From: Learning About Law
McGraw Hill Ryerson Copyright 1997
Chapter 9 Criminal Law Part 2 181
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"GLOBAL WATCH
How are accused persons arrested if they flee to another country? Police from one country cannot simply walk into another country and seize accused persons - police do not have any powers beyond their own country's borders. In addition, the police of a country cannot arrest a person for a crime that was committed outside the country's borders.
EXTRADITION is the process by which a person accused or convicted of a crime is returned to the country in which the crime was committed for trial or punishment. Extradition treaties are usually negotiated between two countries. Such treaties provide a diplomatic and judicial process for returning accused persons and criminals. In the absence of extradition treaties, the only way for a country to get an accused person or convicted criminal who is in another country is to hire bounty hunters who, in effect, kidnap the criminal to take him or her back to the country in which the crime was committed.
Because Canada and the United States have an extradition treaty, United States officials will be able to extradite the Canadians if certain requirements are met:
. The offence committed by the Canadians is one listed in the extradition treaty as an "extraditable crime". These crimes are usually very serious ones like murder, counterfeiting, forgery, theft and fraud.
. The crime committed is an offence in both the United States and Canada. Acts like euthanasia or abortion might not be criminal acts in both countries.
. The proper procedure is followed for the extradition. A request for extradition must be made through dipolmatic channels. Once the Canadian government has a request from American officials, then Canadian police can issue a warrant for the arrest of the fugitives. Once arrested, the accused are brought before a judge to determine whether there is enough evidence to justify a trial if the offence had been committed in Canada. If there is enough evidence, the accused people are surrendered to American authorities unless they will possibly face the death penalty. In such cases, the Canadian government may hold the people until the American government assures that the death penalty will not be used."