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Lecture 21

POL340Y1 Lecture 21: POL340 - Lecture 21 - Extradition

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University of Toronto St. George
Political Science
Gerard J Kennedy

Lecture 21: Extradition (March 9 , 2017) Class Outline • What is Extradition? • Sources of Extradition Law? • Extradition Process o Extradition of Nationals o Extraditable Conduct o Judicial Stage o Ministerial Stage o Grounds of Refusal What is Extradition? • A process by which someone is sent from ‘Country A’ to ‘Country B’ for one of 3 purposes: o 1) Prosecution ▪ A country wants to prosecute someone for a crime but can’t because they are in another country ▪ Enforcement jurisdiction o 2) Imposition of a Sentence ▪ Fleeing a sentencing after being convicted ▪ E.g. Kindler v. Canada o 3) Enforcement of a Sentence • It is NOT: o Deportation o Moving POWs during war o What happened in Eichmann Case ▪ (Extradition is supposed to prevent that from happening) • Operates on consent between the 2 states involved Key Terms • Aut Dedere aut judicare o Legal obligations of states under IL to prosecute persons • Requesting State • Requested State Sources of Extradition Law • Treaties o Bilateral & Multilateral • Extradition Act o s. 9 o s. 10 Extradition Process Extradition of Nationals • Most civil law countries will not extradite their nationals as found in their constitutions • So how do civil law countries get around the ‘Aut Dedere aut judicare’ issue without extradition? o E.g. US. V. Cotroni & El Zein CASE Extradition Conduct • Must be a crime in both countries • Complicated if the crime carries different consequences or is called a different thing o i.e. “Sexual assault” in Canada is often referred to as “rape” in other countries Judicial Stage • The authority to proceed o The US wants Cotroni  They will send a diplomatic note  Canada will issue the Authority to Proceed o This is to have an independent non-executive member of government / extradition judge ▪ To decide whether there are sufficient grounds of extradition ▪ Sufficient evidence that could justify the committal for trail of the persons in Canada Ministerial Stage • Minister of Justice decides if the person should be surrendered • May give conditions to the requesting State • Extradition act S.44: Grounds for refusal o S. 44(1): Minister must refuse under these circumstances o S. 44(2): Minister may refuse if the person might be executed • E.g. Kindler Case CASE - Ministerial stage: · Minister of Justice decides if the person should be surrendered · May give conditions to the requesting State · Extradition act S. 44 Grounds for refusal o S. 44-1: Minister must refuse under these circumstances • S44-2: Minister may refuse if the person might be
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