Currie, Harrington and Neve: Overhaul Canada’s unjust approach to extradition

, of Ottawa, was extradited to France, accused of carrying out a horrific terrorist bombing in Paris in 1980. He was extradited even though the judge found that “the prospects of conviction in the context of a fair trial, seem unlikely.” He was held in solitary confinement in a maximum-security prison for more than three years before he was released and returned to Canada, because investigating judges found no evidence to justify bringing him to trial.

• Many states do not allow their own nationals to be extradited. France is one such country, but has no compunction about expecting Canada to turn over its own citizens. Citizens have the right to “remain in Canada” under section 6 of our Charter. Whenever possible Canadians should be tried here, rather than extradited.

• Extradition should only be permitted if the requesting state is ready to go to trial. It is not meant to be a fishing trip; there are other tools available if a government is still investigating.

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