In danger abroad? The Canadian government says it isn't obligated to rescue you
CBC
The evacuation of Canadians from Sudan is raising some thorny questions about the federal government's obligations toward citizens in danger abroad — and its ability to help them.
As of Friday, Ottawa had evacuated 250 Canadians from Sudan, which is currently in the throes of a bloody new civil conflict. Ottawa says some of the evacuees have left on flights organized by Canada's allies, while 117 got out on Royal Canadian Air Force (RCAF) transport aircraft. The Canadian Armed Forces (CAF) has deployed troops to support the effort.
The government has received hundreds requests for assistance from Canadians and their dependents in Sudan.
But even though the government is evacuating Canadians from Sudan now, it has argued in the past that it's not actually required to do so.
"Traditionally, the Canadian government has taken the position that it does not have a legal obligation to repatriate Canadians abroad," Yves Le Bouthillier, a law professor at the University of Ottawa, said in an email.
Section 6(1) of the Charter of Rights and Freedoms says every Canadian citizen "has the right to enter, remain in and leave Canada."
That right doesn't necessarily mean the government has to rescue Canadians in distress around the world.
"At the very least, the Canadian government has a legal obligation not to create obstacles to the return of Canadians from abroad," Le Bouthillier said.
Whether the government is required to repatriate Canadians is a question now before the courts.
Earlier this year, the Federal Court ruled that Canada must repatriate four Canadian men from Syria. The government has been reluctant to do that because the men are suspected of having joined the terrorist group ISIS.
The government appealed the decision, saying in its notice of appeal that the Federal Court judge erred in "effectively" creating "a right to be returned."
Le Bouthillier said the Federal Court of Appeal likely will decide on the matter within months.
While the Canadian government doesn't believe it has a legal obligation to evacuate citizens abroad, it usually makes efforts to do so in cases where Canadians find themselves trapped by war, severe civil unrest or natural disasters.
But practical difficulties can get in the way even when the government wants to help.