Ottawa: Canada: During the recent visit of the Secretary of State for External Affairs to New Delhi agreement was reached to begin negotiations on an extradition treaty with India, The purpose of such a treaty would be to permit either state to request the return of persons accused or who have been convicted of a crime committed within the territory of the other country.
Canada has extradition treaties or equivalent arrangements with some forty-three countries and is a continuous process of seeking and negotiating similar treaties with other countries. In addition to India, there are now negotiations in progress with France, Belgium and the Netherlands.
Canada had an extradition arrangements in place with India from the late 19th century up until approximately 1950, At that time India changed its constitutional provisions relating to the position of Queen Elizabeth and as a consequence became ineligible for extradition arrangement under the Canadian, Fugitive offenders Act. ‘On Oct 31, 1985, Canada by order-in-council, instituted a partial extradition arrangement with India, under the provisions of Part Ii of the Canada Extradition Act. Once an extradition treaty is negotiated it will replace the partial arrangement that was instituted in October, 1985.
The extradition process is primarily judicial, If India decides ‘wants to extradite a person resident in Canada then an application to do so must be made before the appropriate Canadian judicial authorities, India must establish to the satisfaction of a Canadian judge that (a) crime, as stipulated in the extradition treaty, has been committed and (b) prima facie ‘case exists against the person sought.
The alleged offender is entitled to be represented by counsel at the extradition hearing. If there is a decision by the Canadian judge follow extradition, then that decision can be appealed up 10 the Supreme Court of Canada. The ‘onus of proof rests on the requesting state and in all cases the rights of the person sought are fully protected under all relevant Canadian laws, The same procedures in reverse apply when Canada seeks the extradition of person resident in India,
Should you require additional information on extradition you should consult the standard text on Canadian extradition law, Extradition To and From Canada by GE, Laforest. It is available in all public legal libraries.
Article extracted from this publication >> June 20, 1986
