Mr. Speaker, the following reflects a consolidated response approved on behalf of Global Affairs Canada ministers. On parts (a) to (d) of the question, Canadians travelling and residing abroad are subject to the laws of the country in which they are located, and laws and legal processes differ greatly between countries. Global Affairs Canada provides consular assistance to Canadians abroad and, in situations involving the arrest and detention of a Canadian in a foreign jurisdiction, is committed to advocating for fairness and due process under local law.
Global Affairs Canada is not in a position to provide exact number of such cases and applies the provisions of the Privacy Act when preparing parliamentary returns. In cases where Canadian consular officials have suspicions or concerns regarding the legitimacy of allegations and due process, or the detained individual, or family member or advocate, raises concerns, Canadian officials closely monitor the situation, actively engage with relevant stakeholders and take strategic actions to advocate for the Canadian’s rights and interests. Canadian officials could rely on a range of potential interventions which could include actively advocating for fair treatment with the host government, visiting the detained individual more frequently than service standards would require, liaising closely with the individual’s legal representative, attending court proceedings and trials, or other actions to closely monitor developments and ensure that Canada’s expectations for a fair legal process are well understood. Since each consular case is unique, a tailored approach is often required and consular officials must adapt their interventions to each local context and circumstance.
On February 15, 2021, Global Affairs Canada launched the “Declaration Against Arbitrary Detention in State-to-State Relations” to demonstrate global opposition to the practice of arbitrarily arresting, detaining and sentencing foreign nationals for diplomatic leverage. The declaration aims to protect citizens of all countries who live, work and travel abroad through a concerted commitment to core principles of human rights, consular relations, the rule of law and the independence of the judiciary.
The declaration is now endorsed by more than one-third of the world’s countries, 67 countries and the EU, and many UN bodies have supported the initiative. Global solidarity works and the impact of the declaration is tangible. International advocacy and the collective efforts of this coalition were instrumental in facilitating the release and return to Canada of Michael Kovrig and Michael Spavor after 1,020 days in arbitrary detention. It is now clear to countries that practise arbitrary arrest, detention and sentencing that this behaviour will lead to sustained and serious condemnation by the international community. Global Affairs Canada is actively working to expand the broad coalition of states, organizations and civil society supporting this initiative.
Turning words into action, Global Affairs Canada developed an associated partnership action plan to coordinate further action. The partnership action plan sets out a range of voluntary activities that states, organizations and civil society can support to sustain momentum and deter future cases. Together, the declaration and partnership action plan remain essential tools to raise the political and reputational costs for states that engage in this practice contrary to international law.
Efforts to resolve active cases and deter new cases worldwide is strongly referenced in the foreign minister’s mandate letter as follows: “Work with G7, NATO and like-minded partners to develop and expand collective responses to arbitrary detention…including through the use of sanctions, support for international institutions and coordinated action” and “Continuing to expand the broad coalition of states supporting Canada’s initiative to condemn and eradicate the practice of arbitrary detention and advancing an action plan to coordinate collective international responses to specific incidents of arbitrary detention.”
Global Affairs Canada is actively working towards achieving these commitments and will continue to raise the declaration’s objectives and principles in regional and multilateral organizations, advance research and international law in this area and engage with civil society, think tanks and academics.