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Consular Assistance - Death Abroad

Updated: Mar 4, 2024




Vacation should be a happy time for everyone.  When we travel to spend some well-deserved time off to relax and recharge, we expect to enjoy every moment of it.  We might be saving for months to afford this trip and have prepared for it long before.  But despite all the precautions we take, an unexpected crisis can hit anyone while sojourning abroad.  

 

This is what happened to William Gareau, a 25-year-old Canadian who died last January 2024 while he was on vacation with his girlfriend in Punta Cana.  William held a degree in business administration and was a successful Sales Manager at Pharmascience.  He was a healthy young man whose sudden death following a peculiar psychotic break left his parents under the shock with so many unanswered questions surrounding the circumstances of this incident.      

 

In an article published in Le Journal de Montreal on February 23, William’s parents spoke about not having received any assistance from the Canadian Embassy.  Although all they wanted was a reasonable explanation of what really happened to their son, perhaps a police report, an investigation, or an autopsy to confirm the cause of death.   These requests seem quite reasonable to me and could have been made by the embassy to foreign authorities on behalf of family members.  The embassy can submit requests to investigate the death of its citizen, request an autopsy report and at the very least, express concern and make follow-ups.  These steps can make a huge impact on the case and can pressure a foreign government to take the matter seriously.  

 

But the questions are, on what grounds were these requests denied by the embassy? And if the embassy had legitimate grounds for denying assistance to a citizen, was a reasonable explanation shared with the citizen? Was the decision well founded? Although such requests seem to fit fairly well under the definition of “assistance” Global Affairs commits itself to provide.  Embassies should protect the rights of its citizens abroad and represent their interests in foreign countries.  Afterall it is one of its main objectives according to The Vienna Convention on Consular Relations, article 5(a).  

 

Under the Crown prerogative, the government doesn’t have the obligation to provide consular services but has the authority.  However, I think that in a liberal and democratic society, the government does have the obligation of transparency and openness towards the public and in case of denial of consular services to a citizen, Global Affairs need to be able to provide the legal grounds for the denial.


 
 
 

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