Bill C-40
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Consent |
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Consent to
committal
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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.
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Judge to order
committal
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(2) A judge before whom a person consents
under subsection (1) shall
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Consent to
surrender
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71. (1) A person may, at any time after arrest
or appearance, consent, in writing and before
a judge, to being surrendered.
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Judge to order
surrender
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(2) A judge before whom a person consents
to being surrendered shall
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When
Minister
receives
consent
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(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.
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Sections not
applicable
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(4) When a person consents to being
surrendered to the extradition partner, the
following sections do not apply:
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Waiver of Extradition |
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Waiving
extradition
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72. (1) A person may, at any time after arrest
or appearance, waive extradition in writing
and before a judge.
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Judge to
inform person
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(2) A judge before whom a person gives a
waiver under subsection (1) must inform the
person
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Judge to order
conveyance
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(3) The judge shall
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Conveyance
order
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(4) The conveyance order must
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Escape
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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.
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Arrest
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(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.
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Transit |
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Transit
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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.
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Consent to
transit
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(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.
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Sections to
apply
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(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.
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Special
authorization
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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.
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Variation of
authorization
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(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.
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Non- compliance with conditions of authorization
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(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.
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Unscheduled
landing
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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.
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PART 3 |
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EXTRADITION TO CANADA |
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Definition of
``compe- tent authority''
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77. In this Part, ``competent authority''
means
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Request by
Canada for
extradition
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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.
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Request for
provisional
arrest
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(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.
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Order in
respect of
evidence
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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
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Part XXII of
the Criminal
Code to apply
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(2) Part XXII of the Criminal Code applies,
with any modifications that the circumstances
require, to orders under subsection (1).
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Specialty if
person is in
Canada
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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,
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Conveyance
of surrendered
person
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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.
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Power to
convey
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(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).
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Escape
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(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.
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Arrest
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(4) If the person escapes, the authorized
agent of the requested State or entity has the
power to arrest them in fresh pursuit.
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Order of
detention for
temporary
surrender
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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.
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Time limit
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(2) The order must contain a provision that
the person will not be detained in custody after
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Order of
detention to
prevail
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(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.
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Variation of
detention
order
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(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.
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Return
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(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.
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Return if right
of appeal
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(6) The person shall not be returned to the
requested State or entity
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Return for
appeal
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(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.
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Commence- ment of sentence or disposition
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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.
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Warrant of
committal
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(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.
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If concurrent
sentences
ordered
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(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.
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