Listen to the podcast entitled “How Much Justice Is There in Canada’s Extradition Process?”, released by the Centre for Free Expression’s at Toronto Metropolitan University.
Panelists:
- Donald Bayne, Distinguished criminal defence lawyer and counsel for Hassan Diab
- Julianna Greenspan, Senior partner at Greenspan Partners with extensive experience in extradition matters
- Joanna Harrington, Eldon Foote Chair in International Business and Law, and Vice Dean, Faculty of Law, University of Alberta
Moderator:
- Robert Currie, Viscount Bennett Professor of Law, Schulich School of Law, Dalhousie University
The podcast questions whether Canada’s extradition system strikes the right balance between international cooperation and individual rights. The main concern is that almost everyone sought for extradition is sent abroad, raising questions about whether the safeguards are sufficient.
Dr. Hassan Diab’s case illustrates three injustices:
- Weak evidence: Canada allowed Hassan’s extradition despite serious concerns about the reliability of the handwriting evidence against him.
- Limited defence rights: An extradition hearing is not a criminal trial, so the person cannot challenge the foreign evidence as fully as they could at trial.
- Severe consequences: Hassan spent years in French custody before being released and returning to Canada, illustrating the human cost of an unfair extradition decision.