How does dual criminality affect my extradition case in Canada?

Dual criminality is a mandatory requirement under Canadian extradition law. The conduct alleged must constitute a criminal offence in both the requesting state and Canada, punishable by at least two years’ imprisonment. Canadian courts assess the underlying facts, not the foreign legal label. For example, certain economic crimes, political offences, or acts criminalized under authoritarian regimes may lack a Canadian equivalent. If dual criminality cannot be established, the extradition judge must discharge you. This defence is particularly effective when the foreign charge involves conduct that is lawful or merely regulatory in Canada.