Government Releases Independent Review of Dr. Hassan Diab Extradition
July 26, 2019 - Ottawa - Department of Justice Canada
Canada is a country governed by the rule of law. Extradition in Canada is guided by the Extradition Act, international treaties and the Canadian Charter of Rights and Freedoms.
The Government of Canada today released the report produced by Murray Segal as a result of his independent review of the extradition of Dr. Hassan Diab to France. The government committed to this review to assess whether the law was followed in this case, determine if any approaches require improvement and identify any specific concerns to address with our extradition partner.
The 124-page report represents a thorough examination of the circumstances leading to Dr. Diab’s extradition in 2014, and shows that the Extradition Act and Treaty obligations in this case were followed. Mr. Segal concluded that throughout Dr. Diab’s extradition proceedings, the Department of Justice employees acted, at all times, in accordance with the law and their professional and ethical obligations. The report explains how the extradition process is highly complex and how the legal system in France is significantly different from the system in Canada. Mr. Segal noted that these differences, including how different steps unfold, need to be taken into account when explaining the process to Canadians.
The report also highlights areas of potential improvement to the extradition process, based on Mr Segal’s review of the Diab case. Specifically he provides 14 recommendations for the Minister’s consideration. These recommendations touch on operational policies and ways to increase the transparency, fairness and efficiency of the extradition process.
The Government of Canada welcomes Mr. Segal’s recommendations and is working to implement them.
“I understand Dr. Diab wants answers surrounding his extradition to France and I am concerned about the length of time he spent in detention. I want to thank Mr. Segal for his work and believe his report and recommendations provide a thorough examination of this matter and improvements we can make to the process moving forward. This independent review allows us to learn from this complex case so that we can do better to serve Canadians and work more effectively with our extradition partners.”
“Public servants who are legal counsel for the government carry out their duties based on expertise, values and ethics, and professional obligations and standards. I think it is important to highlight Mr. Segal’s conclusion that throughout this extradition process, departmental employees performed their work with integrity and professionalism.’’
The Honourable David Lametti, P.C., Q.C., M.P.
Minister of Justice and Attorney General of Canada
Following extradition and appeal proceedings in Canada, Dr. Diab was extradited to France in 2014. Dr. Diab returned to Canada in January 2018 after being released from a French prison in January 2018. France had previously sought Dr. Diab’s extradition as a suspect in a 1980 bombing in that country.
The Minister of Justice and Attorney General launched the external review on July 5, 2018. Mr. Segal was appointed to independently conduct his review and was provided with the tools, information and access necessary to conduct a thorough review.
Mr. Segal is a former Deputy Attorney General for Ontario and is the former Chief Prosecutor for Ontario, with more than 30 years of experience in law and government.
For more information, media may contact:
Office of the Minister of Justice
Department of Justice Canada
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