for those who want to know the facts of extradition, here is a document
solicited from the Chris Girouard, Dept. of Justice, Canada. CGirouard@justice.gc.ca
Fact Sheet
Canada’s extradition Process
Request from the United States
PROVISIONAL ARREST
The United States may make a request for the provisional arrest for a person who is wanted to stand trial for the extradition of sentence or the enforcement of a sentence already imposed upon the person. Extradition can only be granted for conduct which constitutes an offence punishable by the laws of Canada and which is punishable in both countries by a term of imprisonment exceeding one year.
Upon arrest, the person will be brought before a judge. This person is entitled to a bail hearing.
The United States has 60 days from the date of provisional arrest to provide Canada with its formal request for extradition and supporting documents.
Counsel with the International Assistance Group, on behalf of the Minister of Justice, must determine within 30 days after the deadline for the receipt of the request and supporting documents, whether an Authority to proceed will be issued.
The Authority to proceed authorizes an extradition hearing to be held to consider whether the arrested person should be committed for extradition.
Counsels with the Federal Prosecution Service have carriage of cases on behalf of the United States. They initiate and conduct proceedings before a judge of the court of jurisdiction to seek an order of committal for extradition.
(IF SOUGHT TO STAND TRIAL)
At the extradition hearing, the judge determines if the evidence provided by the United States is such that the person would be committed for trial in Canada if the conduct had occurred in this country.
(IF SOUGHT FOR THE IMPOSITION OR ENFORCEMENT OF SENTENCE)
At the extradition hearing, the judge determines if the conviction was in respect of conduct that would be punishable in Canada.
If the presiding judge is satisfied with the evidence, he or she will order the person detained or dictate bail conditions pending the decision of the Minister of Justice on surrender. Otherwise, the person is discharged and released.
The judicial phase of the extradition process is a determination only that the evidence is sufficient to warrant that the person be extradited. It is not a trial. If the person is wanted for prosecution, a trial will take place in the United States, if surrender is ordered.
HERE IS WHERE WE ARE NOW IN THE SCHEME OF THINGS
JOHN GRAHAM is now awaiting an appeal hearing.
The date has NOT been set yet.
His case has NOT GONE to the Minister of Justice, back east, for a final decision.
According to Girouard, the Minister Justice HAS NOT ruled on the case of John Graham, yet.
John Graham will have a hearing in
Vancouver which appeals the constitutional legality of this entire extradtion process.
AFTER his appeal his case goes to Minister of Justice.
Here are the rest of the procedures:
(from the original document sent by GIrourard)
The Minister of Justice makes the ultimate decision with respect to whether the person will be surrendered to the United States.
At this phase of the process, commonly referred to as the executive or ministerial phase, the Minister will receive submissions from the person committed for extradition or counsel with respect to why he or she should not be surrendered, or concerning any conditions that should be attached to that surrender.
The person may appeal the decision of the extradition judge and/or apply for judicial review of the Minister’s decision to a Court of appeal.
If the appellate court upholds the decision of the judge and the Minister, the person may seek leave to appeal either or both decisions to the Supreme Court of Canada.
The above does not take into account the possibility for any person to waive all or part of the extradition process.
October 2001