Fact Sheet

Facts Regarding the Execution of Surrender Orders

• The first duty of the Minister of Justice and Attorney General of Canada is to uphold the rule of law. This includes ensuring respect for the provisions and safeguards enacted by Parliament in the Extradition Act.

• As governed by the Extradition Act passed by Parliament, the Minister of Justice and Attorney General has no power to change the 45-day period mandated by Parliament. In these circumstances, only a court of law has the power to stay the execution of the surrender order.
  

• Parliament has also specifically provided that the execution of a surrender order is stayed where there is an appeal or judicial review of a surrender order.

• On Nov 27, Mr. Schreiber made an application for a stay of the execution of the surrender order. On the same day, The Minister instructed counsel to consent to an order issuing a stay of the surrender order. The Court of Appeal granted the stay application, stopping the 45-day “clock” until a decision is made by the Supreme Court of Canada on Mr. Schreiber’s leave application.

• In our system of government, we must respect the separation of powers between the executive, legislative, and judicial branches of government.

• The Minister of Justice and Attorney General of Canada will continue to uphold the rule of law and fulfill his duty diligently.

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Department of Justice Canada
November 2007