Canada Extradition Lawyer

Extradition is the process of transferring individuals accused or suspected of committing crimes from one country to another. If a person is believed to have committed a crime in another country, Canada can extradite them to the foreign country or another foreign jurisdiction to face punishment for criminal offence based on bilateral or international agreements. Our lawyers understand the gravity of the extradition process and the impact it can have on an individual’s life. Therefore, our solicitors are prepared to provide comprehensive support and legal assistance throughout the extradition process.

Canada’s Legislation and Interpol Red Notices

Canada is one of the 195 member states of Interpol, participating in international investigations and the search for criminals. In doing this conduct in respect to legislation, Canada adheres to the constitutional protection of individuals.

• Legal representation;
• Presumption of innocence;
• The ability to challenge extradition/deportation requests.

The National Central Bureau of Canada serves as the liaison specialist in criminal law, between local authorities and Interpol. The NCB provides law enforcement agencies with access to global criminal databases. Structurally, the NCB is part of the International Police Division of the Royal Canadian Mounted Police. Its staff includes police officers from a wide range of other national and international stories and law enforcement bodies, as well as civilian and public servants.

An Interpol Red Notice is a request to law enforcement agencies worldwide for the location and provisional arrest of an individual pending extradition proceedings or similar lawful actions. These notices are issued by the Interpol General Secretariat at the request of a member country requesting jurisdiction, and are circulated among all member states of the organisation.

The procedure for interacting with foreign authorities to negotiate a Red Notice in Canada is as follows:

1. Canadian law enforcement agencies receive a red notice through the National Central Bureau of Interpol in Ottawa.
2. Checking the notification for compliance with Canadian legislation and international provisions.
3. Based on the evidence presented, the court issues a Canadian arrest warrant for the detention of the individual. It is also possible for the person to be temporarily detained until an official extradition request is received.
4. The legal proceedings will involve the examination of all the grounds presented for extradition. The accused has the right to legal assistance, to present evidence, and to appeal decisions.
5. The final decision on extradition is made by the Canadian Minister of Justice.

Challenging a Red Notice in Canada

A Red Notice in itself is not an international arrest warrant. However, it can have a significant negative impact on a person’s life, including potentially criminal charges and restricting their freedom of movement.

Contesting a red notice in Canada can be based on several legal and procedural aspects:

• There are grounds to believe that in the requesting country, the individual may be subjected to torture, cruel treatment, or an unfair trial.
• The accusations are motivated by political reasons, or the person’s ethnic, religious, or racial background.
• The act for which the individual is accused does not constitute a crime in Canada.
• The materials presented do not contain sufficient evidence to justify extradition.
• Red Notice was issued in violation of Interpol’s rules.

Procedure for Removing a Red Notice in Canada:

• The individual or their Canada extradition lawyer submits a request to the CCF asking for the removal or suspension of the red notice.
• Conducting a court hearing in Canada, during which a lawyer will present arguments against extradition based on the aforementioned grounds.
• If the decision of the court of first instance is unfavourable, it can be appealed in higher courts, up to and including the Supreme Court of Canada.
• Following the court’s decision, the final decision is made by the Justice Minister, to whom additional arguments can be presented.

Contesting a red notice and defend an extradition request is a complex legal process that requires a deep understanding of both international and Canadian extradition law and procedure. A professional extradition lawyers Toronto can help analyse all the relevant circumstances and grounds for contesting the notice, develop a defence strategy, prepare the necessary documents for court, and submit an inquiry to the CCF.

Lawyers at Interpol Law Firm are ready to provide you with expert assistance in contesting a red notice and to protect your interests at all stages of the extradition process.

Extradition Law in Canada will only extradite a person ordered extradited

In Canada, extradition hearing on this issue is governed by the Extradition Act of 1999. The Act regulates:

• Extradition procedures in response to requests from foreign states;
• Conditions and grounds for extradition;
• Rights and guarantees for individuals subject to extradition.

The Criminal Code contains provisions relating to the arrest and detention of individuals suspected of committing crimes. The Canadian Charter of Rights and Freedoms guarantees the fundamental rights and freedoms of all individuals within the country, including the right to a fair trial, protection against arbitrary detention, and other procedural safeguards.

Canada has extradition treaties with more than 50 countries and is a participant in multilateral conventions, including:

• European Convention on Extradition
• UN Convention against Transnational Organised Crime;
• Convention on the Suppression of the Financing of Terrorism.

Within the Commonwealth of Nations, simplified extradition procedures are in place. Canadian law includes special provisions for extradition partner Commonwealth countries, facilitating the exchange of legal information and expediting the extradition hearing processes.

Extradition Procedure in Canada

A foreign state submits an official request for extradition to Canada through diplomatic channels. The full request for extradition must include:

• Description of the crime;
• The legal qualification of the act;
• Evidence proving a person’s guilt;
• Guarantees of human rights observance.

The Canadian Minister of Justice is considering a request and deciding whether to issue an arrest warrant to surrender a person sought for extradition. In doing so, the minister of justice evaluates whether the request meets legal requirements, the presence of dual criminality, and possible grounds for refusal.

After the issuance of an arrest warrant, the individual is detained and appears before extradition judge of the provincial court. The minister of justice superior court of justice then conducts an extradition hearing to call the extradition lawyers so as to determine whether there is sufficient evidence for the person sought for extradition and conduct in respect of whether the procedure complies with human rights and freedoms.

An individual has the right to appeal court and ministerial decisions in the Court of Appeal and the Supreme Court of Canada.

Countries with no Extradition Treaty with Canada

Extradition treaties establish clear conditions for extradition, for criminal prosecution, simplify legal procedures, and reduce bureaucratic barriers. Canada has extradition treaties with more than 50 countries. However, such agreements are not in place with every foreign jurisdiction except the following states:

1. India: Relations between Canada and India are tense against a backdrop of human rights issues, corruption, and politically motivated accusations, complicating the conclusion of extradition treaties.
2. USA: There is close cooperation between Canada and the USA on matters of law enforcement, but there is no official extradition treaty. However, there is an agreement in place for extradition based on mutual cooperation between the two countries.
3. Costa Rica has no extradition to Canada due to differences in legal systems and human rights protection standards.
4. Poland: The legal systems of Poland and Canada differ significantly, hence there is no Canada -Poland extradition treaty.
5. UAE: Canada avoids entering into extradition treaties with Dubai and other countries where there are serious concerns about human rights and the use of the death penalty.
6. Mexico: Differences in legal systems and a high level of corruption are the main reasons for the lack of a formal agreement between Canada and Mexico.
7. Philippines: The Philippines’ reputation regarding human rights issues, including extrajudicial killings, hinders the conclusion of an agreement.

Canada also does not have extradition agreements with the following countries: China, Russia, Saudi Arabia, Iran, North Korea, Mongolia, Afghanistan, Vietnam, Algeria, Cuba, Kazakhstan, Qatar, Belarus, Syria, Yemen, Libya, Somalia, Armenia, Uzbekistan, and Laos.

How can an Extradition Lawyer in Toronto help?

Our legal firm specialises in extradition and international law matters. Our solicitors possess profound and extensive knowledge of extradition and criminal law and extensive experience in this field. We offer the following services:

• Initial assessment of the case, examination of the grounds for extradition, and review of the evidence presented;
• Legal advice regarding possible outcomes.
• Checking the legality of the request and its compliance with legislation;
• Development of a defence strategy;
• Representation at all stages of legal proceedings;
• Preparing and submitting appeals to higher judicial authorities;
• Cooperation with solicitors in the requesting country. Among our partners are Strangway & Hennig and other international firms.

Please get in touch with us for consultation and to develop a defence strategy. We are ready to assist and ensure the best possible outcome for your case.

Extradition to Canada

An extradition lawyer in Toronto assists clients who are facing criminal proceedings and the threat of being extradited to Canada and from Canada. The solicitor will review whether the extradition request complies with Canadian laws and international agreements, and assess its legality.

A solicitor informs the client of questions about extradition law, their rights and the consequences of initiating an extradition request to Canada. A qualified Toronto extradition lawyer will ensure the protection of clients’ interests affected by extradition to Canada, guaranteeing the observance of rights and a fair judicial process to solve their clients’ extradition proceedings,.

Remember that you have the right to an extradition bail hearing and to appeal an authority to proceed extradition request. Our team of experienced solicitors meticulously prepares clients for extradition bail hearing, sessions, and investigations, ensuring qualified representation at every stage. Furthermore, thanks to close cooperation with lawyers in many foreign countries, the defence process can begin even before the official, pending the first initiating an authority to proceed extradition request pending the extradition hearing procedure.

Extradition Lawyers in Canada

At Interpol Law Firm we offer a comprehensive range of services for client protection in the knowledge of extradition law, cases and a well certified specialist in criminal number of criminal law related areas. Additionally, our team of Interpol lawyers provides services for the removal of Interpol red notices and international arrest warrants.

If you require assistance with extradition matters in Canada investigation abroad, please contact us right away! We are ready to defend your rights and provide full legal support.