Navigation Links
The Federal Prosecution Service DESKBOOK
[ Previous | Table of Contents | Next ]
Part VIII
INTERNATIONAL ASSISTANCE
Chapter 42
Table of Contents
42 EXTRADITION OF CANADIAN CITIZENS FOR ACTS WHICH COULD BE PROSECUTED IN CANADA
42.1 Introduction
This chapter sets out the policy on extraditing Canadian citizens for acts that could also be prosecuted in Canada.
Subsection 6(1) of the Charter of Rights and Freedoms provides that every citizen has the right to remain in Canada. However, extradition is viewed as a constitutionally acceptable limitation on this right, since crime could otherwise go unpunished. As a consequence, Canada can and does extradite its citizens.
Sometimes a request to extradite a person accused of crime concerns conduct which could be prosecuted in Canada. Such cases usually involve trans-border crime or crime with a substantial link with Canadian territory. One common example is a conspiracy where some planning and overt acts occur both on Canadian and foreign territory.
In United States of America v. Cotroni; United States of America v. El Zein1, the Supreme Court of Canada concluded that even if there is jurisdiction to prosecute in Canada, extradition of a Canadian citizen is not unconstitutional. However, extradition could become unconstitutional if Canadian authorities failed, before extraditing the person, to determine whether prosecution in Canada was a “realistic option
”.
42.2 Statement of Policy
The Minister of Justice may extradite a Canadian citizen accused of crime involving conduct that could be prosecuted in Canada as a criminal offence.
When deciding whether to prosecute an offence in Canada or to extradite the accused, the International Assistance Group (IAG) will consult with Crown counsel on behalf of the Government of Canada or, if the conduct may be prosecuted under the Criminal Code, with the provincial attorney general. The ultimate decision regarding prosecution always rests with the relevant attorney general. The following should be considered at an early stage to determine if prosecution in Canada is a realistic option:
- where the impact of the offence was felt or likely to have been felt;
- which jurisdiction has the greater interest in prosecuting the offence;
- which police force played the major role in the development of the case;
- which jurisdiction has laid charges;
- which jurisdiction has the most comprehensive case;
- which jurisdiction is ready to proceed to trial;
- where the evidence is located;
- whether the evidence is mobile;
- the number of accused involved and whether they can be tried in one place;
- in which jurisdiction most of the acts in furtherance of the crime were committed;
- the nationality and residence of the accused; and
- the severity of the sentence the accused is likely to receive in each jurisdiction.
The Minister's decision concerning extradition will be conveyed by the IAG to the requesting partner.
1 (1989), 48 C.C.C. (3d) 193.
[ Previous | Table of Contents | Next ]