Section Six of The Canadian Charter of Rights and Freedoms - Subsection 6(1)

Subsection 6(1)

Like section 7, section 6 is relevant to laws dealing with extradition. The precedent, however, has been that even though extradition violates section 6, it is usually justifiable under section 1. Allowing for Canadians to be extradited has been legally upheld in Canada since before Confederation; Sir William Buell Richards approved of it in Re Burley in 1865 as a matter of treaty law.

In United States of America v. Cotroni (1989) it was found extradition violates section 6 rights to stay in Canada, but fighting illegal activities was considered important under a section 1 test, and in Kindler v. Canada (Minister of Justice) (1991) it was added that Canada should not attract criminals seeking to escape harsher foreign laws. In the case Re Federal Republic of Germany and Rauca, an extradition of an individual so old that he would probably die in prison, was technically a denial of his rights to return to Canada as well as to stay, but it was upheld; likewise, in United States v. Burns, it was found extradition of Canadian citizens who might face the death penalty violated section 6 but this was justifiable under section 1, despite arguments that their citizenship and consequent section 6 rights against exile reinforced their rights under section 7 (the rights claimants won their case anyway, but under section 7). Since Canada v. Schmidt, it is indeed rights to fundamental justice under section 7 that are generally used to evaluate whether a particular case of extradition is fair.