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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. |
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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 |
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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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