Extradition Act

The Provisional Arrest Warrant and Authority to Proceed process under Canadian law involves several steps:

Provisional Arrest Request

• A provisional arrest request can be made by an extradition partner to the Minister through Interpol or directly.
• The request must meet certain conditions, including that the offence is punishable in Canada.

Warrant for Provisional Arrest

• If the Minister approves the request, they may authorize the Attorney General to apply for a provisional arrest warrant.
• A judge can issue a warrant for the provisional arrest of a person if satisfied that there are reasonable grounds to believe it's necessary in the public interest to arrest the person.

Authority to Proceed

• The Minister must be satisfied that the conditions set out in paragraph 3(1)(a) and subsection 3(3) are met in respect of one or more offences mentioned in the request.
• If the conditions are met, the Minister can issue an authority to proceed that authorizes the Attorney General to seek an order of a court for the committal of the person under section 29.

Arrest or Summons Following Authority to Proceed

• The Attorney General may apply ex parte to a judge in the province where the person is or was last known to be for the issuance of a summons or warrant.
• A warrant can be issued if the person has been provisionally arrested, and a summons can be issued otherwise.

Appearance

• A person who is arrested must be brought before a judge or justice within 24 hours after arrest.
• If no judge or justice is available during this time, the person shall be brought before a judge or justice as soon as possible.