R v. V

R v. V

Article 36 of the VCCR is enforceable in Canada and, where police have failed to inform or secure consular access for a detained foreign national, the court may validly endorse a remand warrant (Form 19) to require corrections authorities to place the detainee in contact with their diplomatic mission without delay as a condition of detention/remand.

Citation
2020 NSPC 31
Parties
Crown: Her Majesty the Queen; Accused: ASV
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
13 August 2020
Procedural Posture
Criminal / Remand/arraignment
Outcome
Remand ordered with endorsement directing corrections authorities to place the detainee in contact with the Colombian diplomatic mission; publishing restriction maintained to protect complainant identity.
Legal Topics
Consular Notification, Vienna Convention on Consular Relations, Remand, Rights of Detained Persons, Treaty Enforcement in Domestic Law, Police Arrest Procedure
Source Language
English
Criminal Law Criminal Procedure International Law Administrative Law Constitutional Law Consular Notification Vienna Convention on Consular Relations Remand +3 more

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Parties

Her Majesty the Queen

Crown

ASV

Accused

Procedural Posture

Criminal / Remand/arraignment

Legal Issues

  1. 1 Whether Article 36 of the Vienna Convention on Consular Relations (VCCR) is enforceable in Canada
  2. 2 Whether police failed to fulfil Article 36 duties to inform and ensure consular access
  3. 3 Whether a court may and should order corrections authorities to place a detained foreign national in contact with their consulate as part of remand terms

Ratio Decidendi

Article 36 of the VCCR is enforceable in Canada and, where police have failed to inform or secure consular access for a detained foreign national, the court may validly endorse a remand warrant (Form 19) to require corrections authorities to place the detainee in contact with their diplomatic mission without delay as a condition of detention/remand.

Court Disposition

Remand ordered with endorsement directing corrections authorities to place the detainee in contact with the Colombian diplomatic mission; publishing restriction maintained to protect complainant identity.

Orders

  • Endorse Form 19 remand warrant to require that corrections authorities place ASV in contact with the diplomatic mission of the Republic of Colombia to Canada without delay.
  • Proceedings to continue by videolink in accordance with COVID‑19 measures; remand to continue as consented by the accused.