ontario Court (General Division); (c) in New Brunswick, Manitoba, Alberta and Saskatchewan, the Court of Queen’s Bench;

What does "state" mean in Canada?

State or entity. State or entity means. (a) a State other than Canada; (b) a province, state or other political subdivision of a State other than Canada; (c) a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a State other than Canada;

Who can enter into a specific agreement with a state or entity for the purpose of giving effect to a request

10 (1) The Minister of Foreign Affairs may, with the agreement of the Minister, enter into a specific agreement with a State or entity for the purpose of giving effect to a request for extradition in a particular case.

Who can request extradition from another state?

The Minister of Justice may only seek extradition from another state at the request of the competent authority (i.e. the Attorney General of Canada or the Attorney General of the province) who is responsible for the prosecution in Canada. The foreign state will apply its own laws to executing the Canadian request.

What is the Ministerial phase of extradition?

At the Ministerial phase, the Minister of Justice must determine whether the person sought should be surrendered (extradited) to the requesting state. The Minister is only tasked with making this decision after an extradition judge has ordered the person committed at the extradition hearing.

What is the Minister's surrender decision?

The Minister's surrender decision must take into consideration the requirements of the Extradition Act, the applicable treaty, the Canadian Charter of Rights and Freedoms and any submissions made by the person sought for extradition. Third party considerations are not relevant to the decision on surrender.

How can a foreign country request extradition?

The foreign country may seek the extradition of a person in two ways: by providing Canada with a formal extradition request and supporting documentation or by requesting the person's provisional arrest, which must then be followed by a formal extradition request.

What happens if the presiding judge is satisfied with the evidence?

If the presiding judge is satisfied with the evidence, they will order the person committed for extradition pending the decision of the Minister of Justice on surrender. Otherwise, the person is discharged and released. The judicial phase of the extradition process is not a trial. A trial will take place in the requesting state or entity, ...

What is the Judicial Phase?

2. Judicial Phase: the extradition hearing, which takes place before a judge of the superior court. 3. Ministerial Phase: the decision on surrender, which under the Extradition Act must be made by the Minister of Justice. This decision cannot be delegated to officials.

What is dual criminality?

This is known as dual criminality. Dual criminality is established if the conduct would be criminal in Canada. It does not matter what the offence is called, nor do the elements of the offence have to match the foreign offence.

What is the purpose of the Extradition Act?

The Extradition Act implements Canada’s international obligations under extradition treaties to surrender people sought for prosecution or to serve a sentence imposed against them in the foreign state. Extradition proceedings are conducted in accordance with the rule of law and constitutional principles.

How long does it take to get extradited to British Columbia?

Department of Justice officials have a further 30 days to determine whether to issue an Authority to Proceed which will formally commence the extradition process. Should an Authority to Proceed be issued, an extradition hearing will be scheduled by the British Columbia Supreme Court.

Is Wanzhou Meng being extradited?

Wanzhou Meng is sought for extradition by the United States and is currently being afforded due process before the courts. Ms. Meng was granted bail yesterday under strict conditions set by the court. Given interest in this case, I would like to clarify key aspects of Canada’s extradition process.

Who is Mo Vayeghan?

Mo Vayeghan is a Vancouver-based criminal defence lawyer and a former Crown prosecutor in British Columbia . He holds a Master’s degree in law from Columbia Law School in New York City. He is the founder of Vayeghan Litigation, a criminal defence and immigration law firm in Vancouver.

Who is Meng Wanzhou?

Meng Wanzhou, chief financial officer of Huawei, leaves her home to attend a court hearing in Vancouver on Sept. 29. She is the subject of a U.S. extradition request that has caused serious foreign relations issues for Canada with both the U.S. and China. (Darryl Dyck/Canadian Press)

What is extradition in Australia?

For example, extradition is used if a person commits an offence, such as murder, in Australia and flees to the United States of America (USA) before they are prosecuted. In that case, Australia can make a request to the USA for the arrest and extradition of the person in the USA.

What is the Australian Extradition Act 1988?

The Extradition Act 1988 sets out a number of requirements that must be met before Australia can make or accept an extradition request. Those requirements may be supplemented by requirements contained in a multilateral or bilateral treaty.

Why does Australia need extradition?

Australia needs to ensure that criminals cannot evade justice simply by crossing borders. This requires an effective extradition regime that includes appropriate safeguards. Extradition is a process by which one country apprehends and sends a person to another country for the purposes of criminal prosecution or to serve a prison sentence.

What is the extradition process between Australia and New Zealand?

Extradition between Australia and New Zealand is governed by a separate and distinct regime, known as the 'backing of warrants' system. This scheme between Australia and New Zealand is administered by police forces and prosecuting authorities in Australia and New Zealand.

How can a country seek provisional arrest?

If a matter is urgent, for example, when it is believed that a fugitive may flee the jurisdiction, a country can seek the provisional arrest of the fugitive through Interpol channels or directly between the central authorities of the relevant countries.

What is the process of sending a person to another country?

Extradition and deportation are often confused. Extradition is the formal government-to-government process by which a foreign country sends a person to another country to face prosecution or to serve a sentence.

Did Huawei sell Skycom?

In reality, Huawei sold Skycom to itself.

Did Huawei lie about other relationships?

Huawei allegedly lied about other relationships, as well. In 2017, when one bank decided to terminate its global banking relationship with Huawei over concern about risk, the company allegedly told other banks that Huawei was distancing itself from the bank—not the other way around.

Extraditable Conduct

• Marginal note:General principle 1. 3 (1) A person may be extradited from Canada in accordance with this Act and a relevant extradition agreement on the request of an extradition partner for the purpose of prosecuting the person or imposing a sentence on — or enforcing a sentence imposed on — the person if 1.1. (a)subject to a relevant extradition a...

See more on laws-lois.justice.gc.ca

Functions of The Minister

Publication of Extradition Agreements

Designated States and Entities

Specific Agreements

Minister’s Power to Receive Requests

Warrant For Provisional Arrest

Authority to proceed

Arrest Or Summons Following Authority to proceed