Will Canada Extradite Me to Another Country?

 

Extradition is a complicated area of the law, particularly because it deals not only with Canadian law, but with the laws of other countries.

By definition, extradition is the process by which one country mandates that an individual charged with a criminal offence in another country be sent to that country to face their criminal charges.  The particular circumstances of your case and the evidence against you will determine if you will be extradited.

If you are facing potential extradition, the first thing to do is to review the case against you to see if there is enough evidence against you in the other country.  If there is not sufficient evidence or if there are problems with how the evidence was collected there may not be sufficient grounds for you to be sent to the other country.

Another means of trying to avoid extradition, is to bring a court hearing to try to have the extradition application dismissed.  It is possible that a judge would grant the application and you would not be extradited.  You may also be able to make arguments to the Minister of Justice, as another attempt to avoid extradition.

As you can see, there are a number of different ways that one can try to argue against extradition.  While the law in this area is complicated, this does not mean that an order of extradition cannot be fought.

During the process of arguing an extradition, it is crucial to have a good criminal defence lawyer working with you.  The lawyers at Auger Hollingsworth have experience in dealing with extradition cases and would be happy to discuss your case with you.  They will apply their knowledge of the law and their experience with cases like yours, in order to achieve the best possible outcome.

Canada Extradition Lawyer: Diab case offers insight into Canadian extradition law

Ottawa Extradition Lawyer: As his legal team prepares for a November 8 extradition hearing, one University of Ottawa professor accused of terrorism links is fighting the validity of international evidence against him.

In a Canadian extradition case, an individual living in Canada is charged with crimes alleged to be committed in a different nation. In order to begin persecution, the other nation in question must prove to Canadian justice officials that the crime is punishable in Canada by criminal law.

In the case of Professor Hassan Diab, whose story has made international news headlines, that nation was France and the alleged crime was involvement with a 1980 synagogue bombing in Paris – a terrorist offence under Canadian criminal law.

Diab’s extradition hearing has been already been delayed repeatedly, due to introductions of new handwriting evidence – some of which has since been discredited and withdrawn.

At a Canadian extradition hearing, the judge decides whether to discharge the defendant, or allow the case to proceed further before the federal Justice Minister. If the Minister chooses to surrender the defendant, the defendant is transferred over to the nation which ordered the extradition in the first place.

At the November hearing, Diab’s lawyer plans to insist that Diab stay in the country, citing a lack of convincing evidence from French authorities.

Extradition charges, in Ontario or anywhere else in Canada, are extremely serious and usually complex. If you are contacted about your possible involvement with an extradition case or international crimes, you should immediately get in touch with an experienced extradition and criminal defence lawyer. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by phone (613) 233-4529 or by email [email protected]

Ottawa Extradition Lawyer: Extradition Application Quashed

Ottawa extradition lawyer Richard represented a defendant in an application for extradition of a person wanted in the U.S. on fraud allegations relating to a $500,000,000 fraud against the City of Philadelphia. After two weeks of hearings the extraditions judge agreed with Richard’s argument and the application for extradition was dismissed. Location: Toronto, Ontario.

26 Ways the Charter Protects You – Twenty-Six Facts About the Charter and You

Make sure your criminal defence lawyer protects your constitutional rights when you are charged with a criminal offence.

You have:

  1. the right to remain silent.
  2. the right to a lawyer, including the right to consult that lawyer privately.
  3. the right to a fair trial.
  4. the right to a trial without undue delay.
  5. the right to a trial in English or French.
  6. the right to know why you have been arrested.
  7. the right not to testify against yourself.
  8. the right to an interpreter in court.
  9. the right to an impartial tribunal.
  10. the right to reasonable bail.
  11. the right to be tried by a judge and jury (in most cases).
  12. the right to be presumbed innocent.

You cannot be:

  1. detained arbitrarily (except in some limited circumstances).
  2. detained without being brought before a justice within 24 hours.
  3. subjected to an unreasonable search of your person, your home or your car.
  4. charged with an offence on the basis of racial profiling.
  5. charged tried twice for the same offence.
  6. be convicted of an offence that is overly broad.
  7. be convicted of an offence that is sexist, racist or otherwise discriminatory.

What if Your Charter Rights are Violated?

  1. Evidence obtained by the Crown in a way that violates the Charter may be excluded from use against you at trial.
  2. If you are charged with an offence that violates the Charter, the offence and the charges with it, may be struck down.
  3. If your trial was delayed too long the charges against you could be stayed.
  4. If the violation of your Charter rights brings the administration of justice into disrepute, your charges may be stayed.

Are these Charter remedies automatic?

  1. No. Charter remedies are usually only granted where the criminal defence lawyer asks for them.
  2. Your criminal lawyer must carefully review the file for Charter violations.
  3. Your criminal lawyer must prepare, file and actually argue Charter motions before the trial judge.
  • Make sure your criminal defence lawyer knows the Charter and uses it to your full advantage.
  • Ask your criminal defence lawyer what motions he or she will bring on your behalf.
  • Ask your criminal defence lawyer whether he or she regurlarly bring Charter motions
  • Ask your criminal defence lawyer whether he or she regularly wins Charter motions.

If you have been charged with a criminal offence, make sure you have an experienced criminal defence lawyer who knows how to enforce your Charter rights.  Contact a criminal lawyer at Auger Hollingsworth by clicking here or by calling 613 233-4529.

Application for Extradition to Philippines Denied

Criminal lawyer Richard Auger represented a woman in an application by the Philippines for her on fraud charges. Richard was successful in having application denied. Location: Toronto, Ontario

Note: The previous two extradition cases are important because normally extradition is granted in Canada almost automatically. It is very difficult to defeat a request for extradition.

Police Crime Tracking System Announced

A new crime tracker is now available locate criminal activity in the Ottawa area.  The police announcement is here.

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