SUMMARY

This enactment creates a comprehensive scheme, consistent with modern legal principles and recent international developments, in the field of extradition.

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.

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.

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.

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.

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.

This enactment repeals the Extradition Act and the Fugitive Offenders Act and makes other related and consequential amendments.