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Extradition Act

Version of section 47 from 2003-04-01 to 2024-05-28:

Marginal note:When Minister may refuse to make order

 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

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