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Arrest and Detention - FAQ

1. How can I get assistance if I am arrested or detained abroad?
   
   
2. Can consular officials arrange for my release from prison?
   
   
3. What can consular officials do for me if I am imprisoned abroad?
   
   
4. Can the Canadian government help me if I am arrested in a country where I am a dual national?
   
   
5. Where can I find more information on arrest and imprisonment abroad?
   
   

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1.   How can I get assistance if I am arrested or detained abroad?

You should clearly inform the arresting authorities that you wish to have the nearest Canadian government office abroad notified immediately of your arrest.

The arresting authorities are obliged, under the Vienna Convention on Consular Relations, to advise you of your rights of access to consular representation and to make arrangements for such access. They are not required to inform a Canadian government office of your detention or arrest unless you specifically ask them to do so.

For assistance, contact the department's Emergency Operations Centre in Ottawa or the nearest Canadian government office abroad.

Our publication entitled A Guide for Canadians Imprisoned Abroad provides further information on consular assistance available from the Government of Canada. Always carry with you the coordinates of the Canadian government offices of the country you are visiting.

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2. Can consular officials arrange for my release from prison?

No. You are subject to the criminal justice system of the country where you are imprisoned. Canadian consular officials can provide assistance and support to Canadians in jail. However, they cannot:

• arrange for your release from prison;
• post bail, pay lawyers’ fees, or pay fines;
• seek preferential treatment for you; or
• have you exempted from the due process of local law.

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3.   What can consular officials do for me if I am imprisoned abroad?

Consular officials can:

• ensure equitable treatment under local laws, consistent with the standards of the host country, and assist in ensuring that your legal rights, as provided locally, are protected;
• conduct prison visits and ensure treatment consistent with what would be expected by the host country’s own citizens;
• notify your next of kin, at your request, about your situation; let them know whether, and how, they can help; and keep them informed;
• provide a list of local English-speaking lawyers and information about local legal aid;
• direct you to sources of information about local laws, regulations, cultural customs, and visas; and
• provide financial assistance, but only as a last resort and in exceptional circumstances (i.e., if there is no one else who can help you). For more information, please see our FAQ on Financial assistance.

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4.   Can the Canadian government help me if I am arrested in a country where I am a dual national?

If you are arrested in a country where you hold dual citizenship, the Canadian government's ability to provide assistance may be limited by the laws and practices of that country. Nonetheless, you should request access to Canadian consular officials, who aim to provide protection for all Canadian passport holders, whether or not they are dual nationals. For further information, consult our publication entitled Dual Citizenship: What Travellers Should Know.

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5.   Where can I find more information on arrest and imprisonment abroad?

See our publication entitled A Guide for Canadians Imprisoned Abroad.