Many people believe that leaving a state after being charged with a crime or offence including a DUI will lead to the extradition of charges and will help them escape prosecution. However, this is not entirely true. The Judiciary system in each state handles charges, especially charges related to driving under the influence differently.
For those who don’t know, extradition is the process by which a person is arrested in one state to face charges in another.
It is a relatively costly process and for this reason, most state court systems only pursue extradition proceedings in cases involving felony charges. Nevertheless, there have been several cases where individuals have been extradited on misdemeanour charges.
In this blog, we have discussed the process of the Canadian Extradition Process to help you understand what course of action you can take if you ever find yourself being charged with a criminal offence.
Request For Extradition
The first step towards extradition is filing a request for the process. In Canada, a person’s trial can be extradited for the imposition of a sentence or to serve a sentence. The request has to be made by a foreign state or entity that is an extradition partner under Canada’s Extradition Act.
Moreover, it is imperative to know that an individual can only be extradited from Canada if the alleged criminal conduct in question, and for which the extradition is requested, is recognized as criminal by both countries and states.
All the information and data regarding the case is confidential and cannot be released publicly until an arrest is made under an extradition warrant.
Authority to Proceed
This is the first phase of the extradition process. Once the person is brought before a judge of the superior court of the Canadian province or territory, the person is given an opportunity to apply for bail.
In case the arrest made is provisional, the person under arrest is given a set number of days to submit the formal request and documentation. After this, the counsel with the Department of Justice Canada on behalf of the federal Minister of Justice, must determine within 30 days after the deadline for the receipt of the request and supporting documents, whether an Authority to Proceed will be issued.
The next step is the Judicial phase where the decision is made by a judge of the superior court of the province. The individual stands on trial and the judge is supposed to determine if the evidence provided by the extradition partner is sufficient to commit the person for trial in Canada.
If the person under arrest is sought for imposition or enforcement of the sentence, the judge makes a decision after analyzing the evidence of identification according to the law of Canada.
Decision On Surrender
The Ministerial Phase is the third and final phase of the process where the Minister of Justice must determine whether the person sought should be surrendered (extradited) to the requesting state.
While making the decision, the requirements of the Extradition Act and the Canadian Charter of Rights and Freedoms are taken into consideration. The Minister must also refuse surrender where the consequences of surrender would be contrary to the principles of fundamental justice under s. 7 of the Charter.
Is Extradition For A DUI Possible?
Although a DUI is a charge that can affect your future in Canada, in most cases extradition for a DUI is not possible. The request is not catered to since the process is very taxing in terms of money and other facilities.
Moreover, the individual charged may appeal the decision of the extradition judge and/or apply for judicial review as well. Moreover, if you find yourself tied in the extradition process you can waive your rights under the Extradition Act and be immediately removed to the requesting state.
About Slaferek Law
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