omar khadr’s plea bargain. extradition what is extradition? ex = “outing” and traditio =...

Omar Khadr’s Plea Bargain

Extradition

What is Extradition?

• Ex = “outing” and traditio = “handing over”

• One country asks another country to return someone who has been accused of a crime or has been convicted of one in the requesting country.

– Not to be confused with deportation, which is administered by the immigration department.

What must exist?

• An extradition treaty between the two countries

Canada’s first bilateral extradition treaty was signed with Iceland on July 7, 1873

To date, Canada has signed more than 50 bilateral extradition treaties.

Extradition Conditions

• Most extradition treaties must meet the following conditions:

1. DOUBLE CRIMINATLITY RULECrime must be a crime in both nations

2. RECIPROCITYIf country A extradites a person to country B, country B will do the same for country A in the future

3. EVIDENTIARY REQUIREMENTSEvidence of guilt must be provided (does not have to be admissible under Canadian rules of evidence)

4. SPECIALITYAccused will only be charged with the crime outlined in the extradition request

Preconditions for Extradition

Fugitives can be extradited for only three reasons:

1. Prosecution2. Impose a sentence3. Enforce a sentence that has already

been imposed

Extradition Process

1. Accused arrested under Extradition Act2. Extradition hearing – are conditions met?3. If committed to prison, may appeal

Sample Extradition Case

Suspect wines and dines

B.C. mother, uncle face extradition in Sidhu killing

Some interesting questions…

• Should Canada extradite someone back to a country if they know that person will face the death penalty?United States v. Ng (1988)

• Does it make a difference if the person is a Canadian citizen?United States v. Burns (2001)