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GARY BOTTING

778-355-6106

garybotting@shaw.ca

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Extradition Appeals and Judicial Review

Time is limited when making an appeal. You need to act quickly and work with a lawyer who knows how to appeal your extradition.

Time is limited when making an appeal. You need to act quickly and work with a lawyer who knows how to appeal your extradition.

A highly experienced practitioner of extradition law, Dr. Gary Botting works diligently for his clients to protect their rights when they face extradition to another country to answer criminal allegations there. His firm, G.N.A. Botting, Barrister, is located in Greater Vancouver, BC, but he represents clients throughout British Columbia.

Dr. Botting is a published author in the area of extradition law. His published works include Extradition Between Canada and the United States (New York: Brill, 2005), the Extradition section of Halsbury's Laws of Canada (2015), and five editions of Canadian Extradition Law Practice (Markham: 2015) — currently the only text on extradition law in Canada – as well as Extradition: Individual Rights vs. International Obligations (Stuttgart, Germany: Lambert Academic Publishing, 2012).

Gary represents clients through each step of the extradition process. As a Vancouver extradition appeals lawyer, he is highly knowledgeable of the law of extradition, having written his doctoral dissertation on the subject: Judicial and Ministerial Discretion in Extradition Between Canada and the United States. He has experience representing individuals of many different national backgrounds in the Vancouver area.

Extradition Appeal and Judicial Review to the British Columbia Court of Appeal

Once an order of committal has been made by a judge, there is a 30-day time frame in which an appeal of the committal may be made to the British Columbia Court of Appeal. This time frame corresponds to the 30-day time frame for making submissions to Canada's Minister of Justice. After committal, the person must reapply for release on bail, this time to the Court of Appeal.

The appeal of the committal is usually put on hold until the Minister of Justice has rendered a decision to surrender the person for extradition. Then the appeal is combined with the judicial review of the Minister's surrender decision.

Assistance from an experienced extradition appeal lawyer is essential at this stage of the proceedings. As a Vancouver lawyer who focuses on extradition, Dr. Gary Botting has the skills and knowledge necessary to handle both appeals of extradition committal decisions and judicial reviews of extradition surrender decisions.

Occasionally it is necessary to take an unsuccessful appeal or judicial review to the Supreme Court of Canada. Also, if an individual wins an appeal or judicial review, the Attorney General and Minister of Justice usually appeal the matter to the Supreme Court of Canada. Either way, it is essential to retain the services of an experienced extradition lawyer to shepherd applications for leave to appeal to the Supreme Court of Canada within 60 days.