Canadian Extradition Law Practice, 5th Edition
As one of Canada's leading experts in the field of extradition law, Dr. Gary Botting provides cumulative knowledge, valuable insights and strategic advice that make this the most comprehensive resource available on current extradition law.
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As one of Canada's leading experts in the field of extradition law, Dr. Gary Botting provides cumulative knowledge, valuable insights and strategic advice that make this the most comprehensive resource available on current extradition law. A quick cross-reference tool for lawyers and judges alike, it will also appeal to government officials charged with the responsibility of advancing extradition applications both in Canada and in requesting countries.
This book provides a solid understanding of extradition law in Canada with reference to every significant extradition case considered by courts of appeal or the Supreme Court of Canada since the current Extradition Act became law. Helpful information includes a fully annotated Extradition Act, all extant bilateral extradition treaties in their entirety, and an overview of the law and procedure of extradition with clear, easy-to-follow cross-references. The book includes the Mutual Legal Assistance in Criminal Matters Act, and relevant sections of the Criminal Code, the Immigration and Refugee Protection Act and multilateral international treaties.
For each section of the Act, you'll find:
- Commentary - study the section's meaning in plain language
- Practice notes - take note of common pitfalls and gain from expert advice
- Case law - save time on legal research Cross-references - link related sections of the Act and other legislation
- Treaties - link bilateral and multilateral treaties to sections of the Act
- Former acts - compare current legislation to repealed legislation
- Selected provisions of the Rome Statue and other multilateral treaties related to extradition
- 51 bilateral treaties, including the Consolidated Canada-U.S. Extradition Treaty
- The extradition provisions of the Jay Treaty (1794) and Ashburton-Webster Treaty (1842)
- The Mutual Legal Assistance in Criminal Matters Act in its entirety
- Extradition Procedure (section 105) of the Immigration and Refugee Protection Act
- Justice Canada guide to preparing extradition requests and policy on tabling treaties
New in This Edition
Dr. Botting traces the recent evolution of extradition law in Canada and its divergence east and west by examining every extradition appeal and judicial review judgment of the past three years as they have interpreted key decisions of the Supreme Court of Canada, including Ferras, Fischbacher and Anekwu. At the same time, he has winnowed out lower court decisions that no longer reflect the law. He focuses on the peculiarities of Canadian extradition law, including the fact that extradition is not reciprocal: Canada has its own unique definition of "double criminality" (any conduct that is criminal in Canada results in surrender for any number of foreign criminal offences in the requesting country) and accepts summaries of evidence by foreign prosecutors as "presumptively reliable" while almost universally declining to admit evidence tendered by the individual sought. Furthermore, Canada is far more concerned with honouring its perceived "international obligations" than it is with protecting individual rights.
A Must-Have Guide For:
- Extradition defense practitioners
- Extradition practitioners with the Department of Justice/Attorney General
- Superior court and court of appeal judges
- Criminal defense lawyers and prosecutors
- Law enforcement personnel
- Correctional facilities, especially pretrial centres and inmate libraries
- Bail supervisors, parole officers and justices of the peace
- Lawyers and prosecutors from other countries (Canada's extradition partners)
- Professors and students of criminal, immigration and international law
- Court, prison and university law libraries
- Any person facing extradition
Table of contents
About the Author
How to Use This Book
Table of Acronyms and Abbreviations
Table of Cases
Part 1: Extradition Act
Part 2: International Treaties