CALGARY, AB, Sept. 6, 2011/Troy Media/ – The scene is iconic. The good guy (usually an American but substitute Canadian, Australian or British) races across a foreign city with the local police (or military) in hard pursuit. Just as the good guy is about to get caught or shot – or both – he squeaks his way in to his embassy and sanctuary enforced by armed guards ready to shoot the local constabulary.
Great movie scene but it never really happens. Too many Canadian businesspeople believe that, when travelling, local laws do not apply to them and that the embassy, or more specifically the Ambassador, will bail them out of any trouble they get into. Pure fiction.
You're pretty much on your own
Under international agreements all the Canadian ambassador can – or will – do is ensure that you are treated the same as all prisoners in that country, no better no worse. They will also make occasional visits to ensure that you are receiving proper nutrition and health care. The Embassy will not provide a lawyer or legal advice though most will give you a list of lawyers you can call – provided you are allowed to use a telephone. After that, you are pretty much on your own. Diplomatic immunity just does not apply to you.
The reality is that, when you travel, local laws very much do apply. To a foreign government it does not matter what the rules are in Canada – you are responsible to know what the laws are. There is one international rule that always applies – ignorance of the law is no excuse.
Canada, the United States, Great Britain and most of her former colonies practice common law. If you grew up in any of these countries you know the rules: laws are based on precedent, you are innocent until proven guilty, trial by judge and/or jury, right to face your accuser etc etc.
In the rest of the world including most of Europe, Asia, Latin America and the Middle East, the legal system is known as civil law. Under civil law the rules are, generally, that you are guilty until proven innocent, you will be tried by a magistrate who acts as judge and prosecutor, you are responsible for your own attorney and sentences are based on the facts of the case – seldom precedent.
The result is that when you break the law you are facing a very different reality. Every year Canadians travelling for both business and pleasure run afoul of the law in some foreign country and automatically play the "I am a Canadian card." It seldom works.
Take the case of Brenda Martin from Trenton Ont. She moved to Mexico to work for another foreigner. The first challenge was that she was working without a visa – what we would call an illegal immigrant in Canada. It turned out that her employer was an infamous financial scam artist and questions were raised about how much she knew. The end result was her being sentenced by a Mexican court to five years in jail – arguably less that a Mexican charged with the same crimes would have received. She was only released from prison and returned to Canada when local news media put pressure on the Harper government to conclude a political deal. Most Canadians incarcerated abroad are not so lucky.
The other issue that Canadians face travelling abroad is the thorny one of bribery. The Canadian government years ago enacted legislation that makes it illegal to "give anything of value in the hope of financial or other reward." The challenge is just where is the line? In many countries bribery is both accepted and necessary to get business done. Yet Canadians cannot practice it without facing criminal prosecution at home. The end result? There are some countries in which Canadians just should not do business.
What is the answer? First do your homework. The internet is a great place to start. Go to the website for the Embassy in Canada for the country you are going to visit. Read their warnings and instructions and take them seriously. Then check out the Department of External Affairs website and see what they say about the laws of the country you are visiting.
Get professional advice
Finally, if you are travelling for business, even to someplace as familiar as the US, get professional advice from lawyers, accountants and business consultants knowledgeable about the country you are heading to.
There will be costs but no matter how expensive it will be cheaper than a long stint in a foreign jail.
By, Norman Leach
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