Spans in 'Canada: Extradition Act 1999' tagged with 'Consent to surrender'

'Consent to surrender' in document 'Canada: Extradition Act 1999'

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More information about the keyword 'Consent to surrender'
More information about the document 'Canada: Extradition Act 1999'
The relevant provisions of implementing legislation: [1] [2] [3] [4] [5] [6] [7]
The Relevant Provisions of the Rome Statute
Analysis

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART 2

EXTRADITION FROM CANADA

ORDER OF SURRENDER

62. Waiver of period of time

(2) The person may waive the period referred to in paragraph (1)(a) if they do so in writing.

PART 2

EXTRADITION FROM CANADA

CONSENT

70. Consent to committal

(1) A person may, at any time after the issuance of an authority to proceed, consent, in writing and before a judge, to committal.

PART 2

EXTRADITION FROM CANADA

CONSENT

70. Judge to order committal

(2) A judge before whom a person consents under subsection (1) shall

(a) order the committal of the person into custody to await surrender to the extradition partner; and
(b) transmit a copy of the consent to the Minister.

PART 2

EXTRADITION FROM CANADA

CONSENT

71. Consent to surrender

(1) A person may, at any time after arrest or appearance, consent, in writing and before a judge, to being surrendered.

PART 2

EXTRADITION FROM CANADA

CONSENT

71. Judge to order surrender

(2) A judge before whom a person consents to being surrendered shall

(a) order the committal of the person into custody to await surrender to the extradition partner; and
(b) transmit a copy of the consent to the Minister.

PART 2

EXTRADITION FROM CANADA

CONSENT

71. When Minister receives consent

(3) The Minister may, as soon as is feasible after receiving a consent to surrender, personally order that the person be surrendered to the extradition partner.

PART 2

EXTRADITION FROM CANADA

CONSENT

71. Sections not applicable

(4) When a person consents to being surrendered to the extradition partner, the following sections do not apply:

(a) section 43 (submissions to the Minister);
(b) section 44 (reasons for refusal);
(c) section 48 (discharge of person);
(d) section 57 (judicial review of Minister’s decision); and
(e) paragraph 62(1)(a) (delay before surrender).

ANALYSIS

This provision is wider than the ICC Statute.

Under the Extradition Act 1999, the accused may waive their right to any further appeals and consent to transfer to the ICC. The Rome Statute only contemplates consent to surrender in matters of provisional arrest. The Extradition Act is wider in that it allows consensual surrender in all cases, deformalising the complex national procedure. Such consent must be in writing.