Thursday, June 08, 2023

House of Commons Standing Committee on Justice and Human Rights Report on Reforming Canada's Extradition Act

The House of Commons Standing Committee on Justice and Human Rights has released a report on Reforming Canada's Extradition System:

"According to customary international law, states are responsible for prosecuting and penalizing criminal offences committed within their jurisdiction. However, they cannot enforce their laws outside of their jurisdiction. Thus, extradition is the process by which 'an accused or convicted person located in one country is surrendered to another country for the purpose of prosecution or for the imposition or enforcement of a sentence.' The Extradition Act (the Act) provides a framework for this procedure in Canada."

"The Supreme Court of Canada has stated that the extradition process serves two objectives: 'the prompt compliance with Canada’s international obligations to its extradition partners, and the protection of the rights of the person sought.' According to experts who support reforming the Act, this balance needs to be re-established. The shortcomings of the Act were highlighted by the Diab case, which was shocking for Canadians. Hassan Diab was extradited to France and detained for three years in a maximum-security prison before being released, without ever standing trial. Some legal experts see this case as proof that the Act must be reformed, because according to the independent review of his extradition prepared by lawyer Murray Segal for the Department of Justice, the Crown did comply with the Act, despite the consequences Mr. Diab faced."

"According to some members of the Canadian legal community, the biggest problem is the legal foundation for extradition and its subsequent interpretation by Canadian courts, particularly in regard to international human rights law and the Canadian Charter of Rights and Freedoms (...)"

"On 22 September 2022, the House of Commons Standing Committee on Justice and Human Rights (the Committee) agreed to undertake a comprehensive study on reforming the 1999 Extradition Act and to invite witnesses to provide recommendations to the Committee on how to modernize the current system so that the civil liberties of all Canadians and permanent residents of Canada are upheld in extradition proceedings."

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posted by Michel-Adrien at 5:13 pm


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