Is it improper for the United States to notify Canadian authorities of the presence of a person wanted for criminal charges?

British Columbia, Canada


The following excerpt is from Korea v Jung, 2019 BCSC 199 (CanLII):

One more quote from the case of Kissel v. United States, 2006 CarswellOnt 8044 (S.C.J.) (HL), where at para. 153 the following appears: … there is nothing improper about American authorities notifying Canadian authorities of the presence of a person wanted for criminal charges, thereby effectively initiating a process of investigation under Canadian immigration law. And slightly farther down in that same paragraph: It is not plausible to claim that Canadian authorities should sit idly by, rather than to investigate and act upon such information, because of the “risk” of effectuating a disguised extradition. This type of situation engages the public interest in the Canadian context.

In United States of America v. Quintin, [2000] O.T.C. 170 (S.C.J.) [Quintin], the person sought applied for stay of proceedings. Counsel for the person sought argued that it was not until the American authorities had expressed interest in the return of the person sought that immigration proceedings were commenced and, further, that it was not until the individual sought was granted bail that a provisional arrest warrant was sought and at that time, they argued that immigration authorities stalled the release of the person sought until the extradition warrant was obtained.

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