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Know your rights when abroad

By DEBORA VAN BRENK, QMI Agency
If you want to avoid a travel nightmare, experts advise you step into another country with your eyes wide open. (Comstock Complete)

If you want to avoid a travel nightmare, experts advise you step into another country with your eyes wide open. (Comstock Complete)


If you want to avoid a travel nightmare, experts advise you step into another country with your eyes wide open.

Different countries have different customs and norms. And, if you get into trouble with their laws -- even by accident, as Simcoe teen Cody LeCompte has done in Cuba -- you have different rights than when you're in Canada.

Q: Why can't the Canadian government just get Canadians out of jail in foreign countries?

A: One word: sovereignty. A country is allowed, within some globally accepted limits, to set its own rules of conduct within its borders. And just as Cuba can't order us to release one of its citizens who has been charged in Canada, we can't demand release for one of our citizens just because we don't like their laws. Our government can put diplomatic or economic pressure on theirs, but only Monopoly games have a get-out-of-jail-free card.

Q: If I am arrested, how do I get help?

A: Before you leave home, jot down the phone number of the Canadian consulate nearest your destination. (Those numbers can be found through your travel agent or online at www.voyage.gc.ca.) If arrested, tell police you want the nearest Canadian government office notified immediately. Under international rules, they must allow you to talk with someone from the Canadian consulate in or near that country. Note, they can't get you out of jail, post bail or pay your fines.

Q: What good is a consulate, then?

A: Consular officials can help ensure your rights under local laws are protected; make sure you are treated humanely if imprisoned; notify relatives and keep them informed; and provide a list of local, English-speaking lawyers. If you're not in jail, other consular services include replacing passports and help with emergency evacuations.

Q: But back to the jail thing -- what about all the rules of innocent unless proven guilty?

A: Sorry, that's not a universal principle. In some places, "they'll throw you in jail and ask questions later," says Mike Foster, president of Uniglobe Instant Travel in London. "Your best bet is to know the laws, keep your nose clean and not get into trouble."

Q: So how do I know what laws apply in which countries?

A: Do your homework before you go. Your local federal government office or passport centre has pamphlets entitled "Bon Voyage But...," for general info on laws and personal safety. (It's also available online at www.voyage.gc.ca, the official travel site of the Department of Foreign Affairs and International Trade Canada.) For warnings and travel reports about every country, check out www.voyage.gc.ca/countries_pays/menu-eng.asp. That will identify recent safety incidents, laws and customs, health risks, travel and currency, imports, exports, climate and Canadian government contacts.

Q: What does that Canadian site say about renting vehicles in Cuba?

A: In part, it says, "Traffic accidents are a frequent cause of arrest and detention of Canadians in Cuba. Accidents resulting in death or injury are treated as crimes, and the onus is on the driver to prove innocence. Regardless of the nature of the accident, it can take five months to a year for a case to go to trial. In most cases, the driver will not be allowed to leave Cuba until the trial has taken place. In some cases, the driver will be imprisoned during this delay.

"Canadians should be cautious when renting a vehicle in Cuba. Although insurance is offered, coverage differs from that in Canada. If the traveller is in any way at fault in an accident, rental agencies will nullify coverage and seek damages to cover the cost of repairs. Contract agreements do not cover occasional drivers, and the signatory is responsible for all people driving the vehicle. Rental agencies are government-controlled and can prevent your departure from the country unless payment is obtained. Charges associated with accidents can range into the thousands of U.S. dollars...

"Under the Cuban judicial system, charges are not laid until the investigation is complete, and the accused may be jailed during the entire period of investigation."

Q: Anything else I should know?

A: Plenty. You're not in Canada anymore so, "don't assume anything," warns Foster. In general, avoid drug use, sex tourism and photographing military installations wherever you go. Check what clothing is appropriate, too, because a halter top that's perfectly fine to wear here may be a jailable offence elsewhere. Some other examples from the Foreign Affairs website: highway drivers in Switzerland face a fine if they don't display a travel sticker on car windshields; beware of "express kidnappings" in Peru, where kidnappers may hold someone only for as long as it takes to get to a money machine for ransom cash; in Barbados, dial 211 for police help and 511 for an ambulance but don't expect either to arrive quickly.

deb.vanbrenk@sunmedia.ca

This story was posted on Mon, August 16, 2010



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