Consular Services: Arrest and Detention

Consular officials can:    

  • notify your family or friends if you are arrested or detained and inform them if and how they can help, with your authorization
  • request immediate and regular access to you from the appropriate authorities
  • recommend that you hire legal counsel and seek funds from family, friends or a local legal aid society if you cannot pay for legal counsel
  • provide an up-to-date list of local lawyers and legal translation services
  • help you communicate with your legal representative, family or friends if direct contact is not feasible or if an urgent need occurs
  • make every effort to ensure that you receive equitable treatment under the local criminal justice system, that you are not penalized for being a foreigner and that you are neither discriminated against nor denied justice because you are Canadian
  • obtain information about the status of your case and encourage authorities to conduct proceedings without unnecessary delay
  • provide you, your legal representative or your family with information on the local judicial and prison system, approximate times for court action, typical sentences for the alleged offence and bail provisions
  • accept applications for clemency intervention if you have been charged with and convicted of a crime punishable by death, subject to approval by the Governor in Council
  • inform you of any transfer of offender treaty with the country of incarceration, which may allow you to serve your sentence in a Canadian institution, and provide you with documentation to apply for a transfer, if eligible
  • seek to ensure your health and well-being are protected, including adequate nutrition and medical and dental care
  • where international human rights have been violated, urge foreign authorities to abide by their obligations and provide basic standards of protection
  • transmit concerns about any treatment that could affect your health and well-being to local officials, prison representatives and relevant non-governmental organizations
  • arrange for the purchase of required nutritional supplements, essential clothing and other basic items not available through the prison system, at your expense and if permitted
  • deliver letters and permitted reading material if normal postal services are unavailable
  • contact relatives or friends to request funds on your behalf
  • facilitate the transfer of funds to you if other means are unreliable or unavailable
  • after exhausting all other financial options, issue a temporary loan from the Distressed Canadian Fund for the provision of food, water, bedding, nutritional supplements and/or essential medication, subject to consular fees and strict conditions

Consular officials cannot:

  • interfere in private legal matters, including criminal defence cases, or in another country’s judicial affairs
  • seek preferential treatment from you or try to exempt you from the due process of local law
  • get you out of jail
  • post bail or pay legal fees or fines
  • use the Distressed Canadian Fund to pay legal expenses
  • provide legal advice or interpret local laws
  • recommend lawyers or law firms or guarantee their reliability or expertise in a particular field
  • become involved in important matters between you and your lawyer
  • forward or deliver parcels entering or leaving the country or clear them through customs
  • circumvent rules regarding what can and cannot be brought into or taken out of a detention facility
  • make travel or accommodation arrangements for your family or friends
  • forward medical supplies prescribed or recommended by a doctor or take steps to clear them through detention facilities