Canada has enacted legislation, developed initiatives and entered into agreements, treaties and conventions with other countries to investigate and prosecute a diverse range of crimes relating to intellectual property and counterfeiting-related offences, money laundering, terrorism, drug offences and crimes against humanity. Extradition and Mutual Legal Assistance are powerful mechanisms through which Canada assists foreign jurisdictions and also receives reciprocal assistance. Both of these processes involve complex laws and procedures that are meant to protect the sovereignty of nations, the rights of the accused, the integrity of a justice system and foster the goals of international cooperation. At times, States will cooperate outside these formal channels by using unofficial methods such as luring suspects across transnational borders with undercover operations, engaging in “disguised extradition” through deportation and expulsion procedures, and informally cooperating outside the scrutiny of judicial systems.
Narwal Litigation LLP has an extensive practice litigating cases with international dimensions involving extradition, mutual legal assistance and in domestic prosecutions in which we have developed unparalleled experience in challenging the use of unconventional investigative techniques deployed in Canada and abroad. We have also mounted ground-breaking constitutional attacks to legislation that facilitates international cooperation, such as the forfeiture provisions of the Mutual Legal Assistance Treaty Act. In addition to criminal defence advocacy, we take on specialty civil cases with international criminal overtones, such as cases involving breaches of contract based on non-compliance with foreign criminal laws or resulting from foreign-based criminal convictions.
As a complement to our advocacy in domestic courts on international criminal law matters, our founding partner, Joven Narwal, is admitted to practice before the International Criminal Court in The Hague, Netherlands (the “ICC”). Established under a multilateral treaty known as the Rome Statute, the ICC is the first and only permanent international court with jurisdiction to prosecute individuals for the most serious crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
