EXTRADITION FROM CANADA

1. Extradition involves the surrender of a person by a state (such as Canada) to another state or, in some cases, to an international organization, to allow for trial of that person by the receiving state or organization. The extradition process from Canada may be described as a 3-step process. The 1^st step is the receipt by Canada of evidence from another state that the alleged conduct of the person sought while that person was in the jurisdiction of the requesting country, would have been a crime if committed in Canada (“dual criminality”) and which could have been punishable by 2 or more years of incarceration. Once arrested, the person may be released on bail or other conditions, or may be held in custody pending the extradition hearing.

2. The 2d step is the extradition hearing which occurs in front of a judge and in public, although the judge may issue an exclusion order or a ban on publication of evidence. At the extradition hearing, the judge must satisfy himself that the person before him is in fact the person identified by the requesting state. And even on this issue, it is not necessary that the offense have the same name in both jurisdictions.

3. At the extradition hearing, full Charter of Rights and Freedoms rights are not afforded to the person for whom extradition is being sought. In particular, the extensive disclosure rights given to Canadian citizens facing a domestic criminal trial are not available in extradition procedures. At the end of the extradition hearing, the judge must either discharge the person or order his committal to the Minister of Justice. There is a 30 day appeal or judicial review.

4. The 3d step of the extradition process from Canada involves the Minister of Justice. This last process can be heavily political. In practice, extradition matters are often expedited by way of waivers and consents. If the Minister of Justice does not discharge the person, he is then surrendered to the other state and the extradition process is essentially complete.

Определите, является ли утверждение:

The extradition procedure in Canada is reconsidered annually.

-: ложным

-: истинным

-: в тексте нет информации

COURT

1. A court is a public forum used by a power base to adjudicate disputes and dispense civil, labour, administrative and criminal justice under its laws. In common law and civil states, courts are the central means for dispute resolution, and it is generally understood that all persons have an ability to bring their claims before a court. Similarly, those accused of a crime have the right to present their defense before a court. A court is a kind of deliberative assembly with special powers, called its jurisdiction, the power of a court over a person or claim, to decide certain kinds of judicial questions or petitions put to it.

2. In the United States a court must have both personal jurisdiction and subject matter jurisdiction. Each state establishes a court system for the territory under its control. This system allocates work to courts or authorized individuals by granting both civil and criminal jurisdiction. The grant of power to each category of court or individual may stem from a provision of a written constitution or from an enabling statute. In English law, jurisdiction may be inherent, deriving from the common law origin of the particular court.

3. Court facilities range from a simple farmhouse for a village court in a rural community to huge buildings housing dozens of courtrooms in large cities. A court typically consists of one or more presiding officers, parties and their attorneys, bailiffs, reporters, and perhaps a jury.

4.Courts may be classified as a trial courts (sometimes termed “courts of first instants”) and appellate courts. Some trial courts may function with a judge and a jury: juries make findings of facts under the direction of the judge who reaches conclusions of law and, in combination, this represents the judgment of the court. In other trial courts, decisions of both facts and law are made by the judge or judges. Juries are less common in court systems outside the Anglo-American common law tradition.

Определите, является ли утверждение:

A court is the only one way for dispute resolution.

-: в тексте нет информации