Extradition
Extradition Lawyer in Calgary
An accused or suspected criminal may be legally transferred from one nation to another through the specialized legal procedure known as extradition. When one nation requests another to turn over a resident who is a wanted individual so they can be treated for their criminal charges, this is known as extradition. Extradition treaties serve as the legal foundation that regulates the procedure.
​Extradition will only be taken into consideration in Canada if the claimed offense is likewise illegal under the applicable penal code.
The Canadian Extradition Process
The Canadian extradition process involves three separate decisions:​
1. Authority to Proceed – The Minister of Justice decides whether to commence an extradition proceeding by issuing the authority to proceed.​
2. Judicial Hearing – The Court will determine if there is a sufficient evidentiary basis to warrant extradition.​
3. Surrender Decision – The Minister of Justice reserves the discretionary authority to decide on the surrender of the individual to the foreign state.
The Canadian Extradition Process
• Canada must have an extradition treaty with the requesting country.​
• The criminal act must be a crime in Canada as well.​
• Canada will not extradite a person who may face a substantial risk of the death penalty in the requesting country.​
• A person arrested having a pending extradition procedure may obtain bail from the Superior Court of Justice in the arresting jurisdiction, where the judge assesses the risk of further crimes or fleeing before the extradition hearing.​
• Even if a judge has ordered extradition, the justice minister has the discretion to reject it. ​
These denials are often made by the Extradition Act's criteria, such as:​
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Chances of an unjust or oppressive outcome​
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Bias on the basis of race, religion, nationality, or other factors​
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Whether the offence is considered political
Immigration and Extradition Cases
Immigration matters and extradition procedures can occasionally overlap. It is crucial to comprehend how extradition may affect your status if you are associated with immigration procedures.
Why Choose Phoenix Legal – Criminal Defence Lawyer in Calgary
If you need an experienced criminal defence lawyer in Calgary to represent you in court, look no further than us! At Phoenix Legal-Immigration & Criminal Lawyer, our team of professionals provide dedicated legal services. Call us to request a consultation today.
FAQ's
1. What is extradition in Canada?
Extradition is a legal process in which a foreign country can request another country to surrender an individual (guilty or suspected) to face trial and punishment outside.
2. What crimes can lead to extradition from Canada?
If Someone is directly or indirectly involved in crimes such as murder, kidnapping, trafficking, or any other activity that is offensive and punishable in the eyes of the law of Canada, they are subject to a minimum of two years of imprisonment.
3. What role does a criminal defence lawyer play in extradition cases?
An expert criminal lawyer can represent the individual during an extradition case and its hearings, challenge the evidence against him, and work tirelessly to protect their legal as well as fundamental rights.
4. Can Canada extradite its citizens?
Yes, Canada can extradite its citizens, but the Minister of Justice must consider Charter rights and can refuse extradition if it violates these rights.
5. Can extradition be refused in Canada?
Extradition can be refused if it is analysed that it’s being unjust, oppressive, discriminatory, or violates somebody's fundamental justice or the Canadian Charter of Rights and Freedoms.
Legal Representation in Sexual Assault Cases
Being accused in a case of sexual assault can have immediate repercussions on your life. When a sex crime is concerned, you might be assumed guilty by society and it can also impact the outcome of the trial as well. Needless to say, the situation can become stressful for you.
Trust the experienced criminal lawyers at Phoenix Legal to defend you against charges of sexual crime. No case is too difficult for us. We will understand your side of the story and make sure your rights are protected throughout the trial.
Impaired Driving and DUI Lawyers
Have you been charged with drunk driving? Driving under the influence of alcohol is considered a criminal issue. To effectively deal with the trial, you might need experienced criminal lawyers on your side.
Our DUI lawyers can help you become aware of your rights and obligations and present your case to reduce the chances of conviction. Consult us and we can also detect discrepancies in the protocols followed in charging you.
Lawyers for Drug Offences
Drug offences can include anything from possession and production to trafficking and importing, and can attract severe legal consequences. That is why it is important to get an experienced criminal lawyer to defend your case and give you the right legal advice if you are being tried in a drug case.
We are equipped with the knowledge that is required in this specific domain of practice. Consult us if you are looking for experienced representation in Calgary.
Legal Consultation and Representation for Domestic and Other Assaults
If you are facing charges for domestic assault, criminal harassment, extortion, kidnapping or any other forms of assault, you might require efficient legal representation.
At Phoenix Legal, you can get affordable legal services in Calgary from our criminal defence lawyers. From understanding your side of the case to assisting you in getting a fair trial, we do it all.
Why Choose Us?
If you have been charged in a criminal offence and are facing the risk of conviction, make the right choice, and let us represent you. With our talented criminal law team, we offer services to our clients effectively and economically. Whether it is a simple case, or a complicated one, you can expect us to provide you with excellent advice and efficient representation.
Our goal is to ensure your case receives personalized attention. Feel free to contact us today for more information.