Law of extradition and mutual legal assistance in Canada

INTRODUCTION

Regarding the law on extradition and the issue of legal aid in Canada, there are numerous specialized studies and treaties in agreement that have debated extensively this issue, easily delicate and sometimes quite interpretable both at the state and practical level. It is quite difficult for Canada, as well as for many other states of this magnitude and size to cope with a number of different and unforeseen situations that sometimes occur quite often in this matter, extradition. In any case, Canada is trying as much as possible, as usual, to debate and ensure a constant balance in criminal cooperation and not only, both nationally and internationally alike.

An important and authorized body in this field, is represented by the “International Assistance Group”, bring considerable support through active contribution and involvement among the police, jump and especially in the body of state prosecutors, in the procedure of extradition of those who have committed criminal acts, precisely in the idea of being immediately sent to the country of origin, the one of which they are part and to be subject to a verdict from their courts. This mentioned body also has a contribution in the matter of putting things together in the sphere of inter-state collaboration in specific criminal matters.

THE CORE OF THE MUTUAL LEGAL ASSISTANCE IN THE STATE OF CANADA

With regard to the legislation currently in force in Canada within the perimeter of the legal cooperation of assistance, in the exclusive realm of criminal law, the state is recognized as having the power to receive assistance and to use judicial acts, only for the states that are included, in turn, in exactly those that are considered to be biased in interstate collaboration with the state of Canada. It is about all those acts considered to be agreements between states and other different titles that in turn presuppose legal assistance that acts for each other, that is, reciprocal.

Furthermore, the state power confers a great benefit, namely that of giving legal priority, in the name of which, later, various acts can be adopted which are given by the justice called to apply the law, for, for example, the International Criminal Court for part of Rwanda or many of them even for the International Criminal Court.

In accordance with the act established in this matter and the specialties of legal assistance we mention:

  • search procedure,
  • the procedure for carrying out the seizure of certain goods,
  • providing and climbing different bases and physical elements,
  • the manner of making the witnesses in question to comply with the fact of giving statements, by means of the various means of capture provided,
  • the issue related to the conduct of persons who have received sentences from the court of conviction for various acts, in the state launching this request, with their express consent, in order to provide various information, details or relationships of which they are aware to assist the competent bodies in this field, who ask for this favor,
  • the situation in which the court wishes to take something as a restitution later, such as “things on display”,
  • the evaluation situation of a certain specific place,
  • putting into practice the detentions and, as the case may be, the confiscation ones,

In principle, in Canada, the most important thing that involves the implementation of court assistance, in terms of collaboration, we recall that this assessment involves:

  • first of all, to reach the clear idea that an act provided by the criminal law was committed by someone,
  • Evidence and undoubted means regarding both the commission of the deed and, on the other hand, relevant data that may ultimately lead the investigative bodies on a true and truthful track, about the location of the accused.

THE PROCEDURE TO BE FOLLOWED IN ORDER TO OBTAIN THE RECIPROCAL LEGAL ASSISTANCE

When a person seeks to turn to this mutual legal assistance, it is necessary for him to be well informed and to know the steps that must be followed in order to reach the expected result. The person in question can benefit from useful ideas and information, accessing the areas accordingly, or can, as the case may be, call on a specialist in this field, who will be able to guide him accordingly.

Next we will refer to all the steps and the journey that the person interested in this matter must do:

  • First of all, it is necessary to first use the information and suggestions provided by the Central System of Canada. In this sense, it should be noted that, normally and in order for things to go smoothly, the competent body in the beneficiary’s country should contact the one in Canada, prior to the moment of filing a request for interstate legal assistance, especially talking about more difficult processes, in order to find out and take precautions regarding the correctness of the application made.
  • The next step that should be taken is that the applicant must first thoroughly check whether the request made by him is consistent and there is a relationship between it and the act committed. It is necessary that the connection between the two be indubitable and the request is in a balanced relationship with the criminal act and the investigations carried out on it. In the probable and common situation in which, regarding the laws in force in Canada, certain measures and secondary evidence are requested, in order to set in motion the request and at the same time the deed provided by the criminal law referred to is not so serious, often this call may result in a certain waiting time and not be on the top of the agenda.
  • Another step is to show the algorithm used for the request in question. The applicant must take into account, in drafting the application, to bring into discussion and clearly mention the act on which it is based, or as the case may be to various other interstate means.
  • We further talk about the clear showing of the competent body that deals with the realization and initiation of the criminal investigation for the respective deed. At this stage, a full mention must be made of the body in the country of the person concerned, which has the power and competence to decide on the investigation and all matters relating to it.
  • Another very important procedure, which must be performed with great care, is the one regarding the proper narration of the incident case. The applicant must include in this description made by him the case as a whole and the real situation as it really is and also indicate the relevant evidence on which this application is based.

It should contain some of the following, including:

  • In the situation regarding the witness in question, it is necessary that the mentions made refer to the following 3 aspects: -first of all, his name and surname, the place of birth and the precise addition of the one in which he is; -second, explaining their situation, depending on the case of the suspect, or only the witness; -third, explaining whether or not the chosen witness is willing to provide details and details in the conduct of the investigation,
  • If it is necessary to use certain documents, it is necessary for the person in question to make concrete reference to their type, the place where they can be found and the expression of a reasoned point of view on the question of their relevance and conclusion in the process, ongoing,
  • If an order is requested regarding a search, the same must be shown as to why this step is important to follow and what would be the real interest in securing it and how the evidence found after the search would help in the case and in making a correct decision.
  • Finding the passages of the legal norms incident in the case and of the applicable punishments also,
  • Relevance and discussion of assistance. Attempting to bring into practice what the applicant is asking for, mentioning at the same time all the necessary documents involving the statements given by the witnesses in question, other documents with specific destination, as well as other documents and requests relevant and conclusive to the case.
  • Another important requirement is the removal in nature of the things that are being pursued
  • Bringing into discussion the time followed and the speed of the case,
  • Necessary data and information regarding the contact, e-mail addresses, telephone and other relevant information from the applicant’s domicile state,
  • Wording in a language of circulation in Canada, English, or as the case may be French,
  • If it is the case, bringing into discussion the media appearance of the case, if it exists.

EXTRADITION AND THE LEGAL STRUCTURE

This extradition procedure is a very complex one and presupposes in principle a collaboration between states in matters of criminal law, which provides by laws and treaties concluded and established between countries, as in the situation encountered when a person commits criminal acts that affect certain specific passive subjects, the person in question who committed the crime and who is directly responsible to be able to be sent and tried in the state to which he belongs.

This happens quite often in Canada, which is very receptive to prosecuting and punishing criminal acts committed on the territory of the state, or which harm its citizens and inhabitants. The purpose is the observance of the general and special principles of law in force and the fulfillment of the condition according to which all those who have committed crimes must be punished and judged according to the law and the safety, balance and human rights must be respected and sustained.

The extradition procedure that is present in Canada is similar to that of other states that share the same system, common law, and as an example we can mention the UK. Canada, complies with the laws, regulations and the Charter of Liberties in matters of extradition.

All this manner of extradition that takes place between Canada and the requesting state must involve following the step of continuing the prosecution in question, the judicial step that takes place before the judge and the last step that involves the Minister of Justice ordering extradition to the state concerned.

The person in respect of whom the extradition is requested must meet the essential requirement that the act be considered a violation both in Canada and on the other hand by the requesting foreign state or authority.

In this matter, the law is very broken, and when it comes to extradition, the privacy and rights of the accused must be respected, and the information gathered on the case is secret and not given for publicity, until it is considered necessary and until the extradition warrant is issued. Only after this essential moment, the data that were previously kept secret, can be disseminated to the media, in the required and necessary situation. Even so, there are situations in which some information or all of it cannot be known by the general public, being under the power of a stop. It is worth mentioning that the state requesting the extradition of a person can do so either by submitting the documents required in the case of Canada and expressing a clear interest in this regard, or by proceeding to the so-called and used way of indefinite arrest, with a moment.

CONCLUSION

Collaboration in criminal matters in the field of extradition in Canada is one that enjoys, as I mentioned, a wide popularity. Beyond any problems and shortcomings both at the legislative and executive level that a state would face, at any level of the realm of law in force, it is very important that interstate cooperation on issues related to agreements and laws extradition and not only, to be honored and put into effect as soon as possible.

Canada does not compromise on this, and without exception, it, through the competent bodies, law enforcement, security, legal and all the specific gear in this field, work very well together and manage to complete its operations and commitments. In this way, it maintains its credibility and at the same time maintains the peace and natural balance that a state the size and capacity of Canada must have.