PART 2

EXTRADITION FROM CANADA

FUNCTIONS OF THE MINISTER

7. Functions of the Minister

The Minister is responsible for the implementation of extradition agreements, the administration of this Act and dealing with requests for extradition made under them.

PART 2

EXTRADITION FROM CANADA

MINISTER’S POWER TO RECEIVE REQUESTS

11. Request to go to Minister

(1) A request by an extradition partner for the provisional arrest or extradition of a person shall be made to the Minister.

PART 2

EXTRADITION FROM CANADA

MINISTER’S POWER TO RECEIVE REQUESTS

11. Provisional arrest request to go to Minister

(2) A request by an extradition partner for the provisional arrest of a person may also be made to the Minister through Interpol.

PART 3

EXTRADITION TO CANADA


77. Definition of “competent authority”

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, chapter Y-1 of the Revised Statutes of Canada, 1985 — 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, chapter Y-1 of the Revised Statutes of Canada, 1985,
(i) the Minister of Public Safety and Emergency Preparedness, if the person would serve the sentence in a penitentiary, or
(ii) the appropriate provincial minister responsible for corrections, in any other case.
1999, c. 18, s. 77; 2002, c. 1, s. 191; 2005, c. 10, s. 34.

Article 87
Requests for cooperation: general provisions
1. (a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.

This provision follows the ICC Statute.

In accordance with the Rome Statute, the Authority who is responsible for dealing with the ICC is identified as the Minister of Justice. The responsible authority, when the request to extradite is made by Canada, is either the Federal or State Attorney-General in respect of proposed prosecutions or the Minister in charge of prisons at either the state or federal level, if the request for extradition is made in respect of an individual who has already been sentenced at the national level.