Nathalie DuboisOn April 24, 2026, the United States Department of Justice announced it is reinstating the death penalty for federal prisoners and authorizing new execution methods — including the firing squad. For most Canadians, this feels like distant American politics. For some, it carries immediate legal consequences.
A Historic Policy Reversal in Washington
The Trump administration's Justice Department formally rescinded the Biden-Garland moratorium on federal executions on April 24 and expanded permissible execution methods to include death by firing squad — the first time in US history that the federal execution protocol has included this method. The DOJ simultaneously authorized federal prosecutors to seek the death penalty against 44 defendants currently in the federal system.
The DOJ announcement called for "streamlining internal processes to expedite death penalty cases" and described the move as part of a broader effort to "strengthen" the federal death penalty.
The Death Penalty Information Center noted that approximately 141 countries have abolished capital punishment, including Canada, Mexico, and virtually all of Western Europe. The United States stands among a diminishing number of liberal democracies that still carry out state executions.
Canada abolished the death penalty in 1976. The last execution on Canadian soil took place on December 11, 1962. In the decades since, Canadian law and treaty obligations have built a layered set of protections designed to ensure no person arrested in Canada faces execution abroad without explicit legal safeguards.
The Canada-US Extradition Treaty: Built on Assurances
Canada and the United States have maintained a formal extradition treaty since 1971, later updated by protocols signed in 1988 and 2001. The full text of the Canada-US Extradition Treaty is available through the Government of Canada's Treaty Series. The treaty is implemented domestically through Canada's Extradition Act, which governs how Canadian authorities process extradition requests from foreign governments.
The treaty's key protection in death penalty cases is the "assurance clause." Under this provision, Canada will not surrender a person to the United States if the alleged offence carries the death penalty under US law — unless American authorities provide binding assurances that:
- The death penalty will not be sought by federal or state prosecutors
- If a death sentence is nonetheless imposed by a court, it will not be carried out
These assurances must be provided to the Canadian Minister of Justice before extradition is approved. They are not automatic. A criminal defence lawyer must actively engage the process to ensure the clause is triggered and the assurances secured.
United States v. Burns: The Landmark That Still Governs
The cornerstone of Canada's death penalty protection in extradition cases is the 2001 Supreme Court of Canada ruling in United States v. Burns. The court ruled unanimously that extraditing two Canadians to face trial in Washington State for murder — without first obtaining death penalty assurances — would violate Section 7 of the Canadian Charter of Rights and Freedoms.
Section 7 protects the right to life, liberty, and security of the person. The court found that extradition to face a possible death sentence, without assurances in place, constituted a fundamental breach of those guarantees.
In practical terms, Burns established a near-absolute rule: death penalty assurances are required in virtually all capital extradition cases. The court acknowledged the possibility of "exceptional circumstances" where assurances might not be necessary, but no case has successfully relied on that exception since.
With the DOJ's new posture — actively recruiting capital cases and expanding execution methods — Canadian criminal lawyers are watching whether American authorities will become more conditional or slower in providing assurances during the extradition process.
Who Is Actually at Risk?
You do not need to be present in the United States to face a US federal extradition request. American authorities can issue arrest warrants for conduct that occurred entirely in Canada, particularly where the alleged offence involved:
- Cyber fraud or wire fraud targeting American institutions or individuals
- Drug trafficking where shipments reached US markets
- Conspiracy charges where co-defendants are located in the United States
- Terrorism or national security offences with an American nexus
Canada-based individuals who communicated online with US-based co-conspirators, or who handled proceeds from activities that touched American victims, have previously been the subject of US extradition requests. If US prosecutors are now under institutional pressure to pursue capital charges more aggressively, the risk profile for individuals already under investigation changes materially.
Dual citizens — Canadians who also hold US citizenship — face an additional layer of complexity and should seek specialized legal advice about how their status interacts with extradition law.
The Process After an Extradition Request Is Filed
Once a US extradition request is formally transmitted through diplomatic channels, Canadian authorities can arrest the named individual on a provisional warrant. The detained person then appears before a Canadian judge for an extradition hearing — a proceeding that examines whether the legal requirements for surrender are met.
This hearing is not a trial. It does not determine guilt or innocence. It determines whether the evidence is sufficient, whether the offence is recognized in Canadian law, and whether any of the treaty's protective clauses — including the death penalty assurance requirement — have been properly satisfied.
A criminal defence lawyer experienced in extradition matters can challenge every stage of this process: the sufficiency of the evidence, the adequacy of any assurances provided, and the constitutionality of the surrender order itself. Challenges can ultimately reach the Supreme Court of Canada.
When to Contact a Criminal Lawyer
If you receive any contact from US federal agencies — the FBI, DEA, Department of Homeland Security, or a US Attorney's office — consult a Canadian criminal defence lawyer before responding in any capacity. The same applies if Canadian police notify you that a provisional warrant has been requested by American authorities.
A qualified criminal defence lawyer can assess your exposure, advise on your rights under the Canada-US extradition treaty, and begin the process of ensuring that death penalty assurances are formally demanded and secured if your situation requires it. The protections established in Burns are strong — but they must be actively invoked.
Disclaimer: This article provides general legal information only. It is not a substitute for advice from a qualified criminal defence lawyer. If you or a family member faces criminal charges or an extradition request, consult a licensed lawyer immediately.
