Foreign Criminal Investigator's Protocol

Frequently Asked Questions

Q1 . Under which circumstances will the Foreign Criminal Investigators Protocol apply?

A1 . The Protocol is a default provision or safeguard to be used where no other process exists.  It applies to all foreign investigators intending to pursue criminal investigations in Canada except where such activities are already governed by other notification and approval requirements pursuant to an agreement or arrangement between the federal government and a foreign state .

Q2. Why does Canada need this Protocol?

A2. The Protocol aims to safeguard Canada’s sovereignty, security, and the public interest while providing clear direction and assistance to foreign partners wishing to pursue criminal investigations in Canada.

It also promotes effective criminal investigations and prosecutions so that foreign criminal investigators can comply with Canadian law while pursuing a criminal investigation in Canada.

As well, it offers protection to those persons in Canada whose rights may be affected by foreign criminal investigators.

Q3. How does the notification process work under this Protocol?

A3. Foreign criminal investigators submit a request to the foreign office/ministry in their home country. The request is sent to Canada’s Department of Foreign Affairs and International Trade (DFAIT) through diplomatic channels, i.e. in the form of a diplomatic note, at least two weeks in advance of the proposed visit.

Upon receipt of the request, DFAIT notifies the RCMP.

The RCMP reviews the request from an operational police perspective, coordinates with appropriate police agencies, and then advises DFAIT accordingly.

After conducting its own foreign policy assessment, DFAIT makes the final decision on whether to approve or deny the request. It then notifies the relevant foreign embassy and, if applicable, communicates conditions that may apply for the visit. The entire process may take approximately two weeks.

Q4. Do municipal/provincial police services also have a say in granting approval if the request to conduct a foreign criminal investigation falls within their jurisdiction?

A4. The RCMP will consult with relevant municipal and provincial police services to ensure that the activities of foreign criminal investigators do not unduly interfere with local law enforcement.

Q5. What is the role of the local police force when a foreign investigator is granted entry to their jurisdiction?

A5. The local police force will monitor and supervise the investigation to ensure it meets the objectives of the Protocol.

Q6 . When did the Protocol take effect?

A6. The Protocol, which reaffirms and clarifies Canada’s existing policy on the entry of foreign criminal investigators, took effect on January 30, 2007.

Q7 . Why doesn’t the Protocol apply to the following activity: the “informal exchange of information” among criminal law enforcement officials/agencies?

A7. The exchange of information is dealt with under separate policies and legislation in Canada, which continue to apply.

Q8. Do existing arrangements between Canada and foreign states or their law enforcement agencies still apply now that the Protocol has taken effect?

A8. The Protocol is a default provision or safeguard to be used where no other process exists. Consequently, where valid existing mechanisms are in place, their applicable notification and approval processes apply and not those of the Protocol.

Q9. Is it still possible to make the entry request directly through Interpol?

A9. This is in fact the preferred option.

Q10. The Protocol states that two weeks’ notice must be given in advance of a prospective visit from foreign criminal investigators. Can exceptions be made?

A10. Yes, in exceptional circumstances where it is not feasible to provide two weeks notice, Canada may still consider such requests on a case-by-case basis.

Q11. If a provincial attorney general’s office receives a request from a foreign criminal investigator to enter Canada, what should that office do?

A11. The office should direct the foreign criminal investigator to apply the Protocol only if no other notification and approval process applies.

Q12. Is this Protocol consistent with other countries’ entry requirements?

A12. Yes. The Protocol is consistent with a state’s sovereign right to be in control of law enforcement activities within its own territory.