Canada

Extradition Act 1999, c.18

PART 3

EXTRADITION TO CANADA


82.
Order of detention for temporary surrender

(1) Subject to subsection (2), a judge shall, on application of the competent authority made at any time before the temporary surrender, order the detention in custody of a person who is serving a term of imprisonment or has otherwise lawfully been deprived of their liberty in a requested State or entity and whose temporary surrender Canada has requested for the purpose of prosecution or appeal.


82.
Time limit

(2) The order must contain a provision that the person will not be detained in custody after

(a) a date specified in the order;
(b) in the case of surrender for a trial, 45 days after the completion of the trial; or
(c) in the case of surrender for an appeal, 30 days after the completion of the proceedings for which the presence of the person was required.


82.
Order of detention to prevail

(3) An order made under subsection (1) prevails over an order made by a Canadian court, a judge of a Canadian court, a Canadian justice of the peace or any other person who has power in Canada to compel the appearance of a person, in respect of anything that occurred before the person is transferred to Canada.


82.
Variation of detention order

(4) The judge who made the detention order or another judge may vary its terms and conditions and, in particular, may extend the duration of the detention.

Keywords

Extradition



EDIT.