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Extradition Exceptions: How Can Extradition Be Challenged in Canada?

Graham Zoppi & Hillson

October 13, 2023
Extradition Lawyer in Toronto

What happens when a Canadian citizen is accused of a crime in another country? The extradition process requires Canada to deport the defendants to the country where the crime took place. However, certain instances may leave defendants a loophole.

When and how can extradition be challenged in Canada? Find out in the guide below.

How Does Extradition Work?

Extradition is a legal process between two countries. If a foreign authority accuses an individual in Canada of committing a crime in another country, they can request that the Canadian government extradite that person to them for trial and or sentencing. For example, a Canadian resident accused of a crime in the United States may be sent across the border to face the American courts, and vice versa.

The Three Phases of Extradition

The phases involved in Canadian extradition are as follows:

  • Authority to Proceed: Officials from the Department of Justice make a decision to commence the proceedings, issuing an Authority to Proceed.
  • Judicial phase: Hearing before a judge of the Superior Court.
  • Ministerial phase: The Minister of Justice decides under the Extradition Act whether to surrender the individual.

Challenging Extradition: Is It Possible?

Successfully challenging extradition isn’t easy, but it’s certainly possible under specific circumstances. For example, you may be able to prove that extradition would be unjust or oppressive, that you may be subject to inhumane Charter infringing treatment if you are extradited, or that Canada does not recognize the foreign criminal offence in Canadian law.

How can extradition be challenged in Canada if it’s already in play? Find out by contacting The Law Office of Graham Zoppi, a criminal lawyer in Toronto, at 905-755-9595.