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Q: Law ( Answered,   5 Comments )
Question  
Subject: Law
Category: Miscellaneous
Asked by: bonnoche-ga
List Price: $2.00
Posted: 04 Oct 2004 09:39 PDT
Expires: 03 Nov 2004 08:39 PST
Question ID: 410120
Is there a reciprocal extradition agreement for crimes committed in
Canada such as a DUI committed in Toronto, but the individual lives in
Dallas Texas.
Answer  
Subject: Re: Law
Answered By: nenna-ga on 15 Oct 2004 14:58 PDT
 
Good afternoon bonnoche-ga!  

In answer to your question, yes, Canada and the United States have a
bilateral extradition treaty which was signed by Gerald R. Ford on
December 3, 1971.  However, there are some instances where you cannot
be extradited, which are listed in Article 4 of this treaty.

http://www.internationalextradition.com/canada_bi.htm


I hope this answered your question and should anything need further
clarification, please let me know.  Thank you.

Nenna-GA
Google Answers Researcher
Comments  
Subject: Re: Law
From: brownman40-ga on 05 Oct 2004 15:34 PDT
 
There is a reciprocal exchange agreement between Canada and the US.

However the authorities do not extraddite on all offenses.  Usually
the NCIC only keeps information on wants, warrants. and
arrests/convictions for felonies and serious misdemeanors and
Canada-wide Warrants.

Now, DUI in Toronto more than likely will be an indictable offence
(DUIs are felonies in Canada), and thus the warrant should show up on
NCIC.  However a DUI in Dallas will not show up on a scan done in
Toronto.

If the DUI warrant shows up on NCIC, which I believe it more than
probably will, chances are you will be arrested.

The question then becomes ... will you be extradited?  Because of the
dual-illegality clause, chances are you will not be able to be
extradited.  The dual-illegality states that the crime has to be
punishable by at least a year in jail in both jurisdictions.
Subject: Re: Law
From: brownman40-ga on 05 Oct 2004 15:41 PDT
 
http://www.fas.org/irp/agency/doj/fbi/is/ncic.htm
Subject: Re: Law
From: brownman40-ga on 05 Oct 2004 20:20 PDT
 
It's best to take the information from the NCIC webpage then it is
from my first post.
Subject: Re: Law
From: brownman40-ga on 05 Oct 2004 23:36 PDT
 
Here is the bilateral agreement between Canada and the US.

http://www.internationalextradition.com/canada_bi.htm

In general, I would not worry about arrest or extradition.  An offense
has to be punishable by a least a year in jail in both jurisdictions. 
DUI for a first offense is only punishable by six months in Texas
(Class B misdemeanor).

Now, to be on the safe side, you can do a FOIA/Privacy Act request with NCIC.
Subject: Re: Law
From: gaudimila-ga on 13 Oct 2004 20:12 PDT
 
Relevant and related information on the deportation and immigration
consequences of a DUI can be found here:

http://www.duinetwork.com/dui/tennessee/getxmldoc/content/other_dui_costs.html#immigration

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