Reasons for Refusal
44. (1) The Minister shall refuse to make a surrender order if the Minister is satisfied that
(a) the surrender would be unjust or oppressive having regard to all the relevant circumstances; or
(b) the request for extradition is made for the purpose of prosecuting or punishing the person by reason of their race, religion, nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability or status or that the person's position may be prejudiced for any of those reasons.
Marginal note:When Minister may refuse to make order
(2) The Minister may refuse to make a surrender order if the Minister is satisfied that the conduct in respect of which the request for extradition is made is punishable by death under the laws that apply to the extradition partner.
45. (1) The reasons for the refusal of surrender contained in a relevant extradition agreement, other than a multilateral extradition agreement, or the absence of reasons for refusal in such an agreement, prevail over sections 46 and 47.
Marginal note:Exception — multilateral extradition agreement
(2) The reasons for the refusal of surrender contained in a relevant multilateral extradition agreement prevail over sections 46 and 47 only to the extent of any inconsistency between either of those sections and those provisions.
46. (1) The Minister shall refuse to make a surrender order if the Minister is satisfied that
(a) the prosecution of a person is barred by prescription or limitation under the law that applies to the extradition partner;
(b) the conduct in respect of which extradition is sought is a military offence that is not also an offence under criminal law; or
(c) the conduct in respect of which extradition is sought is a political offence or an offence of a political character.
(2) For the purpose of subparagraph (1)(c), conduct that constitutes an offence mentioned in a multilateral extradition agreement for which Canada, as a party, is obliged to extradite the person or submit the matter to its appropriate authority for prosecution does not constitute a political offence or an offence of a political character. The following conduct also does not constitute a political offence or an offence of a political character:
(a) murder or manslaughter;
(b) inflicting serious bodily harm;
(c) sexual assault;
(d) kidnapping, abduction, hostage-taking or extortion;
(e) using explosives, incendiaries, devices or substances in circumstances in which human life is likely to be endangered or serious bodily harm or substantial property damage is likely to be caused; and
(f) an attempt or conspiracy to engage in, counselling, aiding or abetting another person to engage in, or being an accessory after the fact in relation to, the conduct referred to in any of paragraphs (a) to (e).
47. The Minister may refuse to make a surrender order if the Minister is satisfied that
(a) the person would be entitled, if that person were tried in Canada, to be discharged under the laws of Canada because of a previous acquittal or conviction;
(b) the person was convicted in their absence and could not, on surrender, have the case reviewed;
(c) the person was less than eighteen years old at the time of the offence and the law that applies to them in the territory over which the extradition partner has jurisdiction is not consistent with the fundamental principles governing the Youth Criminal Justice Act;
(d) the conduct in respect of which the request for extradition is made is the subject of criminal proceedings in Canada against the person; or
(e) none of the conduct on which the extradition partner bases its request occurred in the territory over which the extradition partner has jurisdiction.
1999, c. 18, s. 47;2002, c. 1, s. 190.
47.1 The grounds for refusal set out in sections 44, 46 and 47 do not apply in the case of a person who is the subject of a request for surrender by the International Criminal Court.
2000, c. 24, s. 52.
48. (1) If the Minister decides not to make a surrender order, the Minister shall order the discharge of the person.
Marginal note:When refugee claim
(2) When the Minister orders the discharge of a person and the person has made a claim for refugee protection under the Immigration and Refugee Protection Act, the Minister shall send copies of all relevant documents to the minister responsible for that Act.
1999, c. 18, s. 48;2001, c. 27, s. 251.
