Arrest and detention

This page provides information on what to expect and what to do if you are arrested or detained while outside Canada.

If you are arrested and detained abroad

Legal proceedings or police investigations in other countries may be different from those in Canada.

You are subject to the criminal justice system of the country where you are arrested and imprisoned. Consular services officials cannot arrange your release from prison.

If you are arrested or detained abroad:

Expect that you may have to stay in the country during the proceedings and that you may face long delays while efforts are made to resolve your case
Inform the arresting authorities that you want them to immediately notify the nearest Canadian government office of your arrest

In countries that are party to the Vienna Convention on Consular Relations, the arresting authorities must advise you of your right to access consular representation and to arrange for this access. They are not required to inform a Canadian government office of your detention or arrest unless you specifically ask them to do so.

The Government of Canada cannot intervene in ongoing legal proceedings in other countries or regions unless it is requested to do so by local authorities. These requests are rare.

Directory of Canadian embassies and consulates by destination

Countries that are party to the Vienna Convention on Consular Relations

If you need help

Contact the nearest Canadian office that serves the country you are in or the Emergency Watch and Response Centre in Ottawa.

What Canadian consular service officers can do if you are arrested or detained

Ask the appropriate authorities for immediate and regular access to you
At your request, notify your family or friends of the situation and let them know how they can help
Help you communicate with a representative, family or friends if direct communication is not possible or if you need to urgently communicate with them
Contact your relatives or friends on your behalf to request funds
Recommend that you hire a lawyer and approach family, friends or a local legal aid society if you can’t afford to pay for one
Provide an up-to-date and accurate list of local lawyers and legal translation service providers
Provide you and your family with general information on the local legal and prison systems and approximate times for court actions
Obtain information about the status of your case and encourage authorities to process it without undue delay
Advocate for your fair and equal treatment under local laws

What Canadian consular service officers can do while you are detained or incarcerated

Transmit, through official channels, concerns about any treatment that could affect your health and well-being to local officials and prison representatives
Arrange for the purchase (at your expense and if permitted) of necessary food supplements, essential clothing and other basic items not available through the prison system
Deliver letters and permitted reading material if postal services are unavailable
Undertake clemency intervention if you are charged or convicted of a crime punishable by death

What Canadian consular service officers abroad cannot do

Get you out of jail
Post bail, pay lawyers’ fees or pay fines
Try to obtain preferential treatment for you or exempt you from the due process of local law
Provide legal advice, interpret local laws or interfere in legal matters, criminal defence cases or judicial affairs
Recommend lawyers or guarantee their reliability or competence in the matter at hand
Become involved in matters between you and your lawyer
Investigate a crime or death or intervene in a local police investigation
Forward or deliver parcels entering or leaving the country, or clear them through customs
Bypass prison rules on what can and cannot be brought into or taken out of the detention facility
Make travel or accommodation arrangements for your family or friends

Human rights violations

If your international human rights are known to have been violated, the Government of Canada may take steps to pressure the foreign authorities to abide by their international human rights obligations and provide basic minimum standards of protection.

Request emergency assistance

Transfer to a Canadian prison

In some cases, if you are sentenced to imprisonment abroad, you can request to complete your sentence in Canada.

This can only happen if the following conditions are met:

The country where you are imprisoned is a signatory to the Convention on the Transfer of Sentenced Persons or if it has a treaty or administrative agreement with Canada for the transfer of sentenced persons
Authorities in Canada and in the country where you are imprisoned approve your transfer to Canada

This process can take a long time and there is no guarantee that the transfer will be approved by either or both sides.

International transfer of offenders

Dual citizens

While having dual citizenship is legal in Canada, it may not be legal or recognized in the country of your second nationality. This could limit the ability of the Government of Canada to assist you if you are arrested in that country.

Even if you are in a country where you hold dual citizenship, you should still request access to Canadian consular service officers.

Travelling as a dual citizen

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