What is extradition?
Extradition is the legal process of transferring a person accused or convicted of a crime. A person is transferred from one state to another to face criminal charges or to carry out a sentence. Extradition ensures the effectiveness of the international justice system, facilitating cooperation between countries and maintaining international security. Let’s look at the extradition treaties in Canada, which countries Canada cooperates with in this area, and which ones it does not have treaties with.
Extradition in Canada is governed by the Extradition Act 1999. It is only possible with countries with which Canada has extradition treaties or agreements in force. The process begins with a formal request from a foreign country, which is sent through diplomatic channels to the Department of Justice of Canada.
Once the request is received, the Department of Justice conducts a preliminary assessment to determine whether the requirements of the law are met. The underlying principle is dual criminality – the act of which the person is accused must be a crime in both Canada and the requested country. If the requirements are met, the Attorney General issues an Authority to Proceed, after which the case goes to trial.
At the trial stage, evidence presented by the requested party is considered to determine whether extradition is justified. The judge must be satisfied that there are sufficient grounds for extradition and that the rights of the accused will not be violated. Following a court decision, the final decision is made by the Minister of Justice, who may refuse extradition on humanitarian or other grounds, including the risk of human rights violations.
Extradition in Canada reflects the country’s commitment to judicial cooperation. Canada’s extradition treaties with other countries facilitate the transfer of accused persons and help combat transnational crime effectively. These agreements also ensure that human rights and procedural safeguards are respected for individuals subject to extradition.
A list of some of the countries with which Canada has extradition treaties is as follows:
- United States of America
- United Kingdom
- France
- Germany
- Australia
- New Zealand
- Mexico
- Japan
- Republic of Korea
- India
- Republic of South Africa
- United Arab Emirates
- Costa Rica
Extradition between Costa Rica and Canada
Extradition between Costa Rica and Canada is carried out on the basis of a bilateral extradition treaty, which establishes a legal framework for the transfer of individuals accused or convicted of crimes. The process begins with a formal extradition request sent by one country to the other through diplomatic channels.
The Ministry of Justice of the country receiving the request evaluates compliance with national law and the terms of the treaty. Key criteria are:
- The principle of double criminality: the act must be considered a crime in both countries;
- Respect for human rights: it is guaranteed that the person being extradited will not be subjected to torture or unfair treatment.
If the requirements are met, a trial is held to confirm the validity of the extradition. The final decision is made by the relevant Minister of Justice, who may take into account humanitarian or political considerations. If the decision is positive, the person is handed over to the requesting country for further trial or execution of the sentence.
Extradition between Dubai and Canada
Extradition in Canada, as in other countries, is initiated by a formal request for the surrender of a person sent through diplomatic channels. Extradition between Dubai (part of the United Arab Emirates) and Canada is carried out on the basis of a bilateral extradition treaty signed between Canada and the UAE. This treaty provides a legal framework for the transfer of individuals accused or convicted of crimes between the two countries.
The Ministry of Justice of the country receiving the request conducts an assessment of compliance with national legislation and the terms of the treaty. Key criteria include:
- The principle of double criminality: the act must be considered a crime in both countries.
- Respect for human rights: it is guaranteed that the person being extradited will not be subjected to torture, cruel or degrading treatment.
Once compliance is confirmed, a trial is held to assess the justification for extradition. The final decision is made by the Minister of Justice, who may take into account humanitarian or political considerations. If extradition is approved, the person is handed over to the requesting country for further prosecution or execution of the sentence.
Despite the extensive treaty network, there are countries with which Canada does not have formal extradition agreements. The absence of such a treaty complicates the process of surrendering accused persons and requires the use of alternative legal mechanisms, such as temporary agreements or the application of the principle of reciprocity.
Some countries that do not have extradition treaties with Canada:
- China
- Russia
- Iran
- Saudi Arabia
- North Korea
- Syria
- Cuba
- Venezuela
- Nigeria
- Zimbabwe
In such cases, extradition is possible, but the process becomes more complex and depends on the political relations between the countries, as well as the willingness of states to cooperate on the basis of mutual interests and compliance with international legal standards.
How can I check if my name is in the Interpol database?
To check if your name is in the Interpol database in Canada, it’s recommended to take the following steps:
- Visiting Interpol’s official website: The Interpol site provides information on how to check if you’re in their database, and there’s also a list of red notices available. However, it’s limited since not all data is public.
- Addressing the CCF: The Commission starts by checking whether any data related to the applicant are being processed in Interpol’s files. If so, it then verifies that the processing of these data complies with Interpol’s rules based on the information available to it. In this context, the Commission reviews all elements and documents provided by the applicant in support of their request. The Commission may request additional information or clarifications from the applicant, from the source of the disputed data, from Interpol’s General Secretariat, or from other organizations involved in the request. If the Commission believes it has received sufficient information to make a decision on the request, it issues a Decision. The Commission then forwards its decision to Interpol’s General Secretariat for implementation. Finally, the Commission provides its written and reasoned decision to the applicant and the source of the disputed data and notifies them about the execution of its decision by Interpol, where applicable.
- Reach out to local law enforcement: You can contact the police or another relevant agency in your country to inquire about any potential warrants out for your arrest.
- Request through a lawyer: If you suspect that your name might be in the Interpol database, you can reach out to a lawyer who can assist you with making a request to obtain information.
It’s important to note that having your name in the Interpol database can lead to serious legal consequences, so it’s recommended to proceed with caution and in accordance with legal advice.
How to remove the Red Notice?
Getting an Interpol Red Notice removed is a serious legal process, and you’ll definitely need the help of lawyers who specialize in international law or criminal law to successfully navigate it. An attorney can provide specific recommendations based on your situation. In the case of challenging an Interpol Red Notice, we start the process with the following step:
- Checking the legality of the notice: It’s important to determine whether the notice was issued legally. If the notice was issued in violation of international norms or with political motives, you might have grounds to challenge it.
- Appealing a Notice: You can file an official appeal of the notice with the CCF—an independent commission within Interpol that operates under the legal framework established by its Constitution, Rules of Procedure, Interpol’s rules, and applicable international legal standards. Any new request for access or deletion must be made using the designated application forms or by following the instructions provided in those forms. Additional clarifications on how the Commission processes requests are available in the “CCF Procedural Guidelines for Applicants.” The Commission reviews and processes requests based solely on written statements and documentation, and does not hold oral hearings except under exceptional circumstances. Before approaching the Commission, applicants should ensure that their requests align with the Commission’s role as defined in its Constitution and the eligibility criteria set out in its Rules of Procedure, as well as ensuring all necessary documents are provided. The Commission does not respond to requests that fall outside its mandate. It does not record or store copies of ineligible requests. Applicants who are informed that their requests are ineligible must submit a new application containing all elements required to make their request eligible.
Requests should be sent to the email address provided in the application forms. Additional information or documents may be requested by the Commission after the initial submission. These items should also be emailed within the deadlines set by the Commission.
- Participation in the process: Sometimes, your personal involvement in a court case or administrative process may be required to refute the reasons for the issuance of the notice.
If you’re in a country that has issued a notice, it’s important to understand what actions can be taken against you at the national level. You might need protection at this level. Also, some international human rights organizations may offer help and resources for individuals facing wrongful notices.
It’s worth noting that the process of removing a red notice can be lengthy and may require significant effort. Therefore, it’s important to have reliable legal support throughout the entire process.
