ARTICLE 5 AND 6
10.
- 5 -
At
the request of Canada, Articles 5(1) and (3),
6 and 15 of the Model Agreement were reorganized into two
categories:
surrender.
mandatory and
The
discretionary refusal to
mandatory and discretionary
grounds for
the same as in the Model
refusal are substantively
Article 6(3) is a new discretionary ground
Agreement.
which may
be invoked
in
respect of acquittals or
convictions in a third jurisdiction for the same offence.
ARTICLE 7
11.
This Article is based on Article 5(2) of the
Model Agreement. The requested Party is however given the
option of granting or postponing surrender. If the offence
in the requested Party was relatively trivial compared with
the offence for which surrender was sought the view could
be taken that it was more appropriate to surrender than
continue with the existing proceedings.
ARTICLE 8
12.
This Article
Model Agreement.
was
originally
Article 7 of the
In Article 8(3), the last sentence was