PART 2

EXTRADITION FROM CANADA

AUTHORITY TO PROCEED

15. Minister's power to issue

(1) The Minister may, after receiving a request for extradition and being satisfied that the conditions set out in paragraph 3(1)(a) and subsection 3(3) are met in respect of one or more offences mentioned in the request, issue an authority to proceed that authorizes the Attorney General to seek, on behalf of the extradition partner, an order of a court for the committal of the person under section 29.

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

AUTHORITY TO PROCEED

15. Copy of authority to proceed

(4) A copy of an authority to proceed produced by a means of telecommunication that produces a writing has the same probative force as the original for the purposes of this Part.

PART 2

EXTRADITION FROM CANADA

ARREST OR SUMMONS FOLLOWING AUTHORITY TO PROCEED

16. Issuance of summons or warrant of arrest

(3) The judge to whom an application is made shall issue a summons to the person, or a warrant for the arrest of the person, in accordance with subsection 507(4) of the Criminal Code, with any modifications that the circumstances require.

PART 2

EXTRADITION FROM CANADA

ARREST OR SUMMONS FOLLOWING AUTHORITY TO PROCEED

16. Execution throughout Canada

(4) A warrant that is issued under this section may be executed, and a summons issued under this section may be served, anywhere in Canada without being endorsed.

PART 2

EXTRADITION FROM CANADA

ARREST OR SUMMONS FOLLOWING AUTHORITY TO PROCEED

16. Date of hearing - summons

(5) A summons that is issued under this section must

(a) set a date for the appearance of the person before a judge that is not later than 15 days after its issuance; and
(b) require the person to appear at a time and place stated in it for the purposes of the Identification of Criminals Act.

PART 2

EXTRADITION FROM CANADA

ARREST OR SUMMONS FOLLOWING AUTHORITY TO PROCEED

16. Effect of appearance

(6) A person appearing as required by subsection (5) is considered, for the purposes only of the Identification of Criminals Act, to be in lawful custody charged with an indictable offence.

PART 2

EXTRADITION FROM CANADA

APPEARANCE

19. Criminal Code

Part XVI of the Criminal Code applies, with any modifications that the circumstances require, in respect of a person arrested under section 13 or 16 or to whom a summons has been issued under section 16.

PART 2

EXTRADITION FROM CANADA

APPEARANCE

21. Date of hearing after authority to proceed issued

(2) If a person has been arrested or is a person to whom a summons has been issued under section 16, the judge before whom the person is brought shall set a date for the extradition hearing.

Article 59
Arrest proceedings in the custodial State
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.