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Showing posts with the label Canadian Extradition Act

"Judicial Independence" in Canadian Extradition Law

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The Canadian Extradition Act There is no "judicial independence" in Canadian extradition law.  Louise Arbour,  former UN High Commissioner for Human Rights, justice of the Supreme Court of Canada and Chief Prosecutor of the International Criminal Tribunals, has been trying to educate the Canadian public on this basic fact in Canadian law. The Canadian Extradition Act is available online and is clear (and I encourage you to click the hyperlink), in Canada, extradition is, ultimately, the responsibility of the executive branch of government (meaning the politicians we elect) not the judiciary.  Despite the obvious letter of the law, Prime Minister Justin Trudeau continues to stubbornly repeat the fallacy that "judicial independence" must be maintained in the Meng extradition trial. His use of the phrase "judicial independence" is proof that he has never looked at the Canadian Extradition Act.  Imagine: in a matter of minutes, anyone with an internet connecti…

Extradition from Canada to the USA: Why Meng's Chances of a Favourable Canadian Verdict Are Slim

Extradition by the numbersThis Extradition Fact Sheet from a Government of Canada website provides statistics on Canada-to-the-USA extradition cases over a ten year period from 2008 to 2018.  As you can see, once a  case is before a Canadian judge (as Meng's is now) only 8 times (total number of discharges/refusals in 10 years) of 798 US extradition requests has the court ruled in favour of the individual resisting extradition--roughly 1% of the time.


Fiscal YearTable note *Total number of requestsArrestsATP’s IssuedOrder of Committals Total number of discharges/ refusalsWithdrawalsTotal number of people surrendered2008-20099784674001612009-201011865633013492010-201113271581616612011-2012117937231

Why Does Everyone Care So Much about This Huawei Issue?

The Huawei case matters to Canadians I don’t know about “everyone,” but I can tell you why I, as a Canadian, “care so much about the Huawei issue.” In theory Canada and the USA are independent countries and trading partners. However, for most of my adult life, I have been aware of the argument that in practice the relationship is more like a colony and the empire which controls that colony. In this kind of colony-empire relationship the colony can benefit from the relationship and pursue its own interests, but when the interests of the colony and the interests of the empire are in conflict, the colony must always give priority to the interests of the empire. No case in my life time has more acutely demonstrated Canada acting against its own interests in order to serve the interests of the USA than the arrest and extradition of the Huawei CFO.

Diversifying our trading partners versus "the China clause"As an independent country it is in Canada’s obvious interest to diversify i…

Liberal Entropy: The Challenge of Doing Nothing

Conservative, Liberal, Socialist:  The Basics I used to baseline the three dominant political positions this way:  a conservative wants the country to stay more or less the way it is or has been, a socialist wants society to change and a liberal believes that everything will turn out fine if we do nothing.  Logically, the Conservative Party tends to attract the well-to-do who are enjoying the status quo.   A left-leaning party like the NDP (the only party I've ever been a member of) will find its numbers in the working and lower middle class.  The Liberal Party enjoys the advantage of the middle-class, middle ground while appearing socialist in public and being conservative in private.  The problem of the Liberal Party isn't so much hypocrisy (though some might rightly call it such) as coherence.  (See Truth and Coherence.)


Me a Liberal?!!  Okay, Maybe Sometimes. My lefty friends have occasionally accused me of being a liberal.  My conservative friends think I'm a lefty l…

When Chrystia Freeland Said that the Extradition of Huawei CFO, Sabrina Meng Wanzhou, Was Strictly a Judicial Affair, Was She Lying? Or Just Avoiding the Truth?

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Generally, I have been a Freeland admirer (see Saint Mathew Pray for Us).  I sympathized as she stood beside Mike Pompeo at a Washington press conference and had to come up with six different ways of saying that the arrest, detention and possible extradition of Huawei CFO, Sabrina Meng Wanzhou, was strictly a judicial affair--and in a "rule of law" country like Canada, the process was immune from political interference.



I believed her. I had already read the same claim in half a dozen news reports.  I repeated the claim myself. When a claim gets repeated that often, it's hard to resist the idea that it must be true.  Then, I had a look at the Canadian Extradition Act.  Here is what the Extradition Act actually says:

Withdrawal of the authority to proceed(3) The Minister may at any time withdraw the authority to proceed and, if the Minister does so, the court shall discharge the person and set aside any order made respecting their judicial interim release or detention.
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