Prosecuting and Defending Extradition Cases: A Practitioner's Handbook
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Prosecuting and Defending Extradition Cases: A Practitioner's Handbook

Nancy L. Dennison, Seth Weinstein
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General Editors: Brian H. Greenspan and Justice Vincenzo Rondinelli

The extradition process contains many checks and balances to uphold international obligations and protect the rights of the person sought. Because these cases are a unique form of international cooperation that deals with the liberty of an individual, it is of paramount importance that practitioners are knowledgeable on all aspects of the process. To that end, Nancy L. Dennison (acting General Counsel, Department of Justice) and Seth Weinstein (Partner at Greenspan Humphrey Weinstein) have created a practical, comprehensive handbook to assist practitioners through the extradition process from start to finish.

Prosecuting and Defending Extradition Cases: A Practitioner’s Handbook is a clear, concise guide to the procedural, tactical, and strategic elements of extradition cases, featuring perspectives from both defence and Crown counsel. Relevant case law and legislation has been compiled and analyzed to offer a thorough understanding of the principles of extradition, requisite legislation, treaty obligations, and protocols.

Unlike other texts on the subject, this guide is practice-oriented. Sample documents, flow charts, and checklists are included to prepare readers for the practices and procedures involved in extradition proceedings.

This text is Volume 3 in Emond's Criminal Law Series.

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  • ISBN/ISSN: 978-1-77255-211-9
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  • Cover: Softcover

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  • ISBN/ISSN: 978-1-77255-213-3
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ISBN
978-1-77255-211-9
Page Count
500
Publisher
Emond Publishing
Publication Date
April 2017
Status
Available
Subjects
Criminal Law and Procedure; Criminal Law Series
Tags
Practice Canadian Law

  • Foreword by John Norris
  • In-depth analysis of relevant case law
  • Sample forms and materials used in extradition proceedings
  • Information on treaties and their role in the process

1. What is Extradition?
2. How Extradition Proceedings Commence
3. Bail
4. Options on how to Proceed
5. Public Funding of Counsel at the Committal Hearing
6. Related Proceedings
7. The Authority to Proceed
8. Disclosure
9. Charter Challenges at Extradition Hearings
10. The Committal Hearing: An Overview
11. Proving and Fighting Committal: Evidentiary Issues
12. Identification
13. Post-Committal Procedures
14. Submissions to the Minister and Minister’s Surrender Decision
15. Appeal from Committal
16. Application for Judicial Review
17. What Happens if the Surrender Order is Upheld

Chapter 4: Options on How to Proceed

“Prosecuting and Defending Extradition Cases is a top notch legal resource that is long overdue. Extradition is a specialized area of law that is both nuanced and particular, yet one that few practitioners have the opportunity to learn in depth before they find themselves in it. Even seasoned criminal law practitioners and the most experienced jurists face an enormous learning curve when approaching this area of law for the first time. The authors have created an incredibly practical guide. The book includes useful documentary precedents, references and leading extradition jurisprudence across Canada and is organized to follow the multiple-step process of an extradition proceeding. These features make it incredibly useful to those who litigate and preside over extradition cases. That the book is presented from both the Crown and defence perspective only underscores its value. It is a balanced, clearly executed and thorough guide that will undoubtedly become the ‘go to’ resource for anyone who deals with extradition in Canada.”

— Richard Kramer, General Counsel, Department of Justice

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Seth and Nancy have provided a clear and useable analysis of the leading jurisprudence to equip counsel on both sides of the courtroom for the litigation of these and many other important issues. This book will quickly become an essential reference for legal professionals involved in the conduct of extradition matters.

- John Norris, Barrister, Simcoe Chambers

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