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The evacuation of Canadians from Sudan raises some difficult questions about the federal government’s obligations to citizens in danger abroad — and its ability to help them.
On Friday, Ottawa evacuated 250 Canadians from Sudan, which is currently embroiled in a bloody new civil conflict. Ottawa said some of the evacuees had gone on flights organized by Canada’s allies, while 117 had left on Royal Canadian Air Force (RCAF) transport planes. The Canadian Armed Forces (CAF) have deployed troops to support the effort.
The government has received hundreds of requests for assistance from Canada and its dependents in Sudan.
But even though the government is currently evacuating Canadians from Sudan, it has now argued that it should not have been done.
“Traditionally, the Canadian government has taken the position that it has no 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 mean the government has to bail out 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 should return the Canadians is a question now before the courts.
Earlier this year, the Federal Court ruled that Canada must return four Canadians from Syria. The government refused to do so because they were suspected of joining the ISIS terrorist group.
The government appealed the decision, saying in the notice of appeal that the judge of the Federal Court erred in the “effective” creation of the “right to return.”
Le Bouthillier said the Federal Court of Appeal would rule on the matter in a few months.
The evacuation tested Canada’s diplomatic and military capabilities
While the Canadian government does not believe it has a legal obligation to evacuate citizens abroad, it usually makes efforts to do so in cases where Canadians are caught up in war, severe civil unrest or natural disasters.
But practical difficulties can get in the way even if the government wants to help.
Evacuation operations often require discreet diplomatic and military engagement, according to foreign experts. Canada’s ability to evacuate citizens depends on a variety of factors, including geography, Canada’s relationship with countries whose citizens are in danger, and the availability of Canadian or allied military resources.
Colin Robertson, a Canadian Institute of Global Affairs Fellow and former Canadian diplomat, said Canadian embassies abroad are asking Canadians living in potentially dangerous areas to register so that they can make disaster relief efforts.
“Only about five or 10 percent of people actually take up this offer, and that list is usually short when a disaster strikes,” Robertson said.
Robertson said that in a crisis situation, diplomats would focus on securing air clearance for evacuation flights, working with allies and communicating with local authorities.
Those efforts require a strong diplomatic presence on the ground — and Robertson says that’s not something Canada can guarantee.
“We have not invested in our diplomatic capacity for about 20 years. In fact, we have reduced it,” he said.
Robertson said that while Canada has increased the number of diplomatic staff over the years, staffing has not kept up with requests for consular assistance. That’s largely because Canada’s population is more diverse and Canadians are traveling and living abroad more than ever before, he said.
“Is the increase enough? Yes, you have to judge by the recent events and you will be able to conclude no, we need more emphasis, and that means more people – to use the military term, more boots on the ground – for a desperate situation,” said Robertson.
Denis Thompson, a retired Major General of the Canadian Army, said the military faces a variety of problems when evacuating citizens stuck overseas.
“Sudan is more than 11,000 kilometers from our main airbase, ie [in] Trenton, Ontario. So we have to remember that Canada doesn’t have permanent bases overseas like some of our allies,” Thompson said.
“If this was happening in Haiti, yes, we could get there at night. But it’s not happening in Haiti – it’s happening in Sudan, and it’s far from home.”
Thompson said that while a global network of military bases would reduce logistical challenges, the cost to Canadian taxpayers would be enormous. He said Canada is wise to rely on close allies like the US and Britain, which have bases around the world.
The government said it had deployed up to 200 CAF troops to help with evacuation efforts in Sudan, but defense officials told a technical briefing on Thursday that the number did not include aircrew, special forces or naval personnel involved in the operation.
While Chief of Defense Staff General Wayne Eyre recently expressed concern about the military’s overall operational readiness, Thompson said the CAF is ready for such operations.
“The Army keeps noncombatant evacuation operations companies on standby at all times, just as they do DART, the Disaster Relief Assistance Team,” said Thompson. “The RCAF is doing the same with aircraft.”
But Robertson said he worries about Canada’s ability to respond to crises around the world, especially as the country’s population grows and the world becomes more dangerous.
“Maybe we need more people in the field,” he said.
“We need to have the capacity to deal with our growth as a country and the changing geopolitical situation.”
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