Bill C-40
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Evidence of
identity
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37. The following are evidence that the
person before the court is the person referred
to in the order of arrest, the document that
records the conviction or any other document
that is presented to support the request:
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Judge's Report |
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Report of the
judge
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38. (1) A judge who issues an order of
committal of a person to await surrender shall
transmit to the Minister the following
documents:
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Right to
appeal
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(2) When the judge orders the committal of
a person, the judge shall inform the person that
they will not be surrendered until after the
expiry of 30 days and that the person has a
right to appeal the order and to apply for
judicial interim release.
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Property |
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Property
seized
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39. (1) Subject to a relevant extradition
agreement, a judge who makes an order of
committal may order that any thing that was
seized when the person was arrested and that
may be used in the prosecution of the person
for the offence for which the extradition was
requested be transferred to the extradition
partner at the time the person is surrendered.
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Conditions of
order
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(2) The judge may include in the order any
conditions that the judge considers desirable,
including conditions
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Powers of Minister |
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Surrender
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40. (1) The Minister may, within a period of
90 days after the date of a person's committal
to await surrender, personally order that the
person be surrendered to the extradition
partner.
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When refugee
claim
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(2) Before making an order under
subsection (1) with respect to a person who has
claimed Convention refugee status under
section 44 of the Immigration Act, the
Minister shall consult with the minister
responsible for that Act.
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Powers of the
Minister
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(3) The Minister may seek any assurances
that the Minister considers appropriate from
the extradition partner, or may subject the
surrender to any conditions that the Minister
considers appropriate, including a condition
that the person not be prosecuted, nor that a
sentence be imposed on or enforced against
the person, in respect of any offence or
conduct other than that referred to in the order
of surrender.
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No surrender
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(4) If the Minister subjects surrender of a
person to assurances or conditions, the order
of surrender shall not be executed until the
Minister is satisfied that the assurances are
given or the conditions agreed to by the
extradition partner.
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Extension of
time
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(5) If the person has made submissions to
the Minister under section 43 and the Minister
is of the opinion that further time is needed to
act on those submissions, the Minister may
extend the period referred to in subsection (1)
for one additional period that does not exceed
60 days.
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Notice of
extension of
time
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(6) If an appeal has been filed under section
50 and the Minister has extended the period
referred to in subsection (1), the Minister shall
file with the court of appeal a notice of
extension of time before the expiry of that
period.
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When appeal
pending
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41. (1) The Minister may postpone the
making of the order of surrender if
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No further
deferral of
appeal
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(2) When the Minister has filed a notice of
postponement with the court of appeal under
paragraph (1)(b), that court may not defer the
hearing of the appeal under subsection 51(2).
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Amendments
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42. The Minister may amend a surrender
order at any time before its execution.
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Submissions |
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Submissions
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43. (1) The person may, at any time before
the expiry of 30 days after the date of the
committal, make submissions to the Minister
in respect of any ground that would be relevant
to the Minister in making a decision in respect
of the surrender of the person.
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Late
acceptance of
submissions
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(2) The Minister may accept submissions
even after the expiry of those 30 days in
circumstances that the Minister considers
appropriate.
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Reasons for Refusal |
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When order
not to be
made
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44. (1) The Minister shall refuse to make a
surrender order if the Minister is satisfied that
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When
Minister may
refuse to
make order
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(2) The Minister may refuse to make a
surrender order if the Minister is satisfied that
the conduct in respect of which the request for
extradition is made is punishable by death
under the laws that apply to the extradition
partner.
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Refusal in
extradition
agreement
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45. (1) The reasons for the refusal of
surrender contained in a relevant extradition
agreement, other than a multilateral
extradition agreement, or the absence of
reasons for refusal in such an agreement,
prevail over sections 46 and 47.
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Exception -
multilateral
extradition
agreement
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(2) The reasons for the refusal of surrender
contained in a relevant multilateral
extradition agreement prevail over sections 46
and 47 only to the extent of any inconsistency
between either of those sections and those
provisions.
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When order
not to be
made
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46. (1) The Minister shall refuse to make a
surrender order if the Minister is satisfied that
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Restriction
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(2) For the purpose of subparagraph (1)(c),
conduct that constitutes an offence mentioned
in a multilateral extradition agreement for
which Canada, as a party, is obliged to
extradite the person or submit the matter to its
appropriate authority for prosecution does not
constitute a political offence or an offence of
a political character. The following conduct
also does not constitute a political offence or
an offence of a political character:
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When
Minister may
refuse to
make order
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47. The Minister may refuse to make a
surrender order if the Minister is satisfied that
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Discharge
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48. (1) If the Minister decides not to make
a surrender order, the Minister shall order the
discharge of the person.
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When refugee
claim
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(2) When the Minister orders the discharge
of a person and the person has claimed
Convention refugee status under section 44 of
the Immigration Act, the Minister shall send
copies of all relevant documents to the
minister responsible for that Act.
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Appeal |
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Appeal
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49. A person may appeal against an order of
committal - or the Attorney General, on
behalf of the extradition partner, may appeal
the discharge of the person or a stay of
proceedings - to the court of appeal of the
province in which the order of committal, the
order discharging the person or the order
staying the proceedings was made,
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Notice of
appeal
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50. (1) An appellant who proposes to appeal
to a court of appeal or to obtain the leave of
that court to appeal must give notice of appeal
or notice of the application for leave to appeal
not later than 30 days after the decision of the
judge with respect to the committal or
discharge of the person, or the stay of
proceedings, as the case may be, in any
manner that may be directed by the rules of
court.
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Extension of
time
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(2) The court of appeal or a judge of the
court of appeal may, either before or after the
expiry of the 30 days referred to in subsection
(1), extend the time within which notice of
appeal or notice of an application for leave to
appeal may be given.
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Hearing of
appeal
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51. (1) An appeal under this Act shall be
scheduled for hearing by the court of appeal at
an early date whether that date is in or out of
the prescribed sessions of that court.
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Deferral of
appeal
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(2) The hearing of an appeal against an
order of committal may be deferred by the
court of appeal until the Minister makes a
decision in respect of the surrender of the
person under section 40.
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Provisions of
the Criminal
Code to apply
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52. (1) Sections 677, 678.1, 682 to 685 and
688 of the Criminal Code apply, with any
modifications that the circumstances require,
to appeals under this Act.
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Rules
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(2) Unless inconsistent with the provisions
of this Act, rules made by the court of appeal
under section 482 of the Criminal Code in
relation to appeals to that court under that Act
apply, with any modifications that the
circumstances require, to appeals under this
Act.
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Powers of the
court of
appeal
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53. On the hearing of an appeal against an
order of committal of a person, the court of
appeal may
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Effect of
allowing
appeal
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54. If the court of appeal allows an appeal
under paragraph 53(a), it shall
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Powers
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55. (1) On the hearing of an appeal against
the discharge of a person or against a stay of
proceedings, the court of appeal may
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Order for new
extradition
hearing or
committal
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(2) The court of appeal may, if it sets aside
a stay of proceedings, order a new extradition
hearing. The court of appeal may, if it sets
aside an order of discharge, order a new
extradition hearing or order the committal of
the person.
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Deferral of
Supreme
Court appeal
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56. (1) The Supreme Court may defer, until
the Minister makes a decision with respect to
the surrender of the person under section 40,
the hearing of an application for leave to
appeal, or the hearing of an appeal, from a
decision of the court of appeal on an appeal
taken under section 49, or on any other appeal
in respect of a matter arising under this Act.
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Deferral of
Supreme
Court appeal
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(2) The Supreme Court may also, if an
application for judicial review is made under
section 57 or otherwise, defer the hearing until
the court of appeal makes its determination on
the application.
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