back to top ↑



Menu Close Menu
The Extradition Hearing

The extradition hearing is one of the most critical parts of the extradition process, so choosing the right lawyer to handle your case — early — is utterly important. Your lawyer must be knowledgeable in extradition law and must fully understand how to prepare your case to give you the best opportunity to present evidence in your defence.

Over the past quarter century, Dr. Gary Botting has dedicated his career to extradition, criminal defence, criminal appeals and related matters in the Victoria and Vancouver area. He is highly knowledgeable of extradition law and entirely committed to protecting his clients' rights. When working with Gary, his clients can expect the attention and dedication their situation deserves. He has experience handling cases for U.S., Chinese, Filipino, Indian, Punjabi, Iranian, Syrian and other Middle Eastern nationals in the Vancouver area.

Challenging the record and offering evidence in the hearing

In your extradition hearing, your lawyer must know how to challenge the record of the case. The record of the case is a summary of the evidence certified to be available for trial by a "prosecutorial authority" of the requesting country.

Persons facing extradition are not allowed to offer evidence in an extradition hearing unless it directly undermines the record of the case. But the record of the case is presumed to be reliable by Canadian judges. A classic Catch-22! That means that the person sought for extradition always has an uphill battle.

Extradition is not designed to be fair. It is only designed to be efficient: to deliver up an accused person to the requesting country with a minimum of fuss. Individual rights are often no match for "international cooperation." Nevertheless, once in a while, an extradition judge refuses to commit the person for extradition — in which case the person must be discharged.

Focused almost exclusively on extradition and major criminal law matters, Dr. Gary Botting has gained the skills, knowledge and experience necessary to provide the strongest defence for his clients in extradition hearings. He carefully analyzes evidence presented by the Attorney General on behalf of the requesting country to determine what can and should be challenged. He asks the critical questions and challenges the Attorney General's agents every step of the way. Most importantly, he understands in detail the fundamental differences between extradition matters and other criminal proceedings, and will use his knowledge to help pursue his clients' best interests.

Evidence at extradition hearings

An individual is not allowed to testify or even present evidence in his or her own defence at an extradition hearing unless the extradition lawyer is able to show, in advance, that the testimony will somehow undermine the record of the case. Dr. Gary Botting has the expertise and knowledge to represent clients properly in extradition hearings and to question the evidence presented in the record of the case. He can provide you with advice regarding the evidence in your case and whether testifying can help in your defence.