'Contents of request for arrest and surrender - national law requirements' in document 'Canada: Extradition Act 1999'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 2

EXTRADITION FROM CANADA

AUTHORITY TO PROCEED

15. Contents of authority to proceed

(3) The authority to proceed must contain

(a) the name or description of the person whose extradition is sought;
(b) the name of the extradition partner; and
(c) the name of the offence or offences under Canadian law that correspond to the alleged conduct of the person or the conduct in respect of which the person was convicted, as long as one of the offences would be punishable in accordance with paragraph 3(1)(b).

PART 2

EXTRADITION FROM CANADA

ORDER OF SURRENDER


58. Contents of the surrender order

An order of surrender must

(a) contain the name of the person who is to be surrendered;
(b) describe the offence in respect of which the extradition is requested, the offence for which the committal was ordered or the conduct for which the person is to be surrendered;
(c) state the extradition partner to which the person is to be conveyed;
(d) direct the person who has custody of the person to be surrendered to deliver them into the custody of the person or a member of the class of persons referred to in paragraph (e);
(e) designate the person or class of persons authorized for the purposes of section 60;
(f) set out any assurances or conditions to which the surrender is subject;
(g) fix, in the case of postponement of surrender under section 64, the period of time at or before the expiry of which the person is to be surrendered; and
(h) fix, in the case of a temporary surrender under section 66,
(i) the period of time at or before the expiry of which the person to be surrendered must be returned to Canada, and
(ii) the period of time at or before the expiry of which final surrender shall take place.

RELEVANT ROME STATUTE PROVISIONS

Article 91
Contents of request for arrest and surrender
4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

ANALYSIS

This provision follows the ICC Statute.

 

The requirements of national law regarding the contents of a request for arrest and surrender under the Extradition Act 1999 mirror the Rome Statute requirements for contents of a request for arrest and surrender. The request must, however, refer to Canadian offences rather than crimes under the Rome Statute. Surrender orders issued by the minister must contain more information than is supplied in a request from the ICC, but that core information is included. In particular, the order must contain information regarding the execution of the surrender, which is entirely within the ambit of the national authority.