How does extradition from Canada work?
Canada extradites under the Extradition Act and its treaties. The process has two stages: a judicial phase where a superior court judge decides whether there is enough evidence to commit the person, and a ministerial phase where the Minister of Justice decides whether to order surrender. Both stages can be challenged on appeal and judicial review.
What is dual criminality?
Dual criminality means the conduct alleged must be a crime in both the requesting country and Canada, usually punishable by at least a year (or the term set by the treaty). If the conduct would not be an offence in Canada, extradition is generally barred. It is one of the core protections in extradition law.
Can Canada refuse to extradite its own citizens?
Canadian citizenship does not automatically bar extradition. Unlike some countries, Canada can and does extradite its own nationals. Citizenship may be one factor the Minister weighs, along with Charter rights and whether surrender would be unjust or oppressive, but it is not a standalone defence.
What defences exist to extradition?
Possible defences include failure of dual criminality, insufficient evidence at committal, the political-offence exception, risk of persecution or an unfair trial, passage of time, and arguments that surrender would violate the Charter or shock the conscience. An experienced extradition lawyer is essential.