As a result of their deliberations committees may make Recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Recommendation 1

That the Government of Canada commission an independent review of all extradition treaties and identify partners with a history of serious human rights violations.

Recommendation 2

That the Government of Canada modernize outdated treaties and withdraw from treaties with partners that seriously contravene international human rights standards.

Recommendation 3

That the Government of Canada examine whether domestic extradition law and processes adequately reflect international standards.

Recommendation 4

That the Department of Justice’s International Assistance Group receive the training it needs so that it can conduct gender-based analysis plus in the course of its duties.

Recommendation 5

That the Extradition Act be amended to add the risk of torture as grounds to deny an extradition request for a person sought.

Recommendation 6

That the Extradition Act be amended to require the Government of Canada to negotiate diplomatic assurances with partner countries when there is a potential risk of torture following extradition, and that Canadian courts be authorized to order the Government of Canada to negotiate such assurances.

Recommendation 7

That the Department of Justice collaborate closely with the Department of Foreign Affairs to negotiate diplomatic assurances, and that the Department of Justice also participate in the follow-up to ensure that extradition partners in fact adhere to these conditions.

Recommendation 8

That the Extradition Act be amended to give Canadian courts, in the case of abuse of process by a partner state, the power to refuse to order the detention, thereby halting the extradition process.

Recommendation 9

That the Extradition Act be amended to lower the required threshold to rebut the presumption of reliability of the extradition partner’s record of the case at the committal hearing.

Recommendation 10

That section 33 of the Extradition Act be amended to enshrine an obligation for a partner state to undertake the holding of the trial of a person sought for extradition within a year of the surrender to the foreign state.

Recommendation 11

That the Extradition Act be amended to add a legal obligation for the Department of Justice to disclose to the person sought for extradition any exculpatory evidence in its possession or that it knows of that could compromise or weaken the request of the partner state.

Recommendation 12

That the Extradition Act be amended to introduce a “forum bar” rule, which would allow individuals committed for extradition to file a request before a Canadian court of law so that their prosecution be held in Canada, when a significant portion of the offence is committed in Canada and when it is in the interest of justice to prosecute here.

Recommendation 13

That the Extradition Act be amended to introduce a “human rights bar” rule, which would allow individuals sought for extradition to submit evidence to be considered at the committal hearing if they believe that the requesting partner state is seeking prosecution for reasons that are incompatible with human rights law, and upon such finding by the judge, that the person’s discharge be ordered.

Recommendation 14

That the Extradition Act be amended to give the extradition judge a greater role relative to that of the Minister of Justice, particularly by granting Canadian courts the power to rule on the fairness of the extradition order, taking into account the situation of the person sought and the extradition partner’s respect for human rights.

Recommendation 15

That the Extradition Act be amended to expand the scope of section 44(1)(b) and include the criterion of a sufficient causal connection in regard to assessing prohibited grounds of discrimination.

Recommendation 16

That the Extradition Act be amended to expand the list of enumerated grounds under section 44(1)(b) to include gender identity and gender expression, to reflect the language of the Canadian Human Rights Act.

Recommendation 17

That the Extradition Act be amended to include, in the list of reasons for refusal to extradite, the presence of a major disparity between Canadian sentencing and sentencing in the partner state.

Recommendation 18

That, within six months of the end of each fiscal year, the Department of Justice publish on its website all data, statistics and internal policies, with the exception of confidential information, in order to ensure that the extradition process is transparent and that the public is better informed on the subject.

Recommendation 19

That the Government of Canada issue an annual report to Parliament on the implementation of the Extradition Act, which would include, but not be limited to, the number of extradition requests submitted to Canada, the country that submitted them, the alleged offences, whether the person to be extradited is a Canadian citizen or a permanent resident, and the diplomatic assurances provided by the partner country.

Recommendation 20

That the Government of Canada undertake comprehensive reform of the Extradition Act as soon as possible and consider making changes to the extradition process not requiring legislation, in the interim, in order to avoid further injustices in extradition proceedings.