Canada's legal and operational framework for extradition and mutual legal assistance is in need of significant reform to address delays and capacity issues. These challenges are compounded by growth in transnational crime (such as terrorism, cybercrime, drug trafficking, human trafficking, child pornography, and money laundering) and the complexity of multi-jurisdictional investigations and prosecutions.
For example, the average time for a Canadian criminal proceeding for more serious matters (e.g. homicide) from first appearance to case completion is 391 days. By comparison, it takes on average approximately 2 1/2 years to process an extradition case from the time the extradition request is received in Canada to the time the person is surrendered to the requesting state. In exceptional circumstances, this can take much longer. For example, in the case of Rakesh Saxena, it took 13 years to surrender him to Thailand to face fraud charges.
- 1Brennan, S. 2012. Police-Reported Crime Statistics in Canada, 2011. Ottawa, ON: Statistics Canada. Last accessed February 1, 2013, from http://www.statcan.gc.ca/pub/85-002-x/2012001/article/11692-eng.pdf
- 2Ibid.
- 3Ibid.
- 4Ibid.
- 5Ibid.
- 6Carrington, P., Matarazzo, A., and deSouza, P. (2005). Court careers of a Canadian birth cohort. Crime and justice research paper series. (Cat. No. 85-561-MIE — No. 006). Ottawa, ON: Statistics Canada. Retrieved March 29, 2010 from http://www.statcan.gc.ca/pub/85-561-m/85-561-m2005006-eng.pdf.
- 7Zhang, T. (2008). The Costs of Crime in Canada, 2008. Ottawa, ON: Department of Justice Canada. Retrieved February 1, 2013, from: http://canada.justice.gc.ca/eng/pi/rs/rep-rap/2011/rr10_5/index.html.
- 8Latimer, J.and Lawrence, A. (2006). The Review Board Systems in Canada: An Overview of Results from the Mentally Disordered Accused Data Collection Study. Ottawa, ON: Department of Justice Canada. Retrieved February 1, 2013, from /eng/pi/rs/rep-rap/2006/rr06_1/rr06_1.pdf.
- 9Dauvergne, M. (2012). Adult criminal court statistics in Canada 2010/2011. Retrieved February 1, 2013 from www.statcan.gc.ca/pub/85-002-x/2012001/article/11646-eng.pdf.
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Department of Justice Canada
February 2013