Extradition

Being targeted for extradition by a foreign government is one of the most terrifying and legally complex scenarios imaginable. The fear of being removed from your home, your family, and your country to face prosecution or imprisonment in a foreign legal system is immense, and the anxiety you are feeling right now is completely justified.
At Jajou Law, led by criminal defense lawyer Lary Jajou, we understand the monumental stakes involved in international criminal matters. We do not sugarcoat the reality: extradition cases are highly political, aggressively pursued, and notoriously difficult to fight. However, you are not without rights. We provide specialized legal counsel aimed at ensuring your constitutional protections are rigorously defended against foreign legal claims.

A common and dangerous misconception is that Canadian citizens cannot be extradited, or that the Canadian government will automatically protect you from foreign prosecution. In reality, under the Extradition Act, Canada regularly surrenders individuals to international treaty partners—most notably the United States—based on the principle of mutual trust between justice systems.

The extradition process in Canada is not designed to determine your guilt or innocence; it is designed to determine if there is enough evidence to send you away to stand trial. The process involves three distinct, high-stakes phases:

-Authority to Proceed: The federal Department of Justice decides whether to commence the proceedings based on the foreign request.

-The Judicial Phase (Committal Hearing): A Canadian judge determines if the foreign evidence is sufficient to justify committal, and whether the alleged conduct would actually be considered a crime in Canada (the rule of “double criminality”).

-The Ministerial Phase (Surrender): The Minister of Justice makes the final, politically charged decision on whether to physically surrender you to the requesting country.

If you are surrendered, you face the prospect of foreign pre-trial detention, unfamiliar legal systems, and potentially devastating sentences that far exceed Canadian standards. You need a lawyer who understands the intersection of international treaties, Canadian criminal law, and constitutional rights.

Defending an extradition request requires fighting on multiple fronts simultaneously—both in the courtroom and at the political level. Lary Jajou takes a meticulous, aggressive approach to challenging the foreign state’s reach into Canada:

1. Attacking “Double Criminality”
Canada will not extradite you for an act that is not considered a crime here. We strictly analyze the foreign allegations against the Canadian Criminal Code. If the alleged conduct does not amount to a criminal offense under Canadian law, we will fight to have the extradition request dismissed at the judicial phase.

2. Challenging the Foreign Evidence
During the committal hearing, the foreign state relies on a “Record of the Case”—a summary of the evidence against you.While the standard of proof is frustratingly low for the foreign state, it is not absolute. We aggressively scrutinize this record for glaring omissions, unreliable information, or fundamental flaws that negate a prima facie case.

3. Protecting Your Charter Rights
Your rights under the Charter of Rights and Freedoms still apply. We vigorously argue against your surrender if extradition would “shock the conscience” of Canadians or violate principles of fundamental justice (Section 7), or if it represents an unjustifiable infringement on your right as a Canadian citizen to remain in Canada (Section 6).

4. Ministerial Advocacy
Because the final decision to surrender rests with the Minister of Justice, a successful defense requires highly persuasive advocacy outside the courtroom. We prepare comprehensive legal and humanitarian submissions to the Minister, highlighting why your surrender would be unjust, oppressive, or politically motivated.

When you are fighting the combined resources of the Canadian government and a foreign state, you cannot afford passive representation. Lary Jajou provides candid, straightforward legal advice. We will clearly explain the strength of the foreign request, outline the severe risks, and develop a comprehensive strategy designed to keep you in Canada.

We balance our deep empathy for the personal crisis you are facing with a relentless, highly technical approach to the law, ensuring that foreign authorities are forced to meet every strict legal standard before they can affect your freedom.

Extradition matters often begin with a sudden arrest on a provisional warrant. If you are detained, or if you suspect a foreign government is seeking your arrest, do not travel internationally and do not speak to any law enforcement agencies. Exercise your right to remain silent.

Time is critical in international matters. Contact Lary Jajou at Jajou Law today at +1 (647) 269-4233 or fill out our secure Online Contact Form for a highly confidential, urgent case evaluation.