PART 2
EXTRADITION FROM CANADA
RULES OF EVIDENCE
31.
Definition of “document”
For the purposes of sections 32 to 38, “document” means data recorded in any form, and includes photographs and copies of documents.
32.
Evidence
(1) Subject to subsection (2), evidence that would otherwise be admissible under Canadian law shall be admitted as evidence at an extradition hearing. The following shall also be admitted as evidence, even if it would not otherwise be admissible under Canadian law:
(a) the contents of the documents contained in the record of the case certified under subsection 33(3);
(b) the contents of the documents that are submitted in conformity with the terms of an extradition agreement; and
(c) evidence adduced by the person sought for extradition that is relevant to the tests set out in subsection 29(1) if the judge considers it reliable.
Exception — Canadian evidence
(2) Evidence gathered in Canada must satisfy the rules of evidence under Canadian law in order to be admitted.
33.
Record of the case
(1) The record of the case must include
(a) in the case of a person sought for the purpose of prosecution, a document summarizing the evidence available to the extradition partner for use in the prosecution; and
(b) in the case of a person sought for the imposition or enforcement of a sentence,
(i) a copy of the document that records the conviction of the person, and
(ii) a document describing the conduct for which the person was convicted.
33.
Other documents — record of the case
(2) A record of the case may include other relevant documents, including documents respecting the identification of the person sought for extradition.
33.
Certification of record of the case
(3) A record of the case may not be admitted unless
(a) in the case of a person sought for the purpose of prosecution, a judicial or prosecuting authority of the extradition partner certifies that the evidence summarized or contained in the record of the case is available for trial and
(i) is sufficient under the law of the extradition partner to justify prosecution, or
(ii) was gathered according to the law of the extradition partner; or
(b) in the case of a person sought for the imposition or enforcement of a sentence, a judicial, prosecuting or correctional authority of the extradition partner certifies that the documents in the record of the case are accurate.
33.
Authentication not required
(4) No authentication of documents is required unless a relevant extradition agreement provides otherwise.
33.
Record of the case and supplements
(5) For the purposes of this section, a record of the case includes any supplement added to it.
34.
Oath or solemn affirmation
A document is admissible whether or not it is solemnly affirmed or under oath.
35.
No proof of signature
A document purporting to have been signed by a judicial, prosecuting or correctional authority, or a public officer, of the extradition partner shall be admitted without proof of the signature or official character of the person appearing to have signed it.
36.
Translated documents
A translation of a document into one of Canada’s official languages shall be admitted without any further formality.
37.
Evidence of identity
The following are evidence that the person before the court is the person referred to in the order of arrest, the document that records the conviction or any other document that is presented to support the request:
(a) the fact that the name of the person before the court is similar to the name that is in the documents submitted by the extradition partner; and
(b) the fact that the physical characteristics of the person before the court are similar to those evidenced in a photograph, fingerprint or other description of the person.
JUDGE’S REPORT
38.
Report of the judge
(1) A judge who issues an order of committal of a person to await surrender shall transmit to the Minister the following documents:
(a) a copy of the order;
(b) a copy of the evidence adduced at the hearing that has not already been transmitted to the Minister; and
(c) any report that the judge thinks fit.
38.
Right to appeal
(2) When the judge orders the committal of a person, the judge shall inform the person that they will not be surrendered until after the expiry of 30 days and that the person has a right to appeal the order and to apply for judicial interim release.
Surrender
Surrender - procedures
EDIT.