PART 2
EXTRADITION FROM CANADA
APPEAL
49.
Appeal
A person may appeal against an order of committal — or the Attorney General, on behalf of the extradition partner, may appeal the discharge of the person or a stay of proceedings — to the court of appeal of the province in which the order of committal, the order discharging the person or the order staying the proceedings was made,
(a) on a ground of appeal that involves a question of law alone;
(b) on a ground of appeal that involves a question of fact or a question of mixed law and fact, with leave of the court of appeal or a judge of the court of appeal; or
(c) on a ground of appeal not set out in paragraph (a) or (b) that appears to the court of appeal to be a sufficient ground of appeal, with leave of the court of appeal.
50.
Notice of appeal
(1) An appellant who proposes to appeal to a court of appeal or to obtain the leave of that court to appeal must give notice of appeal or notice of the application for leave to appeal not later than 30 days after the decision of the judge with respect to the committal or discharge of the person, or the stay of proceedings, as the case may be, in any manner that may be directed by the rules of court.
50.
Extension of time
(2) The court of appeal or a judge of the court of appeal may, either before or after the expiry of the 30 days referred to in subsection (1), extend the time within which notice of appeal or notice of an application for leave to appeal may be given.
51.
Hearing of appeal
(1) An appeal under this Act shall be scheduled for hearing by the court of appeal at an early date whether that date is in or out of the prescribed sessions of that court.
51.
Deferral of appeal
(2) The hearing of an appeal against an order of committal may be deferred by the court of appeal until the Minister makes a decision in respect of the surrender of the person under section 40.
52.
Provisions of the Criminal Code to apply
(1) Sections 677, 678.1, 682 to 685 and 688 of the Criminal Code apply, with any modifications that the circumstances require, to appeals under this Act.
52.
Rules
(2) Unless inconsistent with the provisions of this Act, rules made by the court of appeal under section 482 of the Criminal Code in relation to appeals to that court under that Act apply, with any modifications that the circumstances require, to appeals under this Act.
53.
Powers of the court of appeal
On the hearing of an appeal against an order of committal of a person, the court of appeal may
(a) allow the appeal, in respect of any offence in respect of which the person has been committed, if it is of the opinion
(i) that the order of committal should be set aside on the ground that it is unreasonable or cannot be supported by the evidence,
(ii) that the order of committal should be set aside on the ground of a wrong decision on a question of law, or
(iii) that, on any ground, there was a miscarriage of justice; or
(b) dismiss the appeal
(i) if it does not allow the appeal on any ground referred to in paragraph (a), or
(ii) even though the court of appeal is of the opinion that on the ground referred to in subparagraph (a)(ii) the appeal may be decided in favour of the appellant, if it is of the opinion that no substantial wrong or miscarriage of justice has occurred and the order of committal should be upheld.
54.
Effect of allowing appeal
If the court of appeal allows an appeal under paragraph 53(a), it shall
(a) set aside the order of committal and
(i) discharge the person, or
(ii) order a new extradition hearing; or
(b) amend the order of committal to exclude an offence in respect of which the court is of the opinion that the person has not been properly committed on a ground referred to in subparagraph 53(a)(i), (ii) or (iii).
55.
Powers
(1) On the hearing of an appeal against the discharge of a person or against a stay of proceedings, the court of appeal may
(a) allow the appeal and set aside the order of discharge or stay, if it is of the opinion
(i) that the order of discharge should be set aside on the ground that it is unreasonable or cannot be supported by the evidence,
(ii) that the order of discharge or the stay of proceedings should be set aside on the ground of a wrong decision on a question of law, or
(iii) that, on any ground, there was a miscarriage of justice; or
(b) dismiss the appeal.
55.
Order for new extradition hearing or committal
(2) The court of appeal may, if it sets aside a stay of proceedings, order a new extradition hearing. The court of appeal may, if it sets aside an order of discharge, order a new extradition hearing or order the committal of the person.
56.
Deferral of Supreme Court appeal
(1) The Supreme Court may defer, until the Minister makes a decision with respect to the surrender of the person under section 40, the hearing of an application for leave to appeal, or the hearing of an appeal, from a decision of the court of appeal on an appeal taken under section 49, or on any other appeal in respect of a matter arising under this Act.
56.
Deferral of Supreme Court appeal
(2) The Supreme Court may also, if an application for judicial review is made under section 57 or otherwise, defer the hearing until the court of appeal makes its determination on the application.
Surrender
Surrender - procedures
EDIT.