The Department of Foreign Affairs and International Trade is aware of five incidents in the last five years in which Canadian diplomats overseas are alleged to have violated national or local laws in their host country. Not included are tickets for traffic offences, which departmental policy requires diplomats to pay themselves. Provisions of the Privacy Act prevent the department from releasing personal information; for this reason, the identity of individuals must be protected.
Three of the five incidents involved minor dependants of diplomats.
The first incident involved an alleged misdemeanour of arson by a minor dependant. A waiver of immunity was requested but not granted in this case. Given the very minor nature of the offence, the government of the host country took no further action.
The second incident involved an allegation of driving while impaired by a minor dependant. The department was advised by the host country that a refusal to waive immunity would result in loss of the dependant's driver's licence. The family returned to Canada shortly after the incident.
The third incident involved a Canadian consular officer alleged to have uttered a death threat. No charges were laid against this individual in the host country. However, a foreign court ordered the individual to stay away from a certain area. Since consular officers have more limited immunity than diplomats, the individuals was subject to the jurisdiction of the court. The individual was recalled to Canada by the department.
The fourth case, involving a diplomat formely posted to Israel, is generally considered public knowledge. This individual was not charged in the host country and thus no issue of immunity arose. The incident led to the laying of criminal charges in Canada last year for trafficking in narcotics.
The fifth case involves a recent allegation of an indecent act in a park by a minor dependant. The department waived immunity in this case and the matter is before the courts.
- The word “diplomat” is used in a generic sense to cover all persons enjoying consular and diplomatic immunities and privileges.