What is extradition?
Extradition is the legal process through which one country asks another country to surrender a person for prosecution, sentencing, or enforcement of a criminal sentence.
In Canada, extradition is governed by the Extradition Act, which is federal legislation. The current Government of Canada version identifies the Act as S.C. 1999, c. 18 and lists core stages such as extraditable conduct, ministerial functions, provisional arrest, authority to proceed, extradition hearing, reasons for refusal, appeal, judicial review, and order of surrender.
Extradition from Canada is not automatic. A foreign country must have a legal basis to request surrender, and Canadian authorities must follow the procedure required by law. The person sought has the right to legal representation and may challenge extradition in court and through ministerial submissions.
The Canadian extradition process usually begins when a foreign state sends a request to Canada. The request may be based on a treaty, an extradition agreement, a specific agreement, or another recognised legal basis.
Under Canada’s Extradition Act, extradition from Canada is generally available on the request of an extradition partner for prosecution, sentencing, or enforcement of a sentence, provided the conduct meets the required seriousness and dual-criminality standards. The Act also provides that requests for provisional arrest may be made through INTERPOL.
A typical extradition process in Canada may include:
1. Foreign request
The requesting country sends a formal extradition request to Canada. In urgent cases, a request for provisional arrest may come first.
2. Review by the Minister of Justice
The Minister is responsible for the implementation of extradition agreements and dealing with requests made under them. If the legal requirements are met, the Minister may issue an Authority to Proceed, allowing the Attorney General to seek a court order for committal.
3. Arrest or summons
After an Authority to Proceed is issued, the Attorney General may apply for a summons or arrest warrant. If the person has already been arrested under a provisional arrest warrant, that step may not be necessary.
4. Extradition hearing
A Canadian court considers whether the legal test for committal is met. The judge does not conduct a full foreign trial, but the defence may challenge identity, evidence, dual criminality, procedural defects, and whether the legal requirements for extradition are satisfied.
5. Ministerial decision
If the court commits the person for extradition, the Minister of Justice still has to decide whether surrender should be ordered. Human rights concerns, death penalty exposure, unfair trial risk, political motivation, and humanitarian issues may be raised at this stage.
6. Appeals and judicial review
Depending on the circumstances, the person may challenge the court decision or seek judicial review of the Minister’s surrender decision.
Because the process has both judicial and ministerial stages, extradition defence in Canada requires careful planning from the beginning.
Canada has extradition relationships with many countries and entities through bilateral treaties, multilateral conventions, Commonwealth arrangements, and statutory designations. The Extradition Act defines an “extradition partner” to include a state or entity with which Canada has an extradition agreement, a specific agreement, or whose name appears in the schedule.
Countries commonly involved in Canadian extradition matters include:
United States of America
United Kingdom
France
Germany
Australia
New Zealand
Mexico
Japan
Republic of Korea
India
South Africa
United Arab Emirates
Costa Rica
The existence of an extradition treaty does not guarantee surrender. Canadian courts and the Minister of Justice must still consider the legal requirements, procedural safeguards, and possible grounds for refusal.
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 aCanada does not have the same extradition relationship with every country. Some countries may have no formal treaty with Canada. Others may have limited cooperation, suspended arrangements, poor diplomatic relations, or human rights concerns that make extradition difficult.
However, a list of “countries without extradition treaties with Canada” should not be treated as a safe-haven list. The absence of a formal treaty does not always remove risk. In some cases, cooperation may still happen through a specific agreement, immigration removal, deportation, domestic prosecution, mutual legal assistance, INTERPOL channels, or diplomatic arrangements.
Countries that often require closer treaty-status and enforcement analysis include:
China
Russia
Iran
Saudi Arabia
North Korea
Syria
Venezuela
Afghanistan
Yemen
Somalia
Libya
Belarus
Myanmar
The real question is not simply whether a treaty exists. The important question is whether Canada or the foreign state has any lawful route to arrest, detain, remove, surrender, prosecute, or restrict the person.
How can I check if my name is in the Interpol database?
A public Red Notice search is only a starting point. Many INTERPOL notices and diffusions are not public. A person may be affected by INTERPOL data even if nothing appears on the public website.
There are several ways to approach the issue.
Check the public INTERPOL database
This may reveal publicly listed Red Notices. But a clean result does not prove that no notice, diffusion, or restricted alert exists.
Submit a request to the CCF
The Commission for the Control of INTERPOL’s Files can receive requests for access to, correction of, or deletion of data processed in INTERPOL’s Information System. Since 26 March 2026, INTERPOL states that all CCF requests must be submitted through the dedicated secure online portal, except in exceptional circumstances.
Use a lawyer-led request
A lawyer can help prepare the request correctly, organise supporting documents, avoid inconsistent statements, and make sure the application fits within the CCF’s mandate.
Be careful with direct police contact
Contacting local law enforcement directly may create risk if an active warrant or extradition alert exists. In sensitive cases, legal advice should be obtained before approaching authorities.
The CCF process is document-based. INTERPOL states that the Commission analyses and processes requests based on written representations and documentation and does not conduct oral hearings except in exceptional circumstances.
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.
