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.”