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Department of Justice Canada

The Department of Justice Canada (DOJ), which joined the OMC program in 2001, has both an operational and a policy role on missing and abducted children's issues.

A part of the Department's operational role relates to the Hague Convention on the Civil Aspects of International Child Abduction, which applies in all provinces and territories of Canada. The Convention aims to secure the prompt return of children removed to or retained in any country that is a Contracting State to the Convention, in breach of rights of custody. The Convention also promotes the peaceful enjoyment of rights of access.

In Canada, there is a Central Authority in every province and territory. Their duties include filing "outgoing" Hague applications regarding children who have been abducted out of Canada, and processing "incoming" applications regarding children who have been abducted into Canada.

There is also a Federal Central Authority, whose duties complement the work of the provincial and territorial Central Authorities.

Those duties include liaison and coordination with provinces, territories, foreign authorities, other government departments and non governmental groups on policy and in some cases, work on individual cases, as well as public education and promotion of the Convention.

The Department of Justice is also responsible for seeking the extradition of persons sought for prosecution, or the imposition or enforcement of sentence. Requests for extradition are made to a foreign state at the request of the competent Attorney General when the person is sought for prosecution or imposition of sentence, or at the request of the competent correctional authority when the person is sought for the enforcement of sentence. The extradition process does not address the return of the missing or abducted child. Rather, the purpose of seeking extradition is to return the alleged abductor to Canada to face trial or for the imposition or enforcement of sentence.

On the policy side, Family, Children and Youth Section of th Department of Justice is responsible for Canadian federal family law, including the parenting provisions of the Divorce Act.

In addition, the Department's International Private Law Section is responsible for negotiating private international law instruments dealing with family law including the Hague Convention on the Civil Aspects of International Child Abduction and related issues, such as, trans frontier access. The IPL Section also advises DOJ on the interpretation of the Hague Convention and leads the consultations within Canada to prepare for Special Commissions to review the practical operation of the Hague Convention.

Department of Justice Canada Website.