Arrest and Detention
If you are an American and you have been arrested or detained, please contact your nearest Consulate.
Americans in Canada are fully subject to Canadian laws and procedures. Americans arrested or detained in Canada have the right to communicate with an American Consular Officer. Such communication allows the Consulate to monitor a detainee's general welfare and ensure, as far as possible, that individual rights under local law are observed and proper treatment is accorded under internationally accepted standards. In addition, the Consulate, upon request, can facilitate communication with family and friends, provide a list of attorneys, and assist in arranging the transfer of personal funds from the U.S. to pay legal or other costs.
Please be aware that a Consular Officer cannot arrange for the release of anyone or act as an attorney. Equally, a Consular Officer can not act as a personal representative when dealing with Canadian prison authorities. Also note, The U.S. Government does not provide bail money or pay attorneys' fees. Detainees who wish to raise an issue with prison authorities should follow appropriate channels within the institution.
The Consulate strongly suggests that detainees obtain the services of an attorney, either private counsel or one provided through the Canadian legal aid system. While the similarities in Canadian and American lifestyles are reflected in the same general approaches to legal, customs, and immigration questions, the structures of the Canadian judicial and law enforcement systems are quite different.
In all communications with the Consular Officer, the right to privacy is protected by U.S. law under the Privacy Act. The information provided will not be released to anyone unless specifically authorized with a Privacy Act Waiver. Waivers are available from your nearest Consulate upon request.