Background

An extradition is the transfer of an accused from one state to another state of country that seeks to place the accused on trial. Extradition usually occurs when the person that is accused of a crime in a certain area flees that area. The Supreme Court of Canada has ruled that accused persons can be sent to other countries to face trial. However, it has ruled against extraditing people accused of capital offences (crimes punishable by death in some jurisdictions) to a country where the death penalty is legal, as they think that facing the possibility of a death penalty would violate that person’s right to life.

Key Legal Issues

Considerations according to the Canadian Department of Justice:

  • What is required in seeking extradition from a particular country, including evidentiary requirements; and
  • Whether extradition from a non-treaty country is possible, and what is required in pursuing such a request
  • If where the person is wanted is considered a flight risk or a danger to the community, it is possible to seek and obtain their provisional arrest on an urgent basis.
  • Most countries will require information that establishes that the conduct for which the person is wanted would be criminal in their country (dual criminality)
  • A person who is extradited to Canada may only be prosecuted for the offences on which they were extradited, unless the foreign state consents to Canada prosecuting him/her for other offences committed pre-extradition.

Case

R v.  Luka Magnotta

Luka Magnotta was convicted of first degree murder on December 23rd 2014 for the murder of Lin Jun, an international student, in May 2012. Lin Jun was an international student from Wuhan studying at Concordia University in Montreal, he was last seen on May 24th 2012 and reported missing on May 29th after some of his friends went to his apartment. On May 25th 2012 a video was uploaded to bestgore.com that showed a naked man tied to a bedframe being stabbed with an ice pick and a kitchen knife, the man was then dismembered, this was followed by necrophilia and some cannibalism. On May 29, 2012, a box containing a foot was delivered to the headquarters of the Conservative Party of Canada with a note saying that the perpetrator would kill again, a package containing a hand was found at a post office addressed to the Liberal Party, the other foot was delivered to St. Georges School and the other hand to False Creek Elementary School, all packages were marked with a red heart symbol. On May 31st a Red Notice was sent out for Magnotta by Interpol that he be arrested pending extradition back to Canada. On June 4th he was found by Berlin police and appeared in a court in berlin on June 5th. On June 18th he was flown back to Canada and went through a 12 week trial which he was charged with first degree murder and sentenced to life in prison, eligible for parole in 25 years.