Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section D. Political offence exception to extradition
Canada’s Extradition Act (1999), as amended to 2005, states:
46. (1) The Minister [of Justice] shall refuse to make a surrender order if the Minister is satisfied that
(b) the conduct in respect of which extradition is sought is a military offence that is not also an offence under criminal law; …
(c) the conduct in respect of which extradition is sought is a political offence or an offence of a political character.
(2) For the purpose of subparagraph (1)(c), conduct that constitutes an offence mentioned in a multilateral extradition agreement for which Canada, as a party, is obliged to extradite the person or submit the matter to its appropriate authority for prosecution does not constitute a political offence or an offence of a political character. The following conduct also does not constitute a political offence or an offence of a political character:
(a) murder or manslaughter;
(b) inflicting serious bodily harm;
(c) sexual assault;
(d) kidnapping, abduction, hostage-taking or extortion;
(e) using explosives, incendiaries, devices or substances in circumstances in which human life is likely to be endangered or serious bodily harm or substantial property damage is likely to be caused; and
(f) an attempt or conspiracy to engage in, counselling, aiding or abetting another person to engage in, or being an accessory after the fact in relation to, the conduct referred to in any of paragraphs (a) to (e).
The grounds for refusal set out in section … 46 … do not apply in the case of a person who is the subject of a request for surrender by the International Criminal Court.