Extradition is a legal process where an individual in Canada is wanted for criminal prosecution in another country. That person may be arrested forced to stand trial in that country. The extradition process in Canada is governed by the Extradition Act. If you or a loved one is facing extradition it is important to have good representation to assist with a bail application and provide a robust defence. Sometimes an agreement with the foreign country can be successfully negotiated by our lawyers. Each case is different so call us today for a consultation. Here is an overview of how extradition works in Canada:

1. Extradition Request: The process begins when a foreign country requests the Canadian government to extradite a person back to the foreign country. The requesting country must have a reasonable basis to request extradition.

2. Arrest Warrant and Provisional Arrest: Upon receipt of a valid extradition request, Canadian authorities will issue an arrest warrant for the individual sought. 

3. Judicial Hearing: The extradition process involves a review by a Canadian judge who will examine the reasons for the request in order to determine if there is a legal basis for extradition. This hearing is called a "committal hearing". During this hearing, the judge examines the evidence presented by the requesting country to determine if it is sufficient to justify extradition. The person sought has the right to challenge the extradition on various grounds, including issues related to the evidence, the requesting country's legal system, or potential human rights concerns.

4. Minister of Justice Decision: After the committal hearing, the judge submits a report and recommendation to the Minister of Justice. The Minister reviews the case and considers factors such as the nature of the offence, the reliability of the evidence, and any potential human rights concerns.

5. Surrender Order: If the Minister approves the extradition, a surrender order is issued. This order authorizes the person's surrender to the requesting country. The person sought may be surrendered within a specified period.

6. Appeal: The person facing extradition has the right to appeal both committal judge's decision and the Minister's decision. Appeals may be made on various grounds, including legal errors during the extradition process.

7. Final Surrender: If all legal processes are exhausted, and if the appeal is unsuccessful, the person is surrendered to the requesting country. The actual surrender may involve coordination between Canadian and foreign authorities.