Relations between Canada and China remain extremely tense. China is detaining two Canadians, Michael Kovrig and Michael Spavor, over national security allegations that Canada is considering retaliation for the arrest of Huawei director Meng Wanzhou in Vancouver in 2018 under an extradition order from the United States. As a general rule, an extradition treaty requires that a country requesting extradition be able to prove that no country in the world has an extradition agreement with all other countries; For example, the United States lacks extradition agreements with China, Russia, Namibia, the United Arab Emirates, North Korea, Bahrain and many other countries.   (See U.S. Extradition Act) How can someone get bail for an extradition charge? Some countries only allow the extradition of foreigners. Canada is not one of those countries. As a result, Canadian citizens may also be extradited to an extradition partner. Extradition involves the surrender of a person by a country (e.g. B Canada) to another person for the purpose of prosecuting the person or imposing or enforcing a sentence on the person.
An extradition bail hearing takes place before the Supreme Court and generally follows the same procedures as bail hearings for criminal complaints. Through the adoption of laws or the conclusion of contracts or agreements, countries determine the conditions under which they can counter or refuse extradition requests. Respect for fundamental human rights is also an important reason for the rejection of certain extradition requests. It is customary for exceptions to human rights to be specifically included in bilateral treaties.  Such bars may be invoked with respect to the treatment of the person in the host country, including his or her procedure and conviction. These restrictions may also be extended to take into account the impact on the person`s family when extradition takes place. Therefore, the human rights recognized by international and regional agreements can serve as a basis for rejecting extradition requests. However, cases where extradition is refused should be considered independent exceptions and will only occur in exceptional circumstances.  In this way, the right of extradition must allow for the surrender of a person to prosecution by a country other than for the most serious crimes. Smaller problems may arise due to different criminal qualifications. For example, in the United States, crossing national borders is a prerequisite for certain federal crimes (otherwise, crimes such as murder, etc., are dealt with by state governments, except in certain circumstances such as the murder of a federal official). It is understandable that this transport clause is absent from the legislation of many countries.
Extradition contracts or subsequent diplomatic correspondence often contain a language that provides that these criteria should not be taken into account when it comes to a criminal offence in which extradition should apply. Can Canada extradite a person to an extradition partner for any type of offence? It is possible to appeal an extradition decision and a large number of other decisions that may occur at the extradition hearing, including the bail order and the Minister`s order to extradite a wanted person for extradition. . . .