your custody, and to convey him within the jurisdiction of the said and there place him in

the custody of any person or persons (or of

) appointed by the said

receive him for which this shall be your warrant.

to

Given under the hand and seal of the undersigned Minister

of Justice of Canada, this

A.D.

40 V., c. 25, third schedule.

day of

OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most

Excellent Majesty.

CHAPTER 143.

An Act respecting fugitive offenders in Canada from A. D. 1886. other parts of Her Majesty's Dominions.

HER Majesty, by and with the advice and consent of the

Senate and House of Commons of Canada, enacts as

follows:

SHORT TITLE.

1. This Act may be cited as "The Fugitive Offenders Act." Short title. 45 V., c. 21, s. 1.

INTERPRETATION.

2. In this Act, unless the context otherwise requires,

Interpretation.

(a.) The expression "magistrate" means any justice of the "Magistrate." peace or any person having authority to issue a warrant for the apprehension of persons accused of offences, and to commit such persons for trial;

"tion."

(b.) The expression "deposition" includes every affidavit, "Deposiaffirmation, or statement made upon oath;

(c.) The expression "court means,-in the Province of "Court." Ontario, the High Court of Justice for Ontario; in the Province of Quebec, the Superior Court; in the Province of Nova Scotia, the Supreme Court; in the Province of New Brunswick, the Supreme Court; in the Province of Prince Edward Island, the Supreme Court of Judicature; in the Province of British Columbia, the Supreme Court; in the Province of Manitoba, Her Majesty's Court of Queen's Bench for Manitoba; in the North-West Territories, a judge of the Supreme Court of the North-West Territories; in the District of Keewatin, a stipendiary magistrate; and also in the said Territories and District such court or magistrate or other judicial authority as is designated, from time to time, by proclamation of the Governor in Council, published in the Canada Gazette. 45 V., c. 21, s. 16, part;-49 V., c. 25, s. 30.

APPLICATION OF ACT.

Act applies.

3. This Act shall apply to the following offences, that is to To what say to treason and to piracy, and to every offence, whether offences this called felony, misdemeanour, crime or by any other name, which is for the time being punishable in the part of Her Majesty's dominions in which it was committed, either on indictment or

Application

to acts not

offences by

information, by imprisonment with hard labour for a term of twelve months or more, or by any greater punishment, and, for the purposes of this section, rigorous imprisonment, and any confinement in a prison combined with labour, by whatever name it is called, shall be deemed to be imprisonment with hard labour:

2. This Act shall apply to an offence, notwithstanding that, by the law of Canada, it is not an offence or not an offence to Canadian law. which this Act applies; and all the provisions of this Act, including those relating to a provisional warrant and to a committal to prison, shall be construed as if the offence were in Canada an offence to which this Act applies :

Application to persons unlawfully at large.

committed be

fore com

3. This Act shall apply, so far as is consistent with the tenor thereof, to every person convicted by a court in any part of Her Majesty's dominions, of an offence committed either in Her Majesty's dominions or elsewhere, who is unlawfully at large before the expiration of his sentence, in like manner as it applies to a person accused of the like offence committed in the part of Her Majesty's dominions in which such person was convicted:

As to offences 4. This Act shall apply in respect to offences committed before the commencement of this Act, in like manner as if mencement of such offences were committed after such commencement. 45 V., c. 21, ss. 8, 14 and 15.

Act.

Apprehension and return of fugitive offenders.

Warrant.

Proceedings

in Canada on warrant issued elsewhere.

Issue of provisional

warrant.

RETURN OF FUGITIVES.

4. Whenever a person accused of having committed an offence to which this Act applies in any part of Her Majesty's dominions, except Canada, has left that part, such person, in this Act referred to as a fugitive from that part, if found in Canada, shall be liable to be apprehended and returned, in the manner provided by this Act, to the part from which he is a fugitive.

2. A fugitive may be so apprehended under an indorsed warrant or a provisional warrant. 45 V., c. 21, s. 2.

5. Whenever a warrant has been issued in a part of Her Majesty's dominions for the apprehension of a fugitive from that part who is or is suspected to be in or on the way to Canada, the Governor General or a judge of a court, if satisfied that the warrant was issued by some person having lawful authority to issue the same, may indorse such warrant in manner provided by this Act, and the warrant so indorsed shall be a sufficient authority to apprehend the fugitive in Canada and bring him before a magistrate. 45 V., c. 21, s. 3.

6. A magistrate in Canada may issue a provisional warrant for the apprehension of a fugitive who is or is suspected of being in or on his way to Canada, on such information and under such circumstances as would, in his opinion, justify

the issue of a warrant, if the offence of which the fugitive is accused had been committed within his jurisdiction; and such warrant may be backed and executed accordingly :

Governor.

2. A magistrate issuing a provisional warrant shall forth- Report to with send a report of the issue, together with the information or a certified copy thereof, to the Governor General; and the Governor Governor General may, if he thinks fit, discharge the person charge. apprehended under such warrant. 45 V., c. 21, s. 4.

may dis

before a mag

7. A fugitive, when apprehended, shall be brought before Fugitive to a magistrate, who, subject to the provisions of this Act, shall be brought hear the case in the same manner and have the same jurisdic- istrate. tion and powers, as nearly as may be, including the power to remand and admit to bail, as if the fugitive was charged with an offence committed within his jurisdiction:

2. If the endorsed warrant for the apprehension of the fugi- Committal of tive is duly authenticated, and such evidence is produced as, fugitive. subject to the provisions of this Act, according to the law ordinarily administered by the magistrate, raises a strong or probable presumption that the fugitive committed the offence mentioned in the warrant, and that the offence is one to which this Act applies, the magistrate shall commit the fugitive to prison to await his return, and shall forthwith send a certificate Report to of the committal and such report of the case, as he thinks fit, Governor to the Governor General :

General.

3. Whenever the magistrate commits the fugitive to prison, Magistrate to inform he shall inform the fugitive that he will not be surrendered fugitive that until after the expiration of fifteen days, and that he has a he has certain rights. right to apply for a writ of habeas corpus or other like process :

4. A fugitive apprehended on a provisional warrant may, Remand of from time to time, be remanded for such reasonable time, not fugitive. exceeding seven days at any one time, as, under the circumstances, seems requisite for the production of an indorsed warrant. 45 V., c. 21, s. 5.

8. Upon the expiration of fifteen days, after a fugitive has Order for the been committed to prison to await his return,—or if a writ of return of the fugitive. habeas corpus or other like process is issued by a court, with reference to such fugitive, after the final decision of the court in the case, the Governor General, by warrant under his hand, if he thinks it just, may order the fugitive to be returned Warrant. to the part of Her Majesty's dominions from which he is a fugitive, and for that purpose to be delivered into the custody of the persons to whom the warrant is addressed, or some one or more of them, and to be held in custody, and conveyed to the said part of Her Majesty's dominions, to be dealt with there, in due course of law, as if he had been there apprehended; and such warrant shall be forthwith executed according to the tenor thereof. 45 V., c. 21, s. 6.

Court may discharge

returned within a certain time.

9. If a fugitive who, in pursuance of this Act, has been fugitive if not committed to prison in Canada to await his return, is not conveyed out of Canada within two months after such committal,, the court, upon application, by or on behalf of the fugitive, and upon proof that reasonable notice of the intention to make such application has been given to the Governor General, may, unless sufficient cause is shown to the contrary, order the fugitive to be discharged out of custody. 45 V., c. 21, s. 7.

Court may discharge fugitive in

10. Whenever it is made to appear to the court that by reason of the trivial nature of the case, or by reason of the aptrivial cases, plication for the return of a fugitive not being made in good faith, in the interests of justice or otherwise, it would, having regard to the distance, to the facilities for communication, and to all the circumstances of the case, be unjust or oppressive or too severe a punishment to return the fugitive either at all or until the expiration of a certain period, such court may discharge the fugitive, either absolutely or on bail, or order that he shall not be returned until after the expiration of the period named in the order, or may make such other order in the premises, as to the court seems just. 45 V., c. 21, s. 9.

Fugitive who

11. A fugitive who has been accused of an offence within is undergoing Canadian jurisdiction, not being the offence for which his surrender is asked, or who is undergoing sentence under a conviction in Canada, shall not be surrendered until after he has been discharged, whether by acquittal or by expiration of his sentence, or otherwise.

Search warrant may be granted.

Exercise of

judicial powers.

Effect of in

a warrant.

12. Whenever a warrant, for the apprehension of a person accused of an offence, has been indorsed in pursuance of this Act, in Canada, any magistrate in Canada shall have the same power of issuing a warrant to search for any property alleged to have been stolen or to be otherwise unlawfully taken or obtained by such person, or otherwise to be the subject of such offence, as that magistrate would have if the property had been stolen or otherwise unlawfully taken or obtained, or the offence had been committed wholly within the jurisdiction of such magistrate. 45 V., c. 21, s. 10.

13. Any judge of the court may, either in term time or vacation, exercise in chambers, all the powers conferred by this Act upon the court. 45 V., c. 21, s. 16, part.

14. An indorsement of a warrant in pursuance of this Act dorsement of shall be signed by the authority indorsing the same, and shall authorize all or any of the persons named in the indorsement, and of the persons to whom the warrant was originally directed, and also every constable, to execute the warrant within Canada by apprehending the person named in it, and bringing him before a magistrate in Canada, whether he is the magistrate named in the indorsement or some other: