Bill C-40

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

	Consent
Consent to committal	70. (1) A person may, at any time after the issuance of an authority to proceed, consent, in writing and before a judge, to committal.
Judge to order committal	(2) A judge before whom a person consents under subsection (1) shall
	(a) order the committal of the person into custody to await surrender to the extradition partner; and
	(b) transmit a copy of the consent to the Minister.
Consent to surrender	71. (1) A person may, at any time after arrest or appearance, consent, in writing and before a judge, to being surrendered.
Judge to order surrender	(2) A judge before whom a person consents to being surrendered shall
	(a) order the committal of the person into custody to await surrender to the extradition partner; and
	(b) transmit a copy of the consent to the Minister.
When Minister receives consent	(3) The Minister may, as soon as is feasible after receiving a consent to surrender, personally order that the person be surrendered to the extradition partner.
Sections not applicable	(4) When a person consents to being surrendered to the extradition partner, the following sections do not apply:
	(a) section 43 (submissions to the Minister);
	(b) section 44 (reasons for refusal);
	(c) section 48 (discharge of person);
	(d) section 57 (judicial review of Minister's decision); and
	(e) paragraph 62(1)(a) (delay before surrender).
	Waiver of Extradition
Waiving extradition	72. (1) A person may, at any time after arrest or appearance, waive extradition in writing and before a judge.
Judge to inform person	(2) A judge before whom a person gives a waiver under subsection (1) must inform the person
	(a) of the consequences of the waiver including the consequences of waiving the protection of specialty; and
	(b) that they will be conveyed without delay to the extradition partner.
Judge to order conveyance	(3) The judge shall
	(a) order the conveyance in custody of the person to the extradition partner; and
	(b) transmit a copy of the waiver and the order to the Minister.
Conveyance order	(4) The conveyance order must
	(a) contain the name of the person who is to be conveyed; and
	(b) state the extradition partner to which the person is to be conveyed.
Escape	73. (1) If the person escapes while in custody for conveyance, the law that applies with respect to a person who is accused or convicted of a crime against the laws of Canada and who escapes applies with respect to the person.
Arrest	(2) If the person escapes while in custody for conveyance, the person in whose custody the person is has the power to arrest them in fresh pursuit.
	Transit
Transit	74. (1) The Minister may consent to the transit in Canada of a person surrendered by one State or entity to another, subject to any terms and conditions that the Minister considers appropriate.
Consent to transit	(2) A consent to transit constitutes authority to the officer of the surrendering State or entity or the receiving State or entity to keep the person in custody while in Canada.
Sections to apply	(3) Sections 58 (contents of surrender order), 60 (power to convey), 61 (escape) and 69 (remedy in case of delay) apply, with any modifications that the circumstances require, in respect of the consent to transit.
Special authorization	75. (1) The Minister may, in order to give effect to a request for consent to transit, authorize a person in a State or entity who is a member of an inadmissible class of persons described in section 19 of the Immigration Act to come into Canada at a place designated by the Minister and to go to and remain in a place in Canada so designated for the period specified by the Minister. The Minister may make the authorization subject to any conditions that the Minister considers desirable.
Variation of authorization	(2) The Minister may vary the terms of an authorization granted under subsection (1) and, in particular, may extend the period of time during which the person is authorized to remain in a place in Canada.
Non- compliance with conditions of authorization	(3) A person in respect of whom an authorization is granted under subsection (1) and who is found in a place in Canada other than the place designated in the authorization or in any place in Canada after the expiry of the period of time specified in the authorization or who fails to comply with some other condition of the authorization is, for the purposes of the Immigration Act, deemed to be a person who entered Canada as a visitor and remains in Canada after they have ceased to be a visitor.
Unscheduled landing	76. If a person being extradited from one State or entity to another arrives in Canada without prior consent to transit, a peace officer may, at the request of a public officer who has custody of the person being extradited while the person is being conveyed, hold the person in custody for a maximum period of 24 hours pending receipt by the Minister of a request for a consent to transit from the requesting State or entity.
	PART 3
	EXTRADITION TO CANADA
Definition of ``compe- tent authority''	77. In this Part, ``competent authority'' means
	(a) in respect of a prosecution or imposition of a sentence - or of a disposition under the Young Offenders Act - the Attorney General, or the Attorney General of a province who is responsible for the prosecution of the case; and
	(b) in respect of the enforcement of a sentence or a disposition under the Young Offenders Act,
	(i) the Solicitor General of Canada, if the person would serve the sentence in a penitentiary, or
	(ii) the appropriate provincial minister responsible for corrections, in any other case.
Request by Canada for extradition	78. (1) The Minister, at the request of a competent authority, may make a request to a State or entity for the extradition of a person for the purpose of prosecuting the person for - or imposing or enforcing a sentence, or making or enforcing a disposition under the Young Offenders Act, in respect of - an offence over which Canada has jurisdiction.
Request for provisional arrest	(2) The Minister, at the request of a competent authority, may make a request to a State or entity for the provisional arrest of the person.
Order in respect of evidence	79. (1) A judge may, for the purposes of acquiring evidence for a request for extradition, on the ex parte application of a competent authority, make any order that is necessary to
	(a) secure the attendance of a witness at any place designated by the judge;
	(b) secure the production as evidence of data that is recorded in any form;
	(c) receive and record the evidence; and
	(d) certify or authenticate the evidence in a manner and form that is required by the requested State or entity.
Part XXII of the Criminal Code to apply	(2) Part XXII of the Criminal Code applies, with any modifications that the circumstances require, to orders under subsection (1).
Specialty if person is in Canada	80. Subject to a relevant extradition agreement, a person who has been extradited to Canada by a requested State or entity shall not, unless the person has voluntarily left Canada after surrender or has had a reasonable opportunity of leaving Canada,
	(a) be detained or prosecuted, or have a sentence imposed or executed, or a disposition made or executed under the Young Offenders Act, in Canada in respect of an offence that is alleged to have been committed, or was committed, before surrender other than
	(i) the offence in respect of which the person was surrendered or an included offence,
	(ii) another offence in respect of which the requested State or entity consents to the person being detained or prosecuted, or
	(iii) another offence in respect of which the person consents to being detained or prosecuted; or
	(b) be detained in Canada for the purpose of being surrendered to another State or entity for prosecution or for imposition or execution of a sentence in respect of an offence that is alleged to have been committed, or was committed, before surrender to Canada, unless the requested State or entity consents.
Conveyance of surrendered person	81. (1) A person who is surrendered to Canada by a requested State or entity may be brought into Canada by an agent of the requested State or entity if the Minister so authorizes and be delivered to an appropriate authority to be dealt with according to law.
Power to convey	(2) On the execution of a surrender order, the authorized agent of the requested State or entity shall have the authority to hold the person in custody in Canada until delivery under subsection (1).
Escape	(3) If the person escapes while in custody, the law that applies with respect to a person who is accused or convicted of a crime against the laws of Canada and who escapes applies with respect to the person.
Arrest	(4) If the person escapes, the authorized agent of the requested State or entity has the power to arrest them in fresh pursuit.
Order of detention for temporary surrender	82. (1) Subject to subsection (2), a judge shall, on application of the competent authority made at any time before the temporary surrender, order the detention in custody of a person who is serving a term of imprisonment or has otherwise lawfully been deprived of their liberty in a requested State or entity and whose temporary surrender Canada has requested for the purpose of prosecution or appeal.
Time limit	(2) The order must contain a provision that the person will not be detained in custody after
	(a) a date specified in the order;
	(b) in the case of surrender for a trial, 45 days after the completion of the trial; or
	(c) in the case of surrender for an appeal, 30 days after the completion of the proceedings for which the presence of the person was required.
Order of detention to prevail	(3) An order made under subsection (1) prevails over an order made by a Canadian court, a judge of a Canadian court, a Canadian justice of the peace or any other person who has power in Canada to compel the appearance of a person, in respect of anything that occurred before the person is transferred to Canada.
Variation of detention order	(4) The judge who made the detention order or another judge may vary its terms and conditions and, in particular, may extend the duration of the detention.
Return	(5) Subject to subsection (6), the person shall be returned to the requested State or entity on completion of the proceedings in Canada for which the person was temporarily surrendered or on the expiry of the period set out in the order, whichever is sooner.
Return if right of appeal	(6) The person shall not be returned to the requested State or entity
	(a) if the person has been convicted in Canada, before 30 days after the conviction, unless the person or the competent authority declares that there will be no appeal; and
	(b) if the person has been acquitted, before 30 days after the acquittal, unless the competent authority declares that there will be no appeal.
Return for appeal	(7) The court of appeal may, on application, recommend that the Minister request another temporary surrender of a person who has been returned to the requested State or entity after trial, if the court of appeal is satisfied that the interests of justice require their presence for the appeal.
Commence- ment of sentence or disposition	83. (1) Subject to subsection (3), the sentence or disposition of a person who has been temporarily surrendered and who has been convicted and sentenced in Canada, or in respect of whom a disposition has been made under the Young Offenders Act, does not commence until their final extradition to Canada.
Warrant of committal	(2) The warrant of committal issued under the Criminal Code in respect of the person must state that the person is to be committed to custody to serve the sentence or disposition immediately on their final extradition to Canada.
If concurrent sentences ordered	(3) The sentencing judge may order that the person's sentence, or the disposition under the Young Offenders Act, be executed concurrently with the sentence they are serving in the requested State or entity, in which case the warrant of committal or order of disposition shall state that the person is to be committed to custody under subsection (2) only for any portion of the sentence remaining at the time of their final extradition to Canada or that the young person's disposition is to begin only on their final extradition to Canada.

Bill C-40

Consent

Waiver of Extradition

Transit

PART 3

EXTRADITION TO CANADA