Omar Khadr’s Plea Bargain. Extradition What is Extradition? Ex = “outingâ€‌ and traditio = “handing overâ€‌ One country asks another country to return

  • View

  • Download

Embed Size (px)

Text of Omar Khadr’s Plea Bargain. Extradition What is Extradition? Ex =...

  • Omar Khadrs Plea Bargain

  • Extradition

  • What is Extradition?Ex = outing and traditio = handing over

    One country asks another country to return someone who has been accused of a crime or has been convicted of one in the requesting country.

    Not to be confused with deportation, which is administered by the immigration department.

  • What must exist?An extradition treaty between the two countries

    Canadas first bilateral extradition treaty was signed with Iceland on July 7, 1873To date, Canada has signed more than 50 bilateral extradition treaties.

  • Extradition ConditionsMost extradition treaties must meet the following conditions:

    1. DOUBLE CRIMINATLITY RULECrime must be a crime in both nations2. RECIPROCITYIf country A extradites a person to country B, country B will do the same for country A in the future3. EVIDENTIARY REQUIREMENTSEvidence of guilt must be provided (does not have to be admissible under Canadian rules of evidence)4. SPECIALITYAccused will only be charged with the crime outlined in the extradition request

  • Preconditions for ExtraditionFugitives can be extradited for only three reasons:

    ProsecutionImpose a sentenceEnforce a sentence that has already been imposed

  • Extradition ProcessAccused arrested under Extradition ActExtradition hearing are conditions met?If committed to prison, may appeal

  • Sample Extradition CaseSuspect wines and dinesB.C. mother, uncle face extradition in Sidhu killing

  • Some interesting questionsShould Canada extradite someone back to a country if they know that person will face the death penalty?United States v. Ng (1988)

    Does it make a difference if the person is a Canadian citizen?United States v. Burns (2001)