Document Type

Article

Publication Date

1987

Source Publication

Canadian Yearbook of International Law. Volume 25 (1987), p. 263-300.

Keywords

Extradition; Charter of Rights and Freedoms

Abstract

This article is devoted to the question of whether the extradition from Canada of a fugitive Canadian citizen charged with having committed an act that constitutes a criminal offence for which he or she may be prosecuted both in Canada and in the requesting state is a violation of his or her right as a citizen of Canada to remain in Canada, that is guaranteed by section 6( I ) of the Canadian Charter of Rights and Freedoms.' In analysing this question we shall ( i ) give a brief history of and rationale for extradition, with emphasis on the variations in application by states of extradition of citizens; (2) assess whether section 6 ( i ) of the Charter of Rights ipso facto does in fact contain a right that extradition infringes; (3) enquire whether if indeed extradition infringes prima facie the section 6 ( i ) right to remain in Canada of a Canadian citizen, it is a reasonable limit, prescribed by law as can be demonstrably justified in a free and democratic society, even where he or she could be prosecuted in Canada on the same facts; (4) review the role of the Minister of Justice in extradition matters; (5) look at the comparative interests of states that have concurrent jurisdiction over the criminal offence and their impact on prosecutorial discretion in the requested state; and (6) discuss interpretation of extradition treaties.

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