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Authority to Proceed |
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Minister's
power to issue
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15. (1) The Minister may, after receiving a
request for extradition and being satisfied that
the conditions set out in paragraph 3(1)(a) and
subsection 3(3) are met in respect of one or
more offences mentioned in the request, issue
an authority to proceed that authorizes the
Attorney General to seek, on behalf of the
extradition partner, an order of a court for the
committal of the person under section 29.
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Competing
requests
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(2) If requests from two or more extradition
partners are received by the Minister for the
extradition of a person, the Minister shall
determine the order in which the requests will
be authorized to proceed.
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Contents of
authority to
proceed
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(3) The authority to proceed must contain
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Copy of
authority to
proceed
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(4) A copy of an authority to proceed
produced by a means of telecommunication
that produces a writing has the same probative
force as the original for the purposes of this
Part.
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Arrest or Summons Following Authority to Proceed |
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Warrant of
arrest or
summons
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16. (1) The Attorney General may, after the
Minister issues an authority to proceed, apply
ex parte to a judge in the province in which the
Attorney General believes the person is or to
which the person is on their way, or was last
known to be, for the issuance of a summons to
the person or a warrant for the arrest of the
person.
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When
provisionally
arrested
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(2) If the person has been arrested pursuant
to a provisional arrest warrant issued under
section 13, the Attorney General need not
apply for a summons or warrant under
subsection (1).
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Issuance of
summons or
warrant of
arrest
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(3) The judge to whom an application is
made shall issue a summons to the person, or
a warrant for the arrest of the person, in
accordance with subsection 507(4) of the
Criminal Code, with any modifications that
the circumstances require.
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Execution
throughout
Canada
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(4) A warrant that is issued under this
section may be executed, and a summons
issued under this section may be served,
anywhere in Canada without being endorsed.
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Date of
hearing -
summons
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(5) A summons that is issued under this
section must
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Effect of
appearance
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(6) A person appearing as required by
subsection (5) is considered, for the purposes
only of the Identification of Criminals Act, to
be in lawful custody charged with an
indictable offence.
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Appearance |
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Appearance
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17. (1) A person who is arrested under
section 13 or 16 is to be brought before a judge
or a justice within twenty-four hours after the
person is arrested, but if no judge or no justice
is available during this time, the person shall
be brought before a judge or a justice as soon
as possible.
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Appearance
before justice
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(2) The justice before whom a person is
brought under subsection (1) shall order that
the person be detained in custody and brought
before a judge.
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Judicial
interim
release
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18. (1) The judge before whom a person is
brought following arrest under section 13 or
16 shall order the release, with or without
conditions, or detention in custody of the
person.
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Review by
court of
appeal
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(2) A decision respecting judicial interim
release may be reviewed by a judge of the
court of appeal and that judge may
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Criminal
Code
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19. Part XVI of the Criminal Code applies,
with any modifications that the circumstances
require, in respect of a person arrested under
section 13 or 16 or to whom a summons has
been issued under section 16.
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Section 679 of
the Criminal
Code
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20. Section 679 of the Criminal Code
applies, with any modifications that the
circumstances require, to the judicial interim
release of a person pending
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Date of
hearing -
provisional
arrest
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21. (1) If a person has been provisionally
arrested, the judge before whom the person is
brought shall
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Date of
hearing after
authority to
proceed
issued
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(2) If a person has been arrested or is a
person to whom a summons has been issued
under section 16, the judge before whom the
person is brought shall set a date for the
extradition hearing.
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Hearing
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(3) The judge shall set an early date for the
extradition hearing, whether that date is in or
out of the prescribed sessions of the court.
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Application
for transfer
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22. (1) On application of the Attorney
General or the person arrested or to whom a
summons has been issued under section 16,
the judge shall, if satisfied that the interests of
justice so require, order that the proceedings
be transferred to another place in Canada and
that the person appear before a judge in that
place, and
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Execution
throughout
Canada
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(2) A summons issued under paragraph
(1)(b) may be served anywhere in Canada
without being endorsed.
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Order
respecting
expenses
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(3) If the order under subsection (1) was
made on the application of the Attorney
General, the judge may order that the Attorney
General pay the person's reasonable travel
expenses incurred further to the order.
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Substitution and Amendment of Authority to Proceed |
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Substitution
of authority to
proceed
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23. (1) The Minister may substitute another
authority to proceed at any time before the
extradition hearing begins. All documents
issued and orders made by the court apply in
respect of the new authority to proceed, unless
the court, on application of the person or the Attorney General, orders otherwise.
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New date for
hearing
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(1.1) Where the Minister substitutes
another authority to proceed under subsection
(1) and the person applies for another date to
be set for the beginning of the extradition
hearing in order to give the person an
opportunity to examine the new authority, the
judge may set another date for the hearing.
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Amendment
of authority to
proceed
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(2) The judge may, on application of the
Attorney General, amend the authority to
proceed after the hearing has begun in
accordance with the evidence that is produced
during the hearing.
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Withdrawal of
the authority
to proceed
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(3) The Minister may at any time withdraw
the authority to proceed and, if the Minister
does so, the court shall discharge the person
and set aside any order made respecting their
judicial interim release or detention.
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Extradition Hearing |
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Extradition
hearing
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24. (1) The judge shall, on receipt of an
authority to proceed from the Attorney
General, hold an extradition hearing.
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Application of
Part XVIII of
the Criminal
Code
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(2) For the purposes of the hearing, the
judge has, subject to this Act, the powers of a
justice under Part XVIII of the Criminal Code,
with any modifications that the circumstances
require.
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Competence
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25. For the purposes of the Constitution Act,
1982, a judge has, with respect to the functions
that the judge is required to perform in
applying this Act, the same competence that
that judge possesses by virtue of being a
superior court judge.
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Order
restricting
publication of
evidence
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26. Before beginning a hearing in respect of
a judicial interim release or an extradition
hearing, a judge may, on application by the
person or the Attorney General and on being
satisfied that the publication or broadcasting
of the evidence would constitute a risk to the
holding of a fair trial by the extradition
partner, make an order directing that the
evidence taken not be published or broadcast
before the time that the person is discharged
or, if surrendered, the trial by the extradition
partner has concluded.
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Exclusion of
person from
hearing
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27. The presiding judge may make an order
excluding any person from the court for all or
part of an extradition hearing or hearing in
respect of a judicial interim release if the
judge is of the opinion that it is in the interest
of public morals, the maintenance of order or
the proper administration of justice to exclude
the person.
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Power to
compel
witnesses
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28. A judge who presides over an
extradition hearing or a hearing in respect of
a judicial interim release may compel a
witness to attend the hearing and sections 698
to 708 of the Criminal Code apply, with any
modifications that the circumstances require.
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Order of
committal
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29. (1) A judge shall order the committal of
the person into custody to await surrender if
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Order of
committal
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(2) The order of committal must contain
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Discharge of
person
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(3) A judge shall order the person
discharged if the judge does not order their
committal under subsection (1).
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Relevant date
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(4) The date of the authority to proceed is
the relevant date for the purposes of
subsection (1).
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Extradition
when person
not present at
conviction
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(5) Subject to a relevant extradition
agreement, if a person has been tried and
convicted without the person being present,
the judge shall apply paragraph (1)(a).
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Authority to
keep person in
custody
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30. (1) The order of committal constitutes
the authority to keep the person in custody,
subject to an order of judicial interim release.
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Duration of
order
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(2) The order of committal remains in force
until the person is surrendered or discharged
or until a new hearing is ordered under
paragraph 54(a).
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Rules of Evidence |
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Definition of
``docu- ment''
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31. For the purposes of sections 32 to 38,
``document'' means data recorded in any
form, and includes photographs and copies of
documents.
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Evidence
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32. (1) Subject to subsection (2), evidence
that would otherwise be admissible under
Canadian law shall be admitted as evidence at
an extradition hearing. The following shall
also be admitted as evidence, even if it would
not otherwise be admissible under Canadian
law:
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Exception -
Canadian
evidence
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(2) Evidence gathered in Canada must
satisfy the rules of evidence under Canadian
law in order to be admitted.
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Record of the
case
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33. (1) The record of the case must include
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Other
documents -
record of the
case
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(2) A record of the case may include other
relevant documents, including documents
respecting the identification of the person
sought for extradition.
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Certification
of record of
the case
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(3) A record of the case may not be admitted
unless
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Authenti- cation not required
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(4) No authentication of documents is
required unless a relevant extradition
agreement provides otherwise.
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Record of the
case and
supplements
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(5) For the purposes of this section, a record
of the case includes any supplement added to
it.
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Oath or
solemn
affirmation
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34. A document is admissible whether or
not it is solemnly affirmed or under oath.
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No proof of
signature
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35. A document purporting to have been
signed by a judicial, prosecuting or
correctional authority, or a public officer, of
the extradition partner shall be admitted
without proof of the signature or official
character of the person appearing to have
signed it.
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Translated
documents
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36. A translation of a document into one of
Canada's official languages shall be admitted
without any further formality.
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