Extradition Lawyer in Calgary: Court of King's Bench of Alberta and the Local Procedure

In Calgary, extradition hearings are heard by a judge of the Court of King's Bench of Alberta at Calgary Courts Centre. The federal Extradition Act sets the appearance and review deadlines; local priorities are to identify the correct court, verify custody, request interpretation and file appeals at the Calgary Registry of the Court of Appeal of Alberta. An arrest at YYC does not identify the arresting agency or facility.

Which Calgary institutions handle each step?

Section 2 of the federal Act retains “Court of Queen's Bench”, but Alberta's current superior court is the Court of King's Bench of Alberta, not the Alberta Court of Justice. Under the Act, the Minister may issue an Authority to Proceed; after it is issued, the Attorney General of Canada may apply to a judge for a warrant or summons. Justice Canada identifies its International Assistance Group as the contact point for extradition requests. Confirm the assigned federal counsel from the court file or notice rather than inferring it from a municipal office.

Institution	Role and local information
Court of King's Bench	Hears extradition matters and initial release or detention. Calgary Courts Centre: 601 5th Street SW. Filing counter: 8:15 a.m.–4:00 p.m. weekdays except statutory holidays.
Court of Appeal of Alberta — Calgary Registry	Receives appeals and judicial-review filings from a Calgary committal. Registry: 2600, 450 1st Street SW; 8:15 a.m.–4:00 p.m. weekdays except statutory holidays and the days between Christmas Day and New Year's Day, inclusive. Criminal appeals are heard in Courtroom 1404 at Calgary Courts Centre, not at the Registry.
Calgary Remand Centre	Possible, not automatic, custody location. Address: 12200 85 Street NW. Published visits: 6:15–10:00 p.m. weekdays and 12:15–4:00 p.m. weekends/holidays. Confirm placement and current rules before travelling.
Calgary Police Arrest Processing	Spyhill Services Centre, 12500 85 Street NW, processes Calgary Police detainees awaiting bail hearings. Police say privacy rules prevent them from confirming individual custody; not every extradition arrest is processed there.
Legal Aid Alberta and court language services	Legal Aid Alberta describes free duty counsel at courthouses, free 24/7 telephone advice for people in police custody and telephone interpretation; full extradition representation is not guaranteed. King's Bench offers free LanguageLine at counters and in courtrooms when ordered by a judge, supporting over 200 languages.

What is the legal clock after an extradition arrest?

Under section 17(1) of the Extradition Act, a person arrested under section 13 or 16 must be brought before a judge or justice within 24 hours. If none is available during that period, it must happen as soon as possible. If the person first appears before a justice, section 17(2) requires detention pending appearance before a judge. This is an appearance deadline, not a deadline to finish the hearing or decide surrender.

Stage	Rule and Calgary action
Arrest	Record the exact time, location, agency and warrant reference. YYC Calgary International Airport is the local airport, but the arrest location does not identify the arresting authority or custody facility.
First appearance	Ordinarily within 24 hours, or as soon as possible if no judge or justice is available. Raise urgent medical, safety, language and counsel-access needs immediately.
Release or detention	For a request other than an International Criminal Court surrender request, s.18(1)(b) allows release with or without conditions, or detention. Release is possible, not automatic; give counsel a verified address and realistic conditions.
Summons	A summons under s.16 must set an appearance date no later than 15 days after issuance. This is separate from the 24-hour rule after arrest.

The judge sets the extradition-hearing date. In provisional-arrest cases, the formal-request deadline depends on section 14 and the applicable agreement; counsel must check the warrant, partner state and any extension because no single countdown applies to every country.

How do Calgary listing and interpretation arrangements work?

The Court of King's Bench still publishes a notice dated 3 November 2021 stating that proceedings under the Extradition Act cannot be pre-booked in Criminal Appearance Court (CAC). Because the notice is dated, counsel should confirm the current Calgary listing route with the court before filing; do not assume ordinary CAC pre-booking applies.

Request interpretation early. King's Bench says LanguageLine is free at counters and available in courtrooms if a judge orders it. Give counsel and the clerk the language and dialect, plus any hearing, speech or other access needs. Counter interpretation does not itself arrange every hearing interpreter, so confirm arrangements for the particular appearance.

Legal Aid Alberta offers 24/7 telephone advice to people in police custody and duty counsel at Alberta courthouses, but this does not guarantee full-case representation.

Which Alberta court receives a challenge after a Calgary committal?

For a Calgary case, appeal and section 57 judicial-review documents go to the Court of Appeal of Alberta through its Calgary Registry at 2600, 450 1st Street SW. Criminal appeals are heard in Courtroom 1404 at Calgary Courts Centre, 601 5th Street SW. The Registry is open 8:15 a.m.–4:00 p.m. weekdays except statutory holidays and is closed on the days between Christmas Day and New Year's Day, inclusive. Check current rules and filing requirements before submitting.

Decision	Route and deadline
Initial release or detention	Under s.18(2), a Court of Appeal judge may confirm, vary or replace the decision. Section 18 does not set the same 30-day period as a committal appeal. Treat it as urgent and confirm the procedure.
Committal order (custody pending surrender)	Sections 49–50 allow an appeal from the judge’s order committing the person to custody pending the Minister’s surrender decision. A question of law may be appealed as of right; an appeal based on fact, mixed law and fact, or another ground requires leave under s.49 if the Court of Appeal considers the ground sufficient. Notice of appeal or a leave application is due within 30 days after the judge’s decision. The court may extend time; do not assume it will.
Ministerial submissions after committal	Section 43 permits the person to make submissions to the Minister within 30 days after the date of committal. The Minister may accept late submissions in appropriate circumstances. This is a ministerial-stage submission, not a court appeal; follow the notice and arrange timely filing.
When surrender may occur	Under s.62, surrender ordinarily cannot occur until 30 days have expired after the date of committal for surrender. The person may waive that waiting period in writing. If an appeal or judicial review under the Act is pending, surrender must wait until the final court decision.
Minister's surrender order	Under s.57, the Court of Appeal where committal was ordered has exclusive original jurisdiction for judicial review of the Minister's s.40 decision. Apply within 30 days after the decision was first communicated by the Minister to the person, unless more time is allowed. The trigger is not the family's receipt of a copy.
Supreme Court of Canada	A further appeal is not automatic: leave is required. Appellate counsel should assess this after the Court of Appeal rules.

These deadlines describe a contested case. If the person consents in writing to surrender before a judge under s.71, ss.43 and 57 and the ordinary waiting period in s.62(1)(a) do not apply; consent to committal alone is different. A release review under s.18(2), a committal appeal under s.49 and a s.57 judicial review challenge different decisions; one filing does not preserve another deadline or guarantee release. Detailed refusal grounds and appeal strategy belong in How to Stop Extradition from Canada; national stages belong in Extradition from Canada.

What should family and overseas counsel do in the first 72 hours?

This is a practical plan, not a statutory 72-hour deadline. The legal appearance rule is 24 hours, subject to the no-judge/no-justice exception. Focus on reliable facts and prompt contact with Alberta counsel.

Build a timeline. Record name and aliases, date of birth, citizenships, arrest time and place, agency, warrant reference, next appearance and documents received.
Verify custody. Do not assume an airport arrest means Calgary Remand Centre or Police Arrest Processing. Alberta centres cannot confirm whether a person is in custody. Court and Justice Services lists 1-855-738-4747 for charges and court appearances.
Send the papers. Provide the warrant, Authority to Proceed, summons, court endorsements, release/detention order and communications from the requesting state or Minister. Foreign counsel should coordinate with counsel who can appear in Alberta.
Raise urgent needs. Tell counsel about language, disability, medication, safety, family and consular concerns. Ask how to raise each before the judge.
Protect deadlines and privacy. Record the committal decision date and separately the date the Minister's decision was first communicated to the person. Do not post evidence or confidential instructions publicly or sign an unexplained consent or waiver.

What should not be assumed about a Calgary case?

The arrest location does not prove the custody location. Calgary Police says its Arrest Processing facility handles its detainees awaiting bail hearings and cannot confirm individual custody. Alberta says placement may depend on capacity and transfers. Verify the actual facility and next appearance through official channels before travelling.

The applicable Canadian extradition partner and legal basis must be checked for the particular request; the national stages are set out in Extradition from Canada. Extradition is distinct from immigration removal or deportation; see Extradition vs Deportation.

Hypothetical example: a traveller is arrested at YYC on a provisional extradition warrant. The family records the time, confirms the next appearance and sends the warrant to Alberta counsel. Counsel checks the s.17 appearance rule and whether release should be sought under s.18. If committal follows in Calgary, counsel calculates the s.50 period from the judge's decision and files at the Calgary Registry; the family should not wait for the Minister's later decision before asking about the appeal.

What should be ready before contacting counsel?

The arrest warrant, Authority to Proceed, summons, court endorsements, release or detention terms, and documents supplied by the requesting state.
A dated chronology of the arrest, first appearance, hearing dates, committal decision and any communication of the Minister's decision.
Identity documents, passports, citizenship information, name variations and travel history relevant to identifying the person.
A concise account of Canadian proceedings, prior convictions or acquittals, urgent medical or safety concerns, family circumstances and language needs.
Contact details for foreign counsel, a trusted family contact and consular officials if relevant. Keep sensitive instructions for counsel rather than ordinary inmate messaging channels.

Frequently asked questions

Is the Court of King's Bench of Alberta the extradition court in Calgary?

Yes. The federal Act assigns the hearing to the province's superior court. Alberta's current name is Court of King's Bench of Alberta, although section 2 of the Act retains the former “Court of Queen's Bench” wording.

Does an arrest at YYC mean the person will be held at Calgary Remand Centre?

No. The arresting agency and subsequent custody decisions determine the location. Confirm the actual facility and visiting rules before travelling.

When does the 30-day committal-appeal period start?

Section 50 measures it from the judge's decision, not from when the family receives written reasons. Counsel should calculate the date immediately and seek an extension if needed.

Can an interpreter be requested in Calgary?

Yes. Tell counsel and the court clerk early. King's Bench provides LanguageLine at counters and in courtrooms when ordered by a judge; confirm the arrangements for the specific hearing.

Sources and further reading

Our team can coordinate cross-border defence with local counsel, but this information page is not a substitute for advice from a lawyer who can act in the Alberta proceedings. To discuss the documents and the deadlines, use the request page.