Extradition request are specialized proceedings in Superior Court involving particular legal rules and principles which are very different from the criminal law applicable to cases arising from offences committed in Montreal or elsewhere in Canada. Defence of these criminal cases depends on very specific factors which require an understanding of the policy and history of extradition law.
Mr. Barbacki is able to combine his detailed knowledge of criminal law with a grasp of the principles underlying extradition so as to maximize the chances of avoiding the often disastrous consequences of extradition proceedings.
The Extradition Act was recently replaced and modernized and the Supreme Court has recently rendered several judgments interpreting the law in accordance with the principles of the Charter of Rights. Mr. Barbacki and his associate are currently writing a discussion paper which is expected to provide a framework for debate and resolution of important issues arising from the Extradition Act. Knowledge of these issues provides the ability defend extradition cases by challenging the constitutionality of extradition requests from Montreal and outlying districts and obtaining the exclusion of relevant evidence gathered in Montreal or elsewhere in Canada.
CBC interviews extradition specialist, Montreal criminal Lawyer Andrew Barbacki, about extradition procedure for Arthur Porter. (interview in French)
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