Does an authority to proceed under s. 15 and s. 14(1)(b)(ii) of the Criminal Code apply to a person who has been provisionally arrested, whether detained or released on judicial interim release?

British Columbia, Canada


The following excerpt is from United States of America v. Reumayr, 2005 BCCA 34 (CanLII):

In United States v. Manns, supra, this Court determined that an authority to proceed had not been issued until the day following the expiry of the time period in which it was to be made, and held that the appellant was therefore entitled to be discharged. The sections under consideration in Manns were s. 15 and s. 14(1)(b)(ii) of the Act which provide: 15.(1) The Minister may, after receiving a request for extradition and being satisfied that the conditions set out in paragraph 3(1)(a) and subsection 3(3) are met in respect of one or more offences mentioned in the request, issue an authority to proceed that authorizes the Attorney General to seek, on behalf of the extradition partner, an order of a court for the committal of the person under section 29. 14.(1) A person who has been provisionally arrested, whether detained or released on judicial interim release, must be discharged (a) * * * (b) if the provisional arrest was made pursuant to a request made under an extradition agreement that contains a period within which a request for extradition must be made and the supporting documents provided, (i) * * * (ii) when the request for extradition has been made and the documents provided within the period but the Minister has not issued an authority to proceed before the expiry of 30 days after the expiry of that period; ...

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