CONSULAR SERVICES

A GUIDE FOR CANADIANS
IMPRISONED ABROAD

Published by Foreign Affairs and International Trade Canada
To obtain more information or additional free copies of this booklet,
check the Consular Web site (www.voyage.gc.ca),
e-mail enqserv@international.gc.ca
or call 1-800-267-8376 (in Canada) or 613-944-4000.
This publication is available in alternative formats upon request.
Ce document est aussi disponible en français sous le titre
Guide à l’intention des Canadiens emprisonnés à l’étranger.
Information in this publication is readily available for personal and public
non-commercial use and may be reproduced, in part or in whole and by any means,
without charge or further permission from Foreign Affairs and International Trade
Canada. We ask only that users exercise due diligence in ensuring the accuracy of the
materials reproduced; Foreign Affairs and International Trade Canada be identified as
the source department; and the reproduction not be represented as an official version of
the materials reproduced, nor as having been made in affiliation with or with the
endorsement of the department.
All information in this publication is provided on an “as is” basis without
warranty of any kind, either expressed or implied. Foreign Affairs and International Trade
Canada makes all reasonable efforts to ensure that the information contained in this
publication is accurate at the time it is published. The department, as the
publisher, is solely responsible for the accuracy, completeness, timeliness and
reliability of any such information. The information, however, is subject to change
at any time without notice. Consult our Web site and resources in the
“For More Information or Assistance” section for the most up-to-date information.
The reader is also encouraged to supplement this information with
independent research and professional advice.
© Her Majesty the Queen in Right of Canada,
represented by the Minister of Foreign Affairs, 2007
Revision: September 2007
Cat. No. FR4-8/2005E
ISBN 0-662-41003-3

A GUIDE FOR CANADIANS
IMPRISONED ABROAD

Contents

Introduction

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

“. . . guilty and
sentenced to . . .”

Protection, Advice and Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Detainee/Prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Family and Friends in Canada . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
The Role of the Government of Canada . . . . . . . . . . . . . . . . . . . . . . . . . 5
Hiring a Foreign Lawyer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Services Provided by Consular Officials . . . . . . . . . . . . . . . . . . . . . . 7
Services Not Provided by Consular Officials. . . . . . . . . . . . . . . . . . . 7

Frightening words in any language.
Spoken to you by a judge in a foreign
court, perhaps in a language you do
not understand, they are terrifying.
They are also devastating to your
family and friends.
Thousands of Canadians are imprisoned in foreign countries. Most of
them are in the United States; the
rest are in prisons in almost 100
other countries.

Visiting a Canadian in Prison Abroad . . . . . . . . . . . . . . . . . . . . . . . . 8
Transfer of Offenders Treaties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
For More Information or Assistance . . . . . . . . . . . . . . . . . . . . . . . . 10

The criminal justice system in many
countries is different from Canada’s.
This does not mean that those systems
are inferior. It does mean that a
Canadian may be at a disadvantage
because of unfamiliarity with the
local judicial system, culture and
language. Frequently, prison conditions are harsher than in Canada.
As a Canadian detained or
imprisoned in a foreign country,
you will be subject to living
conditions that can be harsh
and depressing. The family and
friends of a Canadian detained
or imprisoned in a foreign country
often carry a considerable financial
and emotional burden for an
extended period.

This booklet provides information to
help you, as well as your family and
friends, benefit from the assistance
provided by the Government of
Canada through its consular services.
This assistance is available through
the Consular Affairs Bureau of
Foreign Affairs and International
Trade Canada in Ottawa (see the
contact information provided in the
For More Information or Assistance
section) and through Canadian
diplomatic and consular offices
abroad. “Consular” refers to the
services a government can provide to
its citizens who encounter difficulty
abroad. These services are clearly
established in international law and,
more specifically, under the terms of
the Vienna Convention on Consular
Relations, to which Canada and
many other nations are signatories.
For further information on the Vienna
Convention, contact the Consular
Affairs Bureau or consult our Web
site (www.voyage.gc.ca/main/
legal/legal_menu-en.asp).
Canadian consular officials have
extensive experience in dealing with
the types of problems you may
encounter, and they understand
how difficult the situation can be
for everyone. They are there to help.
Stay in touch with them, keep them
informed about your situation, and call
on them for the assistance you need.

3

Protection, Advice
and Assistance

Detainee/Prisoner
The emotional stress and practical
problems arising from arrest and
imprisonment in a foreign country
can be daunting. Foreign Affairs and
International Trade Canada can provide you with advice and assistance.
If you break the laws of another
country, you are subject to the
judicial system of that country.
Being a foreigner or not knowing
the local laws is not an excuse,
any more than it would be in
Canada. Foreign Affairs and International Trade Canada can neither
protect you from the consequences
of your actions nor override the decisions of local authorities.
If you are detained or arrested in a
foreign country and you choose to
talk to Canadian consular officials,
any information you give them will
remain confidential, subject to the
provisions of the Privacy Act. It
will not normally be passed on to
anyone—other than consular officials
concerned with your case—without
your permission. You have the right,
for example, to determine who will
be notified of your situation, and who
may act as your representative. Your
family and friends won’t have access to
your information without your consent.
4

However, under the Privacy Act,
personal information may be
disclosed in certain circumstances. A few examples include
where disclosure would clearly
benefit you, where the public
interest in disclosure clearly outweighs any invasion of your privacy,
or pursuant to a court order. It is
also important to note that the Royal
Canadian Mounted Police (RCMP)
and other police agencies have their
own international contacts and may
know of your circumstances through
those sources.
If you are detained or arrested
abroad and you wish to have
Canadian consular officials notified,
you should clearly make that request
to the arresting authorities. You
should contact the nearest Canadian
diplomatic or consular office abroad
or Foreign Affairs and International
Trade Canada at 1-800-267-6788
(in Canada and the United States) or
613-996-8885 (call collect from
abroad).
The arresting foreign authorities
have an obligation, under the Vienna
Convention on Consular Relations, to
advise you of your right of access to
a consular representative. They are
not, however, obligated to inform a
Canadian diplomatic or consular
office of your detention or arrest
unless you request it.

Family and Friends in Canada
As a family member or friend of
a person detained or imprisoned
abroad, you should contact the
Consular Affairs Bureau of Foreign
Affairs and International Trade
Canada at 1-800-267-6788 (in
Canada and the United States)
or 613-943-1055.
A consular official can provide you
with general information about the
country involved, prison conditions
and the local justice system. You
will not be given any details of the
detention or arrest, or told how to
establish communication with the
person, unless the detainee/
prisoner has authorized it.
You should resist the urge to take
immediate action, such as visiting
the detainee/prisoner, or sending
money or parcels. You should discuss
your actions with a consular official
in Ottawa, who will advise you on
the feasibility of such initiatives and
how best to proceed.
It is important to note that, in many
countries, mail sent or received by
detainees/prisoners will be opened
and read by prison authorities. It
is also not unusual for telephone
conversations to be monitored. Care
should be taken, therefore, not to
discuss or put in writing anything
that you would not wish to become
public.

The general approach of Canadian
consular services emphasizes selfreliance, respect for privacy and the
provision of help where it is needed.
To the extent possible, you should
make every effort to maintain direct
contact with the detainee/prisoner
through normal channels. Advice
and information is available from
consular officials, both in Ottawa
and at diplomatic or consular offices
abroad (www.voyage.gc.ca/alt/
canoffices.asp), and also from
Correctional Service Canada
(www.csc-scc.gc.ca).
The range of these services, however,
will be determined by your own ability
to provide support and assistance. In
general, officials will provide a more
comprehensive range of services
when a Canadian is detained or
imprisoned in a country where it is
difficult for family or friends to be of
much assistance, or where the prison
conditions warrant such services.

The Role of the Government
of Canada
A non-Canadian charged with a
criminal offence in Canada would be
tried under Canadian criminal law in
a Canadian court and, if convicted,
sentenced accordingly. Just as
Canadians would not accept a foreign
government interfering with the
Canadian judicial process, the
Government of Canada cannot
interfere in the judicial affairs of
another country.
5

That being said, the Government of
Canada will make every effort to
ensure that you receive equitable
treatment under the local criminal
justice system. It will ensure that
you are not penalized for being a
foreigner, and that you are neither
discriminated against nor denied
justice because you are Canadian.
It cannot, however, seek preferential
treatment for you, or try to exempt
you from the due process of
local law.
Hiring a Foreign Lawyer
The choice of legal representation
in the country of your detention or
arrest can be critically important and
should be made with care and caution.
As a first step, you should make
contact with a consular official at
the Canadian diplomatic or consular
office responsible for services in the
country of detention or arrest.
Consular officials can provide a list
of lawyers who have expertise in
your particular type of case, and who
may have represented Canadians in
the past. They cannot, however,
recommend specific lawyers. You
may, of course, prefer to engage a
lawyer who is not on the list. The
decision to hire a specific lawyer
remains your responsibility.

6

In either event, you may wish to
consider whether a lawyer is:
● experienced in your type of case;
● well regarded in the local legal
community;
● able to communicate in your
language of choice; and
● willing to agree on a fee structure
for the duration of the case,
including any appeal procedures.
Should you be unable to raise sufficient funds to hire a lawyer, consular
officials can give you advice on the
availability of legal aid in the country
in which you are detained or imprisoned. State-sponsored legal aid, as
offered in Canada, is not, however,
available in all countries.
Consular officials will facilitate
communication between you, or
someone you designate, and your
lawyer. Although officials will provide
you with information based on
their experience, they cannot make
decisions for you. Ultimately, all
decisions affecting the conduct of
the case must be made by you or
your representative.

Ser vices Provided
by Consular Officials
The range of services provided by
Canadian consular officials varies
from case to case and from country
to country. Services appropriate to
your case and situation will be
discussed with you and/or with
those you designate.
At your request, officials can:
● notify your family or friends of
your situation and let them know
whether—and how—they can
help;
● help you communicate with your
representative, family or friends;
● request immediate and regular
access to you;
● seek to ensure equitable treatment under local laws upon your
arrest or detention, consistent
with the standards of the host
country;
● obtain information about the status
of your case and encourage
authorities to process the case
without undue delay;
● provide you, your representative
or family with information on the
local judicial and prison systems,
approximate times for court
action, typical sentences in relation
to the alleged offence, and bail
provisions;

●

●

●

●

●

●

●

make every effort to ensure that
you receive adequate nutrition,
and medical and dental care;
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 provide permitted
reading material if normal postal
services are unavailable;
convey messages to you if telephone or postal services are
unavailable or impractical;
contact relatives or friends on
your behalf and ask them to send
you funds as required;
facilitate the transfer of funds to
you if other means are unreliable
or unavailable (fees apply); and
attempt to locate missing personal
property.

Ser vices NOT Provided
by Consular Officials
There are some services that
Canadian consular officials cannot
provide to you for reasons of law and
public policy.
For example, consular officials
cannot:
● get you out of jail;
● post bail, pay lawyers’ fees or
pay fines;
7

●
●
●

●

●

●

provide legal advice or interpret
local laws;
select or recommend a specific
lawyer;
become involved in matters of
substance between you and your
lawyer;
forward or deliver parcels entering
or leaving the country, or clear
them through customs;
circumvent prison rules regarding
what can and cannot be brought
into or taken out of the prison; or
make travel or accommodation
arrangements for your family or
friends.

Visiting a Canadian
in Prison Abroad
Arrangements to visit a Canadian
imprisoned abroad should be in
place before your departure.
Certain countries allow visits only at
specific times of the year, or place
restrictions on the number of visits
a prisoner may receive or on who
may visit. Common-law spouses,
for example, may not be recognized.
In some cases, language may be a
problem and you will need to be
accompanied by an interpreter. It
is also important to note that prison
authorities are unlikely to grant any
special treatment to visitors from
Canada, such as exempting them
from regular visiting hours.

8

You should discuss with officials in
Ottawa the details of any proposed
visit early in the planning stages.
Your itinerary will be forwarded to
the diplomatic or consular office,
which will make the necessary
arrangements for the visit to
the prison.
Transfer of Offenders
Treaties
Canada has valid transfer of offenders
treaties with many countries. These
treaties enable Canadians convicted
of offences in other countries to
serve, with their consent and the
approval of Canada and the sentencing countries, their sentences in
Canadian penal institutions, where
they can more easily prepare for their
return to Canadian life. The Minister
of Public Safety is responsible for the
implementation of these treaties. The
Correctional Service, a component of
Public Safety Canada, administers the
International Transfer of Offenders
Program through Foreign Affairs and
International Trade Canada and its
offices abroad. Transfer decisions are
discretionary and, for Canada, rest
with Public Safety Canada.
The countries with which Canada
has arrangements for the transfer of
offenders are: Albania, Andorra,
Armenia, Australia, Austria,
Azerbaijan, the Bahamas, Barbados,
Belgium, Bolivia, Bosnia and
Herzegovina, Brazil, Bulgaria, Chile,

Costa Rica, Croatia, Cuba, Cyprus,
the Czech Republic, Denmark, the
Dominican Republic, Ecuador, Egypt,
Estonia, Finland, France, Georgia,
Germany, Greece, Hungary, Iceland,
Ireland, Israel, Italy, Japan, Latvia,
Liechtenstein, Lithuania,
Luxembourg, Macedonia (former
Yugoslav Republic of), Malawi, Malta,
Mauritius, Mexico, Moldova,
Mongolia, Montenegro, Morocco, the
Netherlands, Nicaragua, Nigeria,
Norway, Panama, Paraguay, Peru,
Poland, Portugal, Romania, San
Marino, Serbia, Slovakia, Slovenia,
South Korea, Spain, Sri Lanka,
Sweden, Switzerland, Thailand,
Tonga, Trinidad and Tobago, Turkey,
Ukraine, the United Kingdom, the
United States of America, Venezuela
and Zimbabwe.
For information on transfer of
offenders treaties, contact the
Consular Affairs Bureau or consult
our Web site (www.voyage.gc.ca/
main/legal/legal_menu-en.asp).
You can also contact Correctional
Service Canada or visit its Web
site (www.csc-scc.gc.ca/text/
prgrm/inttransfer/trans_e.shtml).
In some countries, particularly
those with federal forms of government, individual states or provinces
determine whether or not to accede
to a transfer of offenders treaty
signed by their national government.
Consequently, Canadian offenders
imprisoned under their legislation

may not be eligible to apply for
a transfer to serve part of their
sentence in a Canadian correctional
facility. An offender imprisoned in a
state or province that has acceded
to the treaty could apply for a
transfer to a Canadian institution.
If Canada does not have a treaty with
the country of incarceration, a transfer
is not possible. The number of countries with which Canada has transfer
arrangements is increasing, and you
should inquire with the Consular
Affairs Bureau of Foreign Affairs and
International Trade Canada in Ottawa,
or with the local diplomatic or consular
office, for current information.
Only you, as the detainee/prisoner,
may make the request for transfer
to a Canadian prison. Canadian
consular officials will provide you
with the necessary documentation
to make an application for transfer;
however, your application must be
approved by both the host country
and Canada. If your application is
accepted, you will be transferred to
Canada, where you will complete the
terms of your original sentence, subject
to Canadian laws and regulations,
including conditional release.

9

It is important to note that a foreign
conviction will not constitute a criminal
record in Canada. As Canadian law
and policy do not make reference
to withdrawal of consent before the
transfer has been concluded, the
Government of Canada does not
object to a prisoner deciding to
abandon a transfer request in
progress. This is not necessarily
the case in all sentencing countries,
as a number of other governments
determine the process to be
irreversible at a certain stage. It is
important to be fully aware of the
sentencing country’s policies regarding transfer requests before submitting an application.
An application for transfer can
be submitted only after you have
been convicted and sentenced.
Furthermore, all appeals concerning
your conviction and sentence
must be exhausted, or the prescribed time for appeal must have
expired. In addition, at least six
months must remain on your
sentence at the time of submitting
your request for transfer.

For More Information
or Assistance

Name of prison:

Foreign Affairs and
International Trade Canada
Consular Affairs Bureau

Address:

www.voyage.gc.ca
125 Sussex Drive
Ottawa, ON
K1A 0G2
Canada

Tel.:

Name of consular official abroad:

Tel.: 1-800-267-6788 (in Canada
and the U.S.) or 613-996-8885 (call
collect from abroad)
Fax: 613-943-1054 or 613-996-5358
TTY: 1-800-394-3472 (in Canada
and the U.S.) or 613-944-1310
E-mail: voyage@international.gc.ca

Address:

Correctional Service Canada

Name of lawyer:

www.csc-scc.gc.ca
International Transfers
340 Laurier Ave. West
Ottawa, ON
K1A 0P9
Canada

Tel.:

Fax:

Address:

Tel.:
Tel.: 613-996-4095
Fax: 613-952-7676

Fax:

Fax:

Name of consular official in Ottawa:

Consular Affairs Bureau, Foreign Affairs and International Trade Canada
125 Sussex Drive, Ottawa, ON K1A 0G2 Canada
Tel.: 1-800-267-6788 (in Canada and the U.S.) or 613-996-8885
(call collect from abroad)
Fax: 613-943-1054 or 613-996-5358

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