PART 2

EXTRADITION FROM CANADA

APPEARANCE

17. Appearance before justice

(2) The justice before whom a person is brought under subsection (1) shall order that the person be detained in custody and brought before a judge.

PART 2

EXTRADITION FROM CANADA

APPEARANCE

18. Decision of judge

(1) The judge before whom a person is brought following arrest under section 13 or 16 shall

(a) if the person has been arrested on the request of the International Criminal Court, order the detention in custody of the person unless
(i) the person shows cause, in accordance with subsection 522(2) of the Criminal Code, that their detention in custody is not justified, and
(ii) the judge is satisfied that, given the gravity of the alleged offence, there are urgent and exceptional circumstances that justify release — with or without conditions — and that the person will appear as required; or
(b) in any other case, order the release, with or without conditions, or detention in custody of the person.

PART 2

EXTRADITION FROM CANADA

EXTRADITION HEARING

29. Order of committal

(1) A judge shall order the committal of the person into custody to await surrender if

(a) in the case of a person sought for prosecution, there is evidence admissible under this Act of conduct that, had it occurred in Canada, would justify committal for trial in Canada on the offence set out in the authority to proceed and the judge is satisfied that the person is the person sought by the extradition partner; and
(b) in the case of a person sought for the imposition or enforcement of a sentence, the judge is satisfied that the conviction was in respect of conduct that corresponds to the offence set out in the authority to proceed and that the person is the person who was convicted.

PART 2

EXTRADITION FROM CANADA

EXTRADITION HEARING

29. Order of committal

(2) The order of committal must contain

(a) the name of the person;
(b) the offence set out in the authority to proceed for which the committal is ordered;
(c) the place at which the person is to be held in custody; and
(d) the name of the extradition partner.

PART 2

EXTRADITION FROM CANADA

EXTRADITION HEARING

30. Authority to keep person in custody

(1) The order of committal constitutes the authority to keep the person in custody, subject to an order of judicial interim release.

PART 2

EXTRADITION FROM CANADA

ORDER OF SURRENDER

60. Power to convey

On the execution of a surrender order, the person or persons designated under paragraph 58(e) shall have the authority to receive, hold in custody and convey the person into the territory over which the extradition partner has jurisdiction.

This provision follows the ICC Statute.

 

The Extradition Act 1999 provides the Canadian courts with authority to order the detention of an individual pending surrender if double criminality is satisfied, the evidence presented is sufficient to ensure that the case would be committed for trial in Canada and the identity of the accused is established. A surrender order must contain information including a place of detention prior to surrender. This makes clear that once a surrender order has been issued that they shall be detained.