Extradition is one of the most specialized areas of the criminal law, in part because it blends several areas of law including criminal law, international law, the conflict of laws, and administrative law. The law of extradition is further complicated because of the many different extradition partners and extradition treaties Canada has, with both civil and common law jurisdictions. At Liberty Law, our Experienced Edmonton Extradition lawyers have handled many serious and high-profile extradition matters from a number of Requesting States (although, because of the border we share, the overwhelming majority of extradition cases in Canada are with the United States).
The extradition process begins when an extradition partner, known as the “Requesting State,” asks the Minister of Justice and Attorney General of Canada to surrender an individual to them for the purpose of prosecuting them for a criminal offence in that foreign jurisdiction. The principle of “dual criminality” requires that the offence the Requesting State wants to prosecute the person for, also be a Criminal Offence in Canada. If the offence for which the Requesting State is seeking to prosecute the individual is also a Canadian Criminal offence, and if the offence meets a number of other pre-conditions, the Minister of Justice and Attorney General of Canada will issue an Authority to Proceed (ATP) which “authorizes the Attorney General to seek, on behalf of the extradition partner, an order of the court for the committal of the person.” In essence, this document gives the authorities the power to proceed with extradition proceedings against you. From there, you can be arrested and a bail hearing can be held. It is important that you seek out an experienced extradition lawyer as soon as possible to maximize your chances of getting bail while you wait for your extradition hearing.
At the extradition hearing, the Attorney General will put the evidence available to the Requesting State before the Court in a document known as the Record of the Case (ROC). If the ROC is found to be admissible, and if it establishes some evidence on each element of the offence specified in the ATP then, subject to a few arguments, you will be committed for surrender. Once committed for surrender, the Minister of Justice decides whether you will actually be turned over to the Requesting State.
Like Canadian criminal proceedings, you have the right to a lawyer at each stage of your extradition proceedings, including for bail, at the extradition hearing before a judge, and before the Minister of Justice. Additionally, you have the right to appeal both the decision of the Extradition Judge and the Minister of Justice to the Alberta Court of Appeal. While extradition proceedings are notoriously difficult to win, there are a number of arguments that can be made on your behalf at each stage of the proceedings.
At Liberty Law, we have a number of experienced extradition lawyers that have handled numerous high-profile extradition cases, from several different jurisdictions. Additionally, we have contacts with legal experts in several foreign jurisdictions, whose evidence is often required in extradition proceedings. If you have been arrested on an extradition warrant, served an ATP or believe that an extradition warrant may have been issued for you, it is important that you get an experienced Edmonton extradition lawyer on your side. To find out which lawyer is right for you, contact us for your free 30-minute consultation now at 1-877-547-6006.
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