In 1999 Canada amended the Extradition Act to permit a more simplified method for seeking extradition from Canada which applies to all requests in cybercrime cases made under a bilateral treaty or a multilateral convention. The amendments enable evidence contained in what is known as a “Record of the Case” to be admitted at the Canadian extradition hearing, if it is certified by a judicial or prosecutorial authority in the manner prescribed by section 33 the Extradition Act. The Record of the Case method simplifies the process because it permits a summary of the evidence to be admitted in the Canadian extradition hearing, as opposed to the actual depositions of the witnesses or the actual reports containing the evidence.
In the case of a person sought for prosecution, the Record of the Case must contain:
(1) The name and title of the person preparing the Record of the Case and their involvement in the file. The person preparing the Record of the Case must be a prosecutor or judicial authority who is familiar with the case;
(2) A brief overview of the facts; and
(3) A detailed summary of the evidence available for prosecution, including evidence of identity.
A separate document called the “General Legal Statement”, which is not filed in the Canadian court, is required. The General Legal Statement contains information about the requesting state’s laws pertaining to the offence, the prescription period, and the warrant for arrest. This is the information the Minister of Justice requires in order to ensure that the relevant treaty or convention provisions requiring this information have been complied with.
A good incoming request for extradition in a cybercrime case is comprised of a certified Record of the Case and separate General Legal Statement, as set out above.