Canada

Extradition Act 1999, c.18

PART 3

EXTRADITION TO CANADA


82.
Return
(5) Subject to subsection (6), the person shall be returned to the requested State or entity on completion of the proceedings in Canada for which the person was temporarily surrendered or on the expiry of the period set out in the order, whichever is sooner.


82.
Return if right of appeal
(6) The person shall not be returned to the requested State or entity

(a) if the person has been convicted in Canada, before 30 days after the conviction, unless the person or the competent authority declares that there will be no appeal; and

(b) if the person has been acquitted, before 30 days after the acquittal, unless the competent authority declares that there will be no appeal.


82.
Return for appeal

(7) The court of appeal may, on application, recommend that the Minister request another temporary surrender of a person who has been returned to the requested State or entity after trial, if the court of appeal is satisfied that the interests of justice require their presence for the appeal.
Commencement of sentence


83.

(1) Subject to subsection (3), the sentence or disposition of a person who has been temporarily surrendered and who has been convicted and sentenced, or found guilty and sentenced, in Canada, or in respect of whom a disposition has been made under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, does not commence until their final extradition to Canada.


83.
Warrant of committal

(2) The warrant of committal issued under the Criminal Code in respect of the person must state that the person is to be committed to custody to serve the sentence or disposition immediately on their final extradition to Canada.

Keywords

Extradition



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