If you are wanted in another country for an alleged offence such as a conspiracy, fraud, trafficking in narcotics, sexual assault, smuggling, murder or any other criminal offence, you could be facing extradition. You are vulnerable to the uncertainties of that country's legal process and likely much harsher penalties — including having to serve prison time overseas.
The extradition process can be challenging, and requires the attention of a highly knowledgeable and skilled lawyer. It is critical that you work with a lawyer who is experienced and has a proven track record of successfully handling extradition matters.
Dr. Gary Botting is dedicated to defending anyone facing extradition as a result of criminal charges or an investigation for criminal offences either in Canada or abroad. His firm serves clients in Vancouver and throughout British Columbia through all stages of the extradition process and in related matters, including refugee claims and appeals, as well as alleged violations of the Criminal Code, the Controlled Drugs and Substances Act, and other statutes with penal sanctions.
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No other law practice in the country declares extradition as its primary area of practice. As a Vancouver criminal defence lawyer, Dr. Gary Botting is a master of focusing on the specific legal issues at hand and on devising plans that will yield the best results. When ordinary criminal defence lawyers take on extradition matters, they often have the wrong focus, regarding the extradition hearing as if it were a criminal trial or preliminary inquiry. It is neither. Preliminary research into the frailties of the record of the case is essential.
As an experienced extradition lawyer, Gary Botting will give proper focus to each aspect of the extradition process, from the provisional arrest, bail application, and extradition hearing to submissions to the Minister of Justice, judicial review of the Minister's decision, and the various appeals.
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Experience in extradition necessitates experience in criminal defence generally, from arrest to appeal. Gary Botting is the lawyer to contact for all your major criminal defence needs. He will provide answers to your questions and work with you through every step of the legal process. He will provide assertive representation and stand up for your rights. He will work to achieve the best possible result in the most efficient and effective manner.
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Steps in the Extradition Process
Extradition is a multistep process. Through this process, Canada may return an alleged criminal to the state or entity that has the authority to prosecute the person or enforce a sentence. Gary Botting represents clients at every stage of the extradition process, including:
The first step in the extradition process is an investigation, during which law enforcement officers might conduct the Extradition Act or the Criminal Code. With proper representation it is possible to challenge searches, seizures and requests to send crucial evidence to the requesting country.
If there is a warrant out for your arrest in a foreign country and you are believed to be in or travelling to or through Canada, a provisional arrest warrant or extradition warrant may be issued for your arrest in Canada. You will need a lawyer to ensure that your Charter rights are protected.
Show cause and bail hearings
After arrest, you have the right to be released from detention on bail unless the Attorney General of Canada can show cause to keep you detained. It is essential to have affidavits and letters of support in place before your show cause hearing; otherwise you could be refused bail and spend a long time in jail before another opportunity to make bail arises.
If the requesting country or the Attorney General has taken shortcuts with or misrepresented the evidence or has indulged in abuse of process, you will need an experienced lawyer to apply for a stay of proceedings.
This is a critical step of your case. In determining whether to commit a person for extradition, the extradition judge must act judicially. It is essential that you have an experienced Vancouver extradition lawyer represent you so that the committal or discharge decision is made according to law.
If the judge fails to act judicially or makes an error of law or fact and law, you have the right to appeal to the British Columbia Court of Appeal. You will need an experienced lawyer to initiate and advance your appeal.
If you are committed for extradition, you have 30 days to make a written submission to Canada's Minister of Justice. In this submission, you will need to make a persuasive argument to avoid surrender for extradition.
If the Minister decides to surrender for extradition, you have the right to apply for judicial review of that decision. Again, experienced counsel is essential.
Appeal to the Supreme Court of Canada
Both the appeal and judicial review decisions of the Court of Appeal can be appealed, with leave, to the Supreme Court of Canada. Experienced counsel is essential for success both in seeking leave and in the appeal itself.
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Gary Botting is experienced in every step of the extradition process. He focuses almost exclusively on extradition law and major criminal matters, especially appeals, and has in-depth knowledge of the legal procedures and processes involved. He often represents American, European, Mexican, Central and South American, Chinese, Filipino, Indian, Punjabi, Iranian and other Middle Eastern individuals in the Vancouver area who are facing removal from Canada for violent crimes such as murder, sexual assault or arson, and for drug charges or alleged telemarketing fraud.
He takes time to explain the legal issues with his clients, to inform them of their rights and to work to develop a defence that fully protects their interests. His services are cost-effective and tailored to meet each of his client's individual needs. He is often consulted on extradition by other lawyers.
The best time to seek assistance from a lawyer is immediately. By working with a lawyer who is highly experienced in extradition, you will know that you have someone in your corner who is prepared to pursue your best interests.
To schedule a free initial consultation, contact Gary Botting at the number above.
He will make jail visits upon request. Legal aid-approved clients are welcome for extradition matters. Legal aid services information can be found at http://www.lss.bc.ca/.