41(1) of the VCCR.ģ Honorary consular officers should be treated as ordinary Canadian citizens or Permanent Residents of Canada, except when clearly acting in their consular capacity. * Includes Members of the Administrative and Technical Staff of the United States of America, in accordance with the Administrative and Technical Staff of the Embassy of the United States and Families Privileges and Immunities Order.ġ However, a person enjoying personal inviolability such as a diplomatic agent, career consular officer or member of the administrative and technical staff, may be temporarily taken into protective custody in order to prevent the repitition or continuation of an offence, and until such time as a responsible member of the mission or post arrives to relieve the police of this responsibility.Ģ Career consular officers cannot be arrested or detained pending trial unless a judicial warrant has been obtained in advance and the charges is for a "grave crime" (one for which the maximum penalty is five years or more), and issues of public safety are involved, in accordance with Art.
However, this chart can generally be relied upon as reflecting DFATD's interpretation of the law to be applied on a consistent basis by its staff. The scope of immunities listed on this page is not intended for United States preclearance officers working in Canada. This interpretation chart is not the law the law is contained in the Acts themselves, such as the Foreign Missions and International Organizations Actand related Orders in Council.
Law enforcement officers seeking advice on the immunities of accredited foreign representatives can consult the Diplomatic Security Liaison Unit. The status of accredited foreign representatives, and hence the level of immunities, is determined by the entry under "designation" and category of Acceptance/Identity Card, not by the colour or the serial letter on such documents. This chart is intended as a guide for law enforcement, border and other authorities who require information to establish the level of immunity granted to foreign representatives. Scope of Immunities and Summary of Law Enforcement Measures - Bilateral Postings
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