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Saturday, February 22, 2014 10:03:03 PM
There are three key stages to the Canadian extradition process:
The Minister of Justice must determine whether to authorize the commencement of extradition proceedings in the Canadian courts by issuing an "Authority to Proceed";
Where an Authority to Proceed has been issued, the Canadian courts must determine whether there is sufficient evidence to justify the person's committal for extradition; and
Where the person is committed for extradition, the Minister of Justice must personally decide whether to order the person's surrender to the foreign state.
A person sought for extradition may appeal their committal and seek judicial review of the Minister's surrender order.
In all cases, the conduct for which extradition is sought must be considered criminal in both the requesting country and in Canada. This is known as "dual criminality".
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