Getting into legal trouble while in a foreign place doubles the stress of dealing with legal issues along with being unfamiliar with your surroundings and what the legal process will look like. It is important to remember that every country’s jurisdiction is different, and every legal system has its own nuances and ways of conducting its business. The goal however of this post is to provide some overarching advice on how to best maneuver your affairs to avoid custody in a foreign place and to get home safe and unharmed. None of this is certain to work and much of it is highly dependent on the context of a detention or arrest like what country you are in, what crime are you being accused of committing, what your citizenship or visa status is where you are, and a multitude of other contexts. What we can suggest however is the following:
The most important thing you can do as suggested by the Government of Canada is to ensure someone is contacting a local Canada government office like an embassy or consulate to inform them of your arrest. This is incredibly imperative and can go a long way in getting your safe return to Canada. If you are unable to get someone, ask local law enforcement to allow you a way to contact a Government of Canada office and if they refuse, ask them to contact on your behalf. Law enforcement should comply with this request, but of course this is never guaranteed.
Beyond contacting a Canadian office or embassy, you will most likely have to hire a local lawyer. It is unfortunately unlikely that anywhere other than potentially the United States that a Canadian lawyer can provide much help. Ask for a list of lawyers from law enforcement and again they should comply. Be wary of any lawyers/ people claiming to be lawyers that approach you at a jail/police station charging exorbitant upfront fees guaranteeing your release. According to the Government of Canada there have been unfortunately multiple cases of fraud from people posing to be lawyers or actual lawyers that hang around police stations/jails and charge incredible amounts upfront and then do not adequately support or don’t support people at all. Also, do not attempt to “bribe” any officers of law. This is a crime in practically any jurisdiction and can land you in a lot more trouble than you already may be in.
Work with local counsel, do your best to navigate your case as best as you can, and again contact as many people as possible to have them aware of your situation and make sure that a Canadian embassy or other government office is aware of your situation and the Government will hopefully be able to offer support from the outside.
It is inevitable that some Canadians will get caught up in a criminal proceeding despite their innocence, especially with issues such as language barriers or racial profiling. Beyond these, hopefully rare, situations, the best protection from unfair legal proceedings is to not commit any crimes. It is important to always be diligent and careful with your actions, especially in a foreign country. Other countries also have different laws. Something that’s allowed in Canada, such as simple possession of a small amount of marijuana for personal use, can be treated as a very serious criminal offence in other areas of the globe. If you do not want to get caught up in legal trouble, be aware of the laws of the place you are visiting, ignorance to the laws of another country will almost never be treated as a valid excuse. You should avoid any criminal activity or anything that could even be possibly perceived as criminal to the best of your ability, and above all use your best judgment and common sense when making decisions especially in a foreign country.
Even if you return safely there is a chance you can still be tried criminally back home. If you need to speak with a lawyer upon your return, do not hesitate to contact us for a confidential consultation through our contact page or call us at (905) 541-2228.
