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Generally, extradition is the surrender by one country to another of a person charged with, or convicted of, a crime in the requesting country. Canada’s Extradition Act , and a series of treaties to which it is a party, contemplate extradition both to and from Canada.
Prior to the significant revisions to the Extradition Act in 1999, our extradition regime – particularly as it related to requests from other countries for the surrender of individuals in Canada – was widely criticized (rightly or wrongly) for being overly complicated, burdened by undue delays and unnecessary evidentiary requirements imposed on requesting countries. With the passage of the Extradition Act S.C. 1999, c. 18, such criticisms have been replaced by expressed concerns (again, rightly or wrongly) that the current regime sacrifices procedural and substantive fairness at the altar of international comity and expediency.
Section 10(b) of the Charter provides that everyone has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right.