The murder is committed on US soil. the fugitive flees to Canada. The US requests Canada arrest the fugitive, which they do. US requests extradition. Canada refuses because US has capital punishment. Does Canada now try the fugitive for murder in Canada or is the fugitive simply released?

  • For sake of curiosity, is the fugitive Canadian or American? Jan 20, 2021 at 23:06

1 Answer 1


Absent exceptional circumstances like war crimes, Canada would not try the suspect for murder. It might incarcerate the suspect, however, while engaging in negotiations with U.S. officials to try the defendant for murder in a state court or federal court with jurisdiction over the case and an agreement not to seek the death penalty.

  • Is this an official policy that could be cited?
    – Ryan M
    Jan 21, 2021 at 0:27
  • 3
    @RyanM Section 6(2) of the Criminal Code; "Subject to this Act or any other Act of Parliament, no person shall be convicted or discharged under section 730 of an offence committed outside Canada." There are number of exceptions listed following this that cover things like crimes committed aboard Canadian ships and planes and sex tourism, but not most murders occurring in the US.
    – Ross Ridge
    Jan 21, 2021 at 2:07
  • 1
    There are numerous cases of extradition from Canada to the U.S. that were secured once the U.S. jurisdiction agrees not to pursue capital punishment. In the United States, Capitol Punishment cannot be a mandatory minimum sentance for a crime, so the prosector's office has sole discretion on whether they feel the case warrents capital punshiment when requesting sentancing.
    – hszmv
    Jan 21, 2021 at 19:04

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