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Extradition Lawyers Toronto

How to Defend an Extradition Request

Extradition is a separate branch of criminal law. Canadian rules of evidence and trial procedure are largely displaced by the Extradition Act and Canada's treaty obligations to the requesting country. A person facing an extradition request is fighting to stay in Canada, and the case turns on a narrow set of legal tests at three distinct stages: the Authority to Proceed, the judicial committal hearing, and the Minister's surrender decision.

Daniel Brown Law defends extradition matters in Ontario and works with foreign counsel to negotiate surrender terms or contest the request on its merits. Our firm is ranked among Canada's Top Criminal Law Boutiques by Canadian Lawyer Magazine, recognized by Best Lawyers among the nation's leading criminal defence and appellate firms, and named one of Canada's Best Law Firms for 2026 by The Globe and Mail. We are repeat winners in the Toronto Star Readers' Choice Awards.

Our lawyers defend extradition cases across Ontario and appear regularly in the Toronto Superior Court, as well as courthouses in Newmarket, Oshawa, Brampton, and Milton.

Daniel Brown is a certified specialist in criminal law (Law Society of Ontario). Where a client is being pursued by a foreign jurisdiction, our lawyers often coordinate with counsel in that country — and, for Canadian citizens facing a foreign sentence, can help arrange a transfer to serve time in Canada under the International Transfer of Offenders Act.

Daniel is frequently sought out by the media for commentary on extradition matters:

Call the extradition lawyers at Daniel Brown Law at (416) 297-7200 for a consultation about your case.

Frequently asked questions about extradition law in Toronto, Ontario:

What is extradition?

Extradition is a form of international assistance where Canada surrenders a person located within its borders to another country to face trial or serve a sentence. It is grounded on the principle that a person should answer to the criminal law of the country where they are located or where they allegedly committed the offence.

The Canadian Government may also extradite a person to the International Criminal Court to face prosecution for war crimes.

Will Canada extradite a person to any country making an extradition request?

No. Canada will only extradite to an "Extradition Partner" — a country with an existing extradition agreement or treaty with Canada.

Can Canada extradite a person to an extradition partner for any type of criminal offence?

Only where two conditions are met. First, the offence must be punishable in the requesting country by imprisonment of two years or more. Second, the same conduct, if it had occurred in Canada, would constitute an offence also punishable by imprisonment of two years or more. This is the principle of dual criminality — Canada does not surrender people for conduct that would not be a crime here.

Where extradition is sought to serve a sentence already imposed, the remaining portion of the term must be at least six months.

Will Canada extradite a Canadian citizen to another country?

Yes. Some countries restrict extradition to non-citizens, but Canada does not. Canadian citizens can be extradited to an Extradition Partner.

Which countries currently have extradition treaties with Canada?

Albania, Argentina, Austria, Belgium, Bolivia, Chile, Colombia, Cuba, Czech Republic, Denmark, Ecuador, El Salvador, Estonia, Finland, France, Germany, Greece, Guatemala, Haiti, Hong Kong, Hungary, Iceland, India, Israel, Italy, Korea, Latvia, Liberia, Lithuania, Luxembourg, Mexico, Monaco, Netherlands, Nicaragua, Norway, Panama, Paraguay, Peru, Philippines, Portugal, Romania, San Marino, South Africa, Spain, Sweden, Switzerland, Thailand, United States, and Uruguay.

What is the process involved to extradite someone from Canada to another country?

The Extradition Act divides responsibility between the Minister of Justice and the courts across three stages:

  1. On receiving an extradition request, the Minister decides whether to issue an Authority to Proceed (ATP). The ATP identifies the Canadian offences that correspond to the conduct alleged abroad.
  2. If an ATP is issued, an extradition judge holds a committal hearing and decides whether to commit the person for surrender.
  3. If the person is committed, the Minister decides whether to order surrender to the extradition partner. The person is entitled to make submissions to the Minister before that decision.

Step One: The Authority to Proceed

The process begins with a request from an extradition partner. The requesting country must establish dual criminality and, for most offences, a potential sentence of at least two years (some treaties set a five-year threshold). A foreign warrant has no legal force in Canada; an arrest can only be made on a warrant issued under the Extradition Act.

There are two paths to arrest: a provisional arrest where the requesting country needs to act urgently before full documentation arrives, and an arrest on the full request where complete documentation has been provided.

Once the Minister issues an ATP, arrangements follow for the person to be arrested or served with a summons.

When will the Minister decide to issue an arrest warrant as opposed to a summons?

Factors the Minister considers in support of arrest include:

  • risk the person will flee the jurisdiction or fail to appear in court;
  • prior flight from another jurisdiction;
  • steps taken by the person to conceal their presence in Canada or abroad, or risk they will compromise the proceedings or investigation — for example, by intimidating witnesses or destroying evidence;
  • involvement in crimes in Canada;
  • risk of further offences in Canada;
  • the existence of accomplices abroad or in Canada;
  • possession of passports or assets in another jurisdiction;
  • any other factor suggesting that arrest would be in the public interest.

How can someone obtain bail for an extradition charge?

An extradition bail hearing takes place in the Superior Court of Justice and generally follows the same procedures as a regular bail hearing. The judge considers the risk of further offences in Canada and — because of the international treaty context — weighs flight risk heavily.

A successful release typically depends on a strong release plan with credible sureties and a substantial financial pledge. Sureties must file paperwork with the court outlining their plan to supervise the person under the proposed conditions. See our article on bail hearings for the general framework.

Step Two: The Extradition Hearing

At the committal hearing, the judge must be satisfied that the person before the court is the person sought and that the conduct alleged abroad would constitute a crime in Canada. The offence need not share a name across jurisdictions — the conduct, not the label, is what matters.

The requesting country's evidence is presented through a Record of the Case (ROC) summarizing the case against the person sought. The judge asks whether that evidence, if believed, could support a conviction on the parallel Canadian offence before a properly instructed jury. The threshold is low; the question of guilt or innocence belongs to the trial court in the foreign jurisdiction, not the Canadian extradition judge.

Step Three: Surrender and Appeal

If the judge commits the person, the matter moves to the Minister for the surrender decision. A person committed for surrender may appeal the committal to the Court of Appeal and seek judicial review of the Minister's surrender decision. Those two challenges are often heard together.

Appeals of a committal order must be initiated within 30 days.

What grounds will the Minister consider to deny an extradition order?

The Minister has a statutory discretion to refuse surrender. Relevant factors include:

  • surrender would be unjust or oppressive in all the circumstances;
  • the request is made to prosecute or punish the person based on race, religion, nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability, or status — or their position would be prejudiced on any of those grounds;
  • the conduct is punishable by death in the extradition partner;
  • the conduct constitutes a political offence or an offence of a political character;
  • the person would be entitled to a stay under Canadian law on the basis of prior acquittal or conviction;
  • the person was convicted in their absence and would have no right to review on surrender;
  • the person was under 18 at the time of the offence;
  • the conduct is already the subject of criminal proceedings in Canada;
  • none of the relevant conduct occurred in the territory over which the extradition partner claims jurisdiction.

The Minister must refuse to surrender where doing so would be unjust or oppressive or would shock the conscience. Humanitarian circumstances — health, family, risk in the receiving country — are commonly argued at this stage.

If the Minister refuses surrender, the person is discharged.

Can an extradition order be appealed?

Yes. A committal order, a detention order, and the Minister's surrender decision can all be challenged on appeal or judicial review. A person cannot be extradited until the appeal court has rendered a final decision on any outstanding appeals.

Extradition law is technical and fast-moving. Deadlines are short, and the rules of evidence differ from those at a criminal trial. If you are facing an extradition request, call Daniel Brown Law at (416) 297-7200 for a consultation.

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