What is the role of the judiciary and the executive in the process of extraditing an alleged criminal to Canada?

Extradition is primarily a function of the executive branch of government and a product of international agreements between states with respect to the surrender of persons who are alleged to have committed crimes in other countries. According to the Extradition Act, the functional responsibilities with respect to each stage of extradition are divided between the judiciary and the executive. The phase involving the potential committal of the fugitive is the responsibility of the judiciary. The phase involving the potential surrender of the fugitive to Canada's extradition partner is the responsibility of the executive: see United States of America v. Kwok, 2001 SCC 18, [2001] 1 S.C.R. 532 at para. 27.

The Minister of Justice (“Minister”) and extradition hearing judge occupy distinct roles under the Extradition Act. Each operates independently of the other and neither intrudes into the other's area of responsibility: see Germany v. Schreiber, [2000] O.J. No. 2618 (S.C.) at para. 72.