Canada/Jamaica: Whether Canada has an extradition treaty with Jamaica and, if not, whether there is any other treaty or legislation that authorizes the sending to Canada of Jamaicans wanted by the Canadian authorities; the response of the Jamaican authorities to extradition requests by Canada; statistics on the number of Jamaicans whom Canada has attempted to have extradited from Jamaica: the number of successful cases and length of time involved in the extradition processes for various categories of serious crimes (rape, drug trafficking, murder, etc.) (January 1994 - January 1999)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 January 1999 |
| Citation / Document Symbol | ZZZ30716.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Canada/Jamaica: Whether Canada has an extradition treaty with Jamaica and, if not, whether there is any other treaty or legislation that authorizes the sending to Canada of Jamaicans wanted by the Canadian authorities; the response of the Jamaican authorities to extradition requests by Canada; statistics on the number of Jamaicans whom Canada has attempted to have extradited from Jamaica: the number of successful cases and length of time involved in the extradition processes for various categories of serious crimes (rape, drug trafficking, murder, etc.) (January 1994 - January 1999), 1 January 1999, ZZZ30716.E, available at: https://www.refworld.org/docid/3ae6aad990.html [accessed 31 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
A 15 January 1999 letter sent by the counsel of the International Assistance Group, Criminal Law Branch, Federal Prosecution Service of the Department of Justice in Ottawa states:
Does Canada have an extradition treaty with Jamaica and, if not, is there any other treaty or legislation that authorizes the sending to Canada of Jamaicans wanted by the Canadian authorities?
Canada has no extradition treaty with Jamaica. However, Jamaica has legislation through which Canada may request extradition.
What has been the response (prompt cooperation, indifference, refusal to cooperate, etc.) of the Jamaican authorities to extradition requests by Canada?
The Jamaican authorities have been cooperative with Canada in the area of extradition.
Since January 1994, what number of Jamaican nationals has Canada sought to have extradited from Jamaica to Canada?
Canada has eight (8) extradition files involving Jamaica since January 1994. Note however that the statistics on which this response is based do not indicate the nationality of the fugitives who are the subjects of these files: only that they were located in Jamaica....
In how many of the cases in 3. was Canada successful?
Five of the eight cases noted above are ongoing at various stages. In some cases, the request may not yet have been made. In one case, the individual was extradited to Canada. In another case, the person located in Jamaica turned out not to be the person wanted by Canadian authorities. In the final case, the fugitive was later found in Canada.
What is the length of time involved in the extradition process with Jamaica (considering the category of crime for which the fugitive's return is required - sexual assault, murder, drug trafficking)?
This will really depend on the complexity of the case and other factors, i.e. evidence, appeals, etc. The case mentioned in 4. above in which the fugitive was returned to Canada took about 10 months. It involved narcotics charges. Other cases have involved the offences of murder, fraud, abduction.
A 30 June 1995 AP article states:
Canadian authorities are requesting the extradition of a Jamaican man who allegedly provided the cocaine that killed a man when the pouch containing the drug burst in his stomach. Romie Chang, of the western parish of St. Elizabeth, appeared before an extradition court judge Thursday in Kingston, but the judge remanded him until July 7 when a date will be set for the hearing.
A 9 August 1995 AP article states:
The [Jamaican] government in 1994 ordered the extradition of seven Jamaicans wanted in the United States and Canada for murder and drug-related crimes. Since January, five persons have been extradited to the United States.
A 23 January 1998 Toronto Sun article states:
Three young brothers are together in a foster home as police begin the complicated legal process of having their mom returned from Jamaica to face charges of abandoning them. Carrol Caroline Derby was named yesterday on a Canada-wide arrest warrant, one day after she is alleged to have left her boys - ages 2, 6 and 7 - with a cabby at Pearson Airport and boarded a flight to her home island....
...Although charging Derby is the first step toward extradition, police warn the proceedings could take months. "(But) once Canada sends us the information, we will quickly trace her," Jamaican police Insp. George Brooks said from Kingston yesterday. "We'll find the person and they'll be taken to court the same day for a hearing. She shouldn't be that hard to find," he said.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Department of Justice Canada, Ottawa. 15 January 1999. Letter sent to the Research Directorate by counsel with the International Assistance Group, Criminal Law Branch, Federal Prosecution Service.
The Associated Press (AP). 9 August 1995. "Thousands of Jamaicans Were Deported to Their Homeland in 1994." (NEXIS)
_____. 30 June 1995. "Canadians Seeking Extradition of Jamaican Accused of Drug Trafficking." (NEXIS)
The Toronto Sun. 23 January 1998. Final Edition. Jonathan Kingstone and Tom Godfrey. "Cab Kids in Foster Home Warrant Out for Mom in Jamaica." (NEXIS)
