Document Type
Article
Publication Date
2021
Keywords
Extradition, Human Rights, Canada, International Law, Transnational Crime, Charter of Rights and Freedoms, International Assistance Group, Crown Law, Transnational Criminal Law
Abstract
There has recently been an upswing in interest around extradition in Canada, particularly in light of the high-profile and troubling case of Hassan Diab who was extradited to France on the basis of what turned out to be an ill-founded case. Diab’s case highlights some of the problems with Canada’s Extradition Act and proceedings thereunder. This paper argues that the “committal stage” of extradition proceedings, involving a judicial hearing into the basis of the requesting state’s case, is unfair and may not be compliant with the Charter and that the manner in which the Crown conducts these proceedings contributes to this unfairness. It also argues that regardless of the Act’s constitutionality, in light of Diab and other disturbing cases, the time is ripe for law reform to ensure that extradition proceedings are carried out in a way that is consistent with Canadian public policy. Some suggestions for reform are made, as well as a proposal for a serious Parliamentary effort.
Recommended Citation
Robert J Currie, "Wrongful Extradition: Reforming the Committal Phase of Canada’s Extradition Law" (2020) 44:6 Man LJ 1.
Included in
Constitutional Law Commons, Criminal Law Commons, Human Rights Law Commons, International Law Commons, Jurisdiction Commons, Transnational Law Commons
