Bill C-40
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SUMMARY |
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This enactment creates a comprehensive scheme, consistent with
modern legal principles and recent international developments, in the
field of extradition.
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The enactment applies to all requests for extradition, whether
presented under a specific agreement, bilateral treaty or multilateral
convention, by a Commonwealth State, a foreign country or an
international criminal court or tribunal. It sets out in detail the
procedures applicable to the extradition process, including the
pre-hearing process and the hearing itself.
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It allows for the admission into evidence of documentation
contained in a certified record of the case. It provides that extradition
will be based on the principle of dual criminality, providing that the
conduct would be punishable both in Canada, if it had occurred in
Canada, and in the jurisdiction of the extradition partner by deprivation
of liberty for no less than a specified minimum period, as set out in the
Act or an extradition agreement.
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The enactment specifies the considerations for the extradition judge
in deciding whether the person sought should be ordered to await
surrender to the requesting state. It also specifies the considerations,
including human rights safeguards, for the Minister of Justice in
deciding whether to surrender the person sought.
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It avoids duplication of decisions and minimizes the delay when a
requested person has made a refugee claim or is otherwise the subject
of immigration removal proceedings under the Immigration Act.
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The enactment also permits the use of video and audio-link
technology for the purpose of providing testimony from witnesses
located in Canada or abroad.
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This enactment repeals the Extradition Act and the Fugitive
Offenders Act and makes other related and consequential amendments.
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