PART 2
EXTRADITION FROM CANADA
REMEDY
69. Remedy in case of delay
A judge of the superior court of the province in which the person is detained who has the power to grant a writ of habeas corpus, may, on application made by or on behalf of the person, and on proof that reasonable notice of the intention to make the application has been given to the Minister, order the person to be discharged out of custody unless sufficient cause is shown against the discharge if
(a) the Minister has not made an order of surrender under section 40
(i) before the expiry of the period referred to in subsection 40(1) and any additional period referred to in subsection 40(5), or
(ii) if a notice of postponement has been filed under paragraph 41(1)(b), before the expiry of 45 days after the date of the decision of the court of appeal referred to in paragraph 41(1)(c); or
(b) the person is not surrendered and conveyed to the extradition partner
(i) within 45 days after the order of surrender is made by the Minister under section 40, or
(ii) if an appeal or judicial review in respect of any matter arising under this Act, or an appeal from such an appeal or judicial review, is pending, within 45 days after the final decision of the court is made,
over and above, in any case referred to in subparagraph (i) or (ii), the time required to convey the person to the extradition partner.
Surrender
Release prior to surrender
Surrender - procedures
Compensation - ICC proceedings
EDIT.