ABSTRACT
A receiving state’s obligation to inform a foreign national about consular access comes into play only if the circumstance specified in VCCR Article 36 obtains, namely, that the foreign national is under arrest or detention. The most usual situation is an arrest on suspicion of a criminal offense. VCCR Article 36 does not further define “arrest” or “detention.” Canada’s instructions encourage consuls to seek information of any arrest or detention of a Canadian national (Document 1).
