Legal and Judicial Systems Abroad

Thousands of Canadians are in jail abroad - many of them for drug-related offences. Being Canadian doesn't exempt you from local laws. If you break the law in another country, you are subject to that country's judicial system.

Your Canadian citizenship does not mean that you will get preferential treatment, immunity or special protection. Canadian officials can neither protect you from the consequences of your actions nor override the decisions of local authorities. Canadian consular officials can provide assistance and support to Canadians in jail abroad, but they cannot arrange for their release.

In many countries, illegal drugs are readily available and openly used. Nonetheless, they remain illegal. Canadians get into serious trouble for buying, selling, using or transporting drugs.

In some countries, you will be charged for being with a person suspected of a crime. When travelling, use common sense. Choose your travelling companions wisely. Do not pick up hitchhikers, and never cross an international border with someone you don't know and trust. Although you may not be carrying anything illegal, you could be implicated by association if your companions are. And as the driver of a vehicle, you could be held responsible for your passengers' misdeeds, even if you knew nothing about them.

Once accused, a person may be presumed guilty until proven innocent. Being a foreigner or not knowing the local laws is no excuse, any more than it would be in Canada.

Some countries, including the United States, have a zero-tolerance policy with respect to illegal drugs. This means that severe penalties are imposed for the possession of even a small quantity. If you are convicted of a drug-related crime in another country, you may be prohibited from returning to that country or from travelling to other countries.

The justice system in the United States is very different from Canada's. For instance, each American state has its own criminal code. Sentences are longer for many offences, including drug offences. As a foreigner, you may have trouble obtaining bail or release on parole following conviction.

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.

Don't use, buy, sell or transport illegal drugs while abroad. It's just not worth the risk.

Related Links Drugs and Travel: Why They Don't Mix A Guide for Canadians Imprisoned Abroad Arrest or Detention FAQs Arrest or Detention Problem