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It's a treaty, and there is a formal procedure for submitting extradition requests. For example, here is an article from the US DoJ article on requests for extr
by azernik 8y ago
It's a treaty, and there is a formal procedure for submitting extradition requests. For example, here is an article from the US DoJ article on requests for extradition from the US [https://www.justice.gov/jm/criminal-resource-manual-612-role-department-state-foreign-extradition-requests https://www.justice.gov/jm/criminal-resource-manual-612-role...]:
> All extradition treaties currently in force require foreign requests for extradition to be submitted through diplomatic channels, usually from the country's embassy in Washington to the Department of State. Many treaties also require that requests for provisional arrest be submitted through diplomatic channels, although some permit provisional arrest requests to be sent directly to the Department of Justice. The Department of State reviews foreign extradition demands to identify any potential foreign policy problems and to ensure that there is a treaty in force between the United States and the country making the request, that the crime or crimes are extraditable offenses, and that the supporting documents are properly certified in accordance with 18 U.S.C. § 3190. If the request is in proper order, an attorney in the State Department's Office of the Legal Adviser prepares a certificate attesting to the existence of the treaty, etc., and forwards it with the original request to the Office of International Affairs.
For the Canadian version, see https://www.justice.gc.ca/eng/cj-jp/emla-eej/tocan-aucan.html https://www.justice.gc.ca/eng/cj-jp/emla-eej/tocan-aucan.htm...:
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There are three key stages to the Canadian extradition process:
The Minister of Justice must determine whether to authorize the commencement of extradition proceedings in the Canadian courts by issuing an “Authority to Proceed” ;
Where an Authority to Proceed has been issued, the Canadian courts must determine whether there is sufficient evidence to justify the person’s committal for extradition; and
Where the person is committed for extradition, the Minister of Justice must personally decide whether to order the person’s surrender to the foreign state.
A person sought for extradition may appeal their committal and seek judicial review of the Minister’s surrender order.
In all cases, the conduct for which extradition is sought must be considered criminal in both the requesting country and in Canada. This is known as “dual criminality”.
Central Authorities from outside Canada are encouraged to contact the IAG to determine what is required to make an extradition request to Canada, including the evidentiary requirements, and whether provisional arrest is appropriate in a given situation.
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