What follows is a brief summary of the law. While it is not, and should not be relied upon as legal advice, it may assist you with some of the questions you might have. As always, consult a criminal lawyer should you need criminal advice.
In a nutshell, if another country is seeking to bring an individual in Canada to their country for prosecution for some offence, that country is trying to “extradite” that individual. The process commences when Canada receives evidence from another country that the individual has committed an offence in that country that would have been a crime if it was committed in Canada and could have been punishable by a term of incarceration of two or more years (generally). At this point, the Minister of Justice issues an arrest warrant and the individual is entitled to have a bail hearing. Subsequent to this, is the extradition hearing which will occur at the Superior Court of Justice. Some, but not all, of the rights under the Charter of Rights and Freedoms apply at this hearing. The purpose of the extradition hearing is to determine whether the evidence establishes a prima facie case that the crime in question has been committed: the Minister of Justice does not have to “prove” the case beyond a reasonable doubt. The Judge, after hearing the evidence must discharge the person or order the person’s committal to the Minister of Justice and there of course, an appeal route. Following this, the individual can state their case before the Minister of Justice who may have discretion to discharge (not extradite) the individual. Some factors include:
surrender would be unjust or oppressive;
the request for extradition is made for the purpose of prosecuting or punishing the person by reason of their race, religion, nationality, ethnic origin, or other factors;
the requesting country has as its punishment for this offence, the death penalty;
vAgain, the foregoing is only a summary. It is not legal advice and should not be relied upon as such. For a (416) 658-5855.
Client arrested in Canada. The United States of America sought extradition of him for racketeering and human trafficking.
Brian Ross is professional, straightforward, and honest. After we reviewed my case I didn't have high hopes for a positive outcome because there really wasn't much for him to work with. However, come court date, charges were withdrawn!! It had all happened so fast. I am so grateful for Brian Ross and his team. He didn't give up on my case and he definitely made lemonade out of like a 1/4 of a lemon. I would 100% use their services again - hopefully I won't have too.Kate Rice
Money well spent! With all the issues with my case Brian gave me hope. I would definitely recommend spending the cash to hire Brian as he is an amazing lawyer. Watching him work I knew I had great chances. I feel like I have a new lease of life now with this behind me. All charges dropped which I could not imagine. Thank you to you and your team on helping me with this. Best lawyer in the city!!!Jan Lane
I had a great experience hiring Brian for my case. From the beginning he was very direct and honest. He was confident in his prediction and his prediction was correct. Brian did an incredible job. He is highly knowledgeable in his field. He was thorough and very well experienced. I do highly recommend Brian!!Anita Wong
As a young professional, the weight of a conviction was staggering, and would have greatly affected my ability to work in my chosen profession. Hiring Mr. Ross was the best way to guarantee against such effects. Throughout, Brian was present, helpful, positive, and supportive; hard-working and diligent. It was truly a pleasure to work with him, and a relief to get the call that Mr. Ross had accomplished what he initially set out to do. Consider this a sincere “Thank You” and commendation.Kylie S
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