Spans in 'Canada: Extradition Act 1999' tagged with 'Rule of speciality'

'Rule of speciality' in document 'Canada: Extradition Act 1999'

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More information about the keyword 'Rule of speciality'
More information about the document 'Canada: Extradition Act 1999'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute
Analysis

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 2

EXTRADITION FROM CANADA

POWERS OF MINISTER

40. Powers of the Minister

(3) The Minister may seek any assurances that the Minister considers appropriate from the extradition partner, or may subject the surrender to any conditions that the Minister considers appropriate, including a condition that the person not be prosecuted, nor that a sentence be imposed on or enforced against the person, in respect of any offence or conduct other than that referred to in the order of surrender.

RELEVANT ROME STATUTE PROVISIONS

Article 101
Rule of speciality
1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.
2. The Court may request a waiver of the requirements of paragraph 1 from the State which surrendered the person to the Court and, if necessary, the Court shall provide additional information in accordance with article 91. States Parties shall have the authority to provide a waiver to the Court and should endeavour to do so.

ANALYSIS

This provision is wider than the ICC Statute.

The Extradition Act 1999 allows ministers to seek assurances that the rule of speciality will be observed, but does not make adherence to the a rule a mandatory condition of transfer. Therefore, it is open to the minister not to insist on the application of speciality by the ICC, depending on the circumstances that exist at the time. This is not dependant on a request by the ICC.