Advertisement

Does the Canadian government have to help citizens stuck abroad? A look at the rules

Click to play video: 'Canada continues to repeat calls to Hong Kong authorities, Chinese government for de-escalation'
Canada continues to repeat calls to Hong Kong authorities, Chinese government for de-escalation
WATCH: Canada continues to repeat calls to Hong Kong authorities, Chinese government for de-escalation – Aug 19, 2019

Canadians travelling abroad may think the government has a responsibility to bail them out of situations where their safety is compromised — but that isn’t necessarily the case.

Issues surrounding if and when the Canadian government has a duty to help remove citizens from dangerous situations arose recently with cases of individuals trapped in Kashmir amid an Indian government-imposed lockdown and in Hong Kong where protests have turned violent.

One Mississauga, Ont., man, whose parents are among the Canadians in Kashmir amid a communications blackout, sought help from Global Affairs Canada last week and was told the government cannot take responsibility for their safe return.

Meanwhile, in Hong Kong, there are roughly 300,000 Canadians living amid protests that have at times led to violence and flight cancellations.

Story continues below advertisement

Foreign Affairs Minister Chrystia Freeland said earlier in August that the government is aware of the situation in Hong Kong and working on “careful plans for all contingencies.” But helping Canadians stuck in other parts of the world can involve high political stakes.

WATCH: Freeland urges Canadians to ‘exercise a high degree of caution’ in Hong Kong

Click to play video: 'Chrystia Freeland urges Canadians to ‘exercise a high degree of caution’ when visiting Hong Kong'
Chrystia Freeland urges Canadians to ‘exercise a high degree of caution’ when visiting Hong Kong

In Hong Kong’s case, Scott McKnight, a PhD candidate the University of Toronto, noted the situation is complicated given the diplomatic rift with China.

“In normal times, a democratically elected government would call on restraint and cooler heads to prevail in an authoritarian state regarding the latter’s response to mass demonstrations,” McKnight explained. “But these aren’t normal times: Canada’s response to the Hong Kong protests cannot be taken out of the context of the nine-month-long extreme chill in Canada-China relations.”

Story continues below advertisement

He added that China is known to be “hypersensitive to perceived infringements of its sovereignty.”

These are all considerations that consular services must take into account before providing support, which means help isn’t always immediate. Here’s a closer look at how consular services work in Canada.

How consular services work — and how much they cost

Consular services provided by the Canadian government operate 24 hours a day and seven days a week.

The Canadian Consular Services Charter outlines that a range of services are provided, including help in case of a medical emergency, replacing lost or stolen passports, and requesting investigations of suspicious circumstances.

However, the charter also spells out issues the government cannot help with. Among several other tasks, consular services cannot guarantee Canadian travellers’ safety, post bail or pay legal fees, pay medical expenses, reimburse money for hotels or trip disruptions, or intercede with foreign immigration officials’ decisions on entry or exit from a country.

The charter also notes that services offered may differ among consulates and individual situations. This is particularly the case during natural disasters and violent circumstances.

Story continues below advertisement

Global Affairs Canada has about 470 staff members that deliver consular support to 150 countries. In the 2016-17 fiscal year, such services cost the government $156 million.

Consular support shortcomings

A spring 2018 audit on Canadian consular services found shortcomings in the process.

While the audit report said the Canadian government often successfully provided consular services during international crises such as weather-related emergencies, terrorist events and political uprisings, it noted room for improvement in several areas, including communication and tracking performance.

The report concluded: “Global Affairs Canada did not have the performance information necessary to ensure it adequately responded to requests for consular assistance from Canadians travelling or living abroad. The ability to provide consular services varied significantly across missions. Because it did not track performance results for most of its consular services, Global Affairs Canada could not ensure that services were effective or appropriate.”

Global Affairs Canada agreed to a series of recommendations in the report, and outlined timelines for the various changes needed.

WATCH: Trudeau says Canada engaging with Chinese officials on detained Canadian diplomat

Click to play video: 'Trudeau says Canada engaging with Chinese officials on detained Canadian diplomat'
Trudeau says Canada engaging with Chinese officials on detained Canadian diplomat

Another November 2018 report, titled Strengthening the Canadian Consular Services Today and for the Future, was presented to the House of Commons with a series of recommendations on how services can be bettered.

Story continues below advertisement

The report included a wide range of tips, from how officials can better communicate online, to how they handle complicated emergency situations such as kidnapping of Canadians. It noted that a growing number of Canadians are travelling aboard and services need to be modernized to accommodate needs.

Among the recommendations was that Canadian consular services work better with other countries’ consular services, legal experts and human rights groups in complicated cases.

“Having a broad range of relationships at the domestic, bilateral, and international levels can be especially useful during consular emergencies and in complex consular situations,” the report read.

Large-scale emergencies are different

While consular services outlines what help will and won’t be provided, it does retain the right to make exceptions in special circumstances, including situations where there are natural disasters and civil unrest.

The Canadian government in such cases can deploy teams to help officers already in the region and provide timely updates to travellers.

Most notably, the consular charter can also decide to help Canadians depart to the nearest “safe haven” — on a cost-recovery basis.

It can also remain in contact with family members in Canada, or try to put Canadians in contact with family members.

Story continues below advertisement

WATCH: Canadian detainees held without access to lawyer, consular visits only once a month

Click to play video: 'Canadian detainees held without access to lawyer, consular visits only once a month: McCallum'
Canadian detainees held without access to lawyer, consular visits only once a month: McCallum

What to know before you travel

Before Canadians travel, the government notes they should buy travel insurance, consult travel advisories and sign up on the Canadians Abroad registry.

The voluntary registration allows the government to know where Canadians are should an emergency arise.

The government also advises Canadians to note the contact information of the nearest consular office to their destination.

Sponsored content

AdChoices