PART 2

EXTRADITION FROM CANADA

TEMPORARY SURRENDER


66. Temporary surrender

(1) The Minister may order the temporary surrender to an extradition partner of a person who is ordered committed under section 29 while serving a term of imprisonment in Canada so that the extradition partner may prosecute the person or to ensure the person’s presence in respect of appeal proceedings that affect the person, on condition that the extradition partner give the assurances referred to in subsections (3) and (4).

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(f) The temporary transfer of persons as provided in paragraph 7

7. (a) The Court may request the temporary transfer of a person in custody for purposes
of identification or for obtaining testimony or other assistance. The person may be transferred if
the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that
State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the
transfer have been fulfilled, the Court shall return the person without delay to the requested State.

This provision is narrower than the ICC Statute.

Temporary transfer under the Extradition Act 1999 does not operate in all the ways contemplated by the Rome Statute. Canada may transfer an individual in cases where the ICC wishes to prosecute that peron or where an appeal involving them is taking place. However, the detailed national procedure does not contemplate temporary surrender for the purposes of giving evidence or identification. The national procedure does not require consent from the individual, in contrast to Article 93(7) of the Rome Statute.