Extradition Lawyer in Brampton, Ontario, Canada
If you’re dealing with extradition charges, GSP Law is here to offer the strong legal assistance you require. We’ll support you through thorough research, case preparation, and effective representation in court.
Our expertise extends to managing extradition cases across Ontario, with a primary emphasis on the Greater Toronto Area, encompassing Brampton, Milton, Mississauga, Newmarket, North York, Orangeville, Oshawa, and Toronto.
What is an Extradition?
Extradition involves the Government of Canada handing over a suspected individual to a foreign jurisdiction for prosecution on criminal charges. With extradition agreements established with multiple countries, including the United States, this legal procedure holds substantial consequences.
Those extradited might face trials in countries with differing legal rights, potentially leading to grave sentences and prolonged separations from loved ones.
The Government of Canada can extradite a person under the following circumstances:
- For the Person to Stand Trial: The Canadian Government can extradite an individual to another country when they are required to stand trial for an alleged criminal act.
- For the Person to Receive Sentence: Extradition is possible if a person needs to receive a sentence in a foreign jurisdiction for a criminal offence.
- For the Person to Serve Sentence: An individual may be extradited to serve a sentence in another country after being convicted of a criminal offence.
Extradition becomes viable when the alleged act is acknowledged as a criminal offence in both Canada and the country making the request.
Extradition in International Law
In international extradition law, the process begins when a foreign country requests the transfer of an individual accused of a crime committed within its borders. If approved, legal proceedings determine the transfer of custody, culminating in a court-issued extradition order.
The final decision rests with the Minister of Justice, who approves the individual’s surrender to the foreign government. However, recent trends reveal unofficial or discreet measures taken by foreign nations to obtain custody, emphasizing the need for immediate assistance from an excellent extradition lawyer.
Hire GSP Law and Get Represented by an Expert Extradition Lawyer
Gagan Pannu is an experienced Criminal Appeal Lawyer in Canada. With years of experience and a strong commitment to protecting your rights by appealing a wrongful judgment.
Extradition Process Canada
The Canada extradition process in Canada unfolds through three distinct stages:
Authority to Proceed
This marks the Minister of Justice’s decision to initiate the extradition proceedings upon receiving a formal request from a foreign government.
Referred to as the extradition hearing, during this phase, a Superior Court judge assesses the evidence to determine whether there exist adequate grounds for extradition based on the alleged offence.
Following the extradition judge’s committal order, the Minister of Justice reevaluates the case to determine the appropriateness of proceeding with the actual extradition.
These sequential phases ensure a thorough evaluation of the extradition process within the Canadian legal framework.
Challenging Extradition Orders in Canada
Extradition can be challenged in two ways – appealing to the Committal Order and seeking a judicial review of the Surrender Order. For a comprehensive approach, a consolidated appeal or judicial review can be presented to the Court of Appeal.
Those detained during extradition proceedings are entitled to a bail hearing, with the option to appeal any bail denial. Relying on the expertise of a criminal lawyer for your extradition bail hearing can prove highly advantageous, given their familiarity with criminal law and bail proceedings.
Extradition Can be Challenged
—Contact GSP Law Now
If you have been charged wrongfully, it is important to contact experienced legal counsel. GSP Law can assist you in navigating the extradition process. We will help you develop a defence that has favorable outcome.
Why Choose GSP Law as Your Extradition Lawyer in Brampton, ON?
Choosing the right legal representation can make all the difference in an extradition case. At GSP Law, we provide nothing short of excellence.
- Seasoned and experienced criminal appeal lawyer.
- Conducts a thorough review of criminal charges and pieces of evidence.
- Dedicated to your specific needs.
- Professional and knowledgeable to defend all clients no matter what charge and at all court levels.
Reach out today and get a proper representation by a highly experienced Barrister and Solicitor you deserve.
Frequently Asked Questions About Extradition Canada:
Extradition aims to meet the legal duty to transfer an individual accused of a crime in a foreign jurisdiction to that nation, facilitating their accountability to the charges filed against them in that jurisdiction.
The Minister of Justice can deny an extradition order granted by a judge. The Extradition Act establishes reasons for mandatory and discretionary refusal. Under sections 44 and 46, refusal is mandated if surrender seems unjust, discriminatory, political, or military.
Under sections 44(2) and 47, discretionary refusal can occur for death penalty cases, prior acquittals in Canada, convictions in absentia, juvenile justice disparities, ongoing Canadian proceedings, or when the foreign jurisdiction lacks territorial relevance.
Certainly, extradition orders can be appealed. A judicial review of the Minister's decision is also possible via the Court of Appeal. If upheld, the accused may request permission to appeal to the Supreme Court of Canada. The extradition process begins after the appellate court's final verdict.
Important Professional Disclaimer:
This website does not and cannot contain legal advice. The legal information provided on this page, especially the potential defences cited, is for general information and educational purposes only. No part of it is meant to be used as a substitute for professional advice.
Accordingly, we encourage you to consult a professional to provide you with legal advice fit for your case before taking any action based upon such information.
GSP Law cannot be held accountable nor liable for misinterpretation of the cited potential defences for extradition charges, and they are not legal advice nor guidance given on this website.
GSP Law encourages users of this website to consult with local counsel or contact us for actual legal advice or guidance.
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