Canadian Extradition Law, 6th Edition
This book provides a solid understanding of the legal framework of extradition law in Canada, including an overview of current issues in evolving extradition procedure.
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Drawing on the expertise of legal analyst Dr. Gary Botting accumulated over 30 year of extradition practise, Canadian Extradition Law, 6th Edition is a quick reference tool for lawyers and judges alike to access every significant case decided under the Extradition Act. It provides a solid understanding of the legal framework of extradition law in Canada, including an overview of current issues in evolving extradition procedure.
Part I of this publication consists of a fully annotated Extradition Act, with commentary, practice advice, and carefully synthesized case law. Part II contains every bilateral treaty signed by Canada, again with relevant case law. Appendices include the 20 recommendations of Parliament’s Standing Committee on Justice and Human Rights (“Reforming Canada’s Extradition System”), relevant rulings from the Federal Court, key segments of multilateral treaties, the Mutual Legal Assistance in Criminal Matters Act, referential sections of the Criminal Code and Immigration and Refugee Protection Act, and applicable forms.
Features of This Book
- Each section of the Act includes:
- Commentary – study the section's meaning in plain language
- Practice notes – take note of common pitfalls and gain from expert advice
- Related case law in sections of the Act with other legislation – save time on legal research cross-references
- Treaties – link bilateral and multilateral treaties to sections of the Act
- Former acts – compare current legislation to repealed legislation
- Selected provisions of the Rome Statute 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)
- Extradition Procedure (section 105) of the Immigration and Refugee Protection Act
- Justice Canada guide to preparing extradition requests and policy on tabling treaties
What’s New In This Edition
- New extradition appeal and judicial review judgements as interpreted by Courts of Appeal, the Federal Court and the Supreme Court of Canada since the previous edition published in 2015, including:
- France v. Diab
- India v. Badesha
- M.M. v. United States of America
- United States of America v. Meng
Who Should Read This Book or Use It As a Reference Text
- 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
Table of Acronyms and Abbreviations
Table of Cases
The Perils of Comity
Overriding the Charter – Section 6 and Section 11
“Presumptively Reliable” vs. “Manifestly Unreliable”
The “Bait-and-Switch” Technique
“Shocking the Conscience of Canadians”
Part 1: Extradition Act
Part 2: International Treaties
Selected Provisions of Multilateral Treaties Related to Extradition
Bilateral Extradition Treaties
Appendix A—Criminal Code provisions triggered by the Extradition Act
Appendix B—Federal Courts Act provisions triggered by the Extradition Act
Appendix C—Mutual Legal Assistance in Criminal Matters Act
Appendix D—International Transfer of Offenders Act
Appendix E—International Transfer of Offenders—Sample Treaty
Appendix F—Immigration and Refugee Protection Act (Relevant Provisions)
Appendix G—Policy on Tabling of Treaties in Parliament
Appendix H—Justice Canada Guide to Preparing Extradition Requests
Appendix J—“Reforming Canada’s Extradition System”: Parliamentary Committee recommendations
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