Spans in 'Canada: Extradition Act 1999' tagged with 'Unique provision

'Unique provision - cooperation' in document 'Canada: Extradition Act 1999'

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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

SPECIFIC AGREEMENTS

10. Specific agreements

(1) The Minister of Foreign Affairs may, with the agreement of the Minister, enter into a specific agreement with a State or entity for the purpose of giving effect to a request for extradition in a particular case.

ANALYSIS

This provision is wider than the ICC Statute.

Section 10 of the Extradition Act 1999 allows Canada to enter into agreements to surrender individuals where there is not a pre-existing international agreement. It does not require an agreement to be entered into in every conceivable situation, but may be useful when it is necessary to define the conditions upon which the transfer takes place. For example, such agreements may be used to waive speciality.