Canadian forensic autopsies and jurisdiction

AI summary

Petitioners ask Parliament to require Canadian autopsies for suspicious deaths abroad, boost consular support, and affirm Canadian jurisdiction over Canadians abroad. The government responds that foreign law constrains consular action and Canada cannot compel autopsies.

AI summaries describe petitioners’ requests and claims. Consult the official record for the full text.

Official petition

Petition to the House of Commons in Parliament assembled Suspicious deaths abroad & autopsies; Lack of advocacy and information for families; and Jurisdiction when Canadians harm Canadians abroad. We, the undersigned, citizens and residents of Canada, call upon the House of Commons to introduce legislation, commonly referred to as “Kiara’s Law,” to require mandatory Canadian forensic autopsies in cases of suspicious deaths abroad, establish enhanced consular advocacy standards for victims’ families, and amend the Criminal Code of Canada to affirm Canadian jurisdiction in cases involving harm or death of a Canadian by another Canadian outside of Canada.

Government response

Response by the Minister of Foreign Affairs Signed by Rob Oliphant Global Affairs Canada recognizes that the death of a loved one abroad, particularly in suspicious or complex circumstances, is profoundly distressing for families. When such tragic events arise, Canada’s consular officials provide clear, compassionate, trauma-informed, and timely assistance within Canada’s consular mandate, which is constrained by local laws and international law, including customary norms and treaties. Investigations, including forensic autopsies, are conducted pursuant to the laws and jurisdiction of the foreign state where the death occurred. Canada does not have the authority to compel foreign authorities to conduct or permit a Canadian-led autopsy. When a Canadian citizens dies abroad, Canada’s consular officials support families by, where appropriate, raising families’ questions or concerns with local authorities and seeking clarification on investigative steps taken; liaising with local authorities to obtain available information on the circumstances of the death; explaining local legal and investigative processes, including autopsy practices and death certification; assisting in families’ navigation of local procedures; providing information on options related to the repatriation of remains or ashes; and referring families to support services. In addition, Canadian citizens who have been the victim of a serious violent crime in a foreign country, including the surviving family members of a Canadian citizen who has died by homicide abroad, may be eligible for financial assistance through Justice Canada’s Victims Fund. As of April 1, 2007, financial assistance is available to individual Canadian citizens who are victims of specified serious violent crimes in a foreign jurisdiction for serious situations of undue hardship where no other source of financial assistance is available. Parliament has provided for the ability of Canada to take jurisdiction over offences committed outside of Canada by Canadian citizens in very limited circumstances, for example, in relation to child sexual offences, human trafficking, and terrorist offences. These prosecutions necessarily require the cooperation of the foreign jurisdiction, generally can only be done with the consent of the Attorney General, and are costly and complicated. With a view to strengthen clarity, transparency, coordination, and service delivery, Global Affairs Canada continuously reviews its consular policies and practices, including guidance related to deaths abroad, trauma-informed engagement, and family communications. Global Affairs Canada works closely with federal partners, including the Department of Justice and Public Safety Canada, when issues intersect across mandates to support Canadian citizens abroad and their loved ones.