bout de papier, Vol. 14, No. 3 (1997) — Fall 1997 // Automne 1997, pp. 4–5
by Robert E. Lapointe
She was shaking as she stood outside whether someone might recognize her; yet she knew she had to do it. In a country where law, culture and tradition favoured the rights of males she was about to do the most terrifying thing she could imagine… challenge the rights of her father. Determinedly, she opened the door and asked to speak with the Consul. She was 18 years of age.
Nathalie had been born in Canada of a Canadian mother and non-Canadian father but, for almost as long as she could remember, had lived with her father in his home country. She had grown up with privilege; her father was a well-connected and respected businessman. He was genuinely fond of her, and she loved him. The problem for Nathalie was that although he could be very indulgent in providing her with luxuries he was also a very close guardian, which for her had become intolerably stifling. Further, she had never understood the reasons for the breakup of her parents’ marriage nor why her father had refused to allow her to visit or communicate with her natural mother. She yearned to see her again, something to which her father was adamantly opposed. Under the local laws a daughter, up to the age of 21, required her father’s written permission before she could travel abroad. Secretly, she had found her mother’s address in Canada and written to her. When she received a welcoming reply she was determined to find a way of getting to Canada. She decided to turn to the Canadian Embassy for help.
Protecting the Vulnerable
The Consular mandate, providing protection and assistance to Canadians abroad, must always be viewed in the perspective of the prevailing circumstances: what are the constraints? In the case of minors, for example, two major considerations obtain: one of definition, and one of category.
In many countries there is a clearly defined legal age of majority. In other countries, certain rights taken for granted in Canada may be granted to female citizens later than to others (as for example in the case of Nathalie). In Canada there is a range of “legal” ages depending on the activity involved. A qualified person may obtain a Canadian Passport at the age of 16 without parental or other consent. In five Provinces the legal age to contract is 18, in the other five it is 19. How old does one have to be to quit school, consume alcoholic beverages, enter certain premises, be called to serve in the armed forces or on a jury, engage in consensual sexual relations, marry, obtain a driver’s (or pilot’s) permit, be protected under the Privacy Act? Some ages are set by Federal Statute, others provincial, municipal, or not at all. The UN Convention on The Rights of The Child (acceded to by Canada) defines in Article I every human being below the age of 18 as a child “unless, under the law applicable to the child, majority is attained earlier.” Such an array of responses can bewilder foreign authorities, not to mention, on occasion, ourselves.
A most dramatic, and growing, category of problems for consular officials is that of international child abductions.
DFAIT and its successive Ministers have over time become very actively involved in assisting the parents) in such cases both in Canada and at missions abroad. The recently published “International Child Abduction: A Manual for Parents” is an invaluable guide to action for those who are or might be affected. The Consul’s job is to see that, where applicable, the relevant treaties and laws are effectively applied, that the legitimate interests of the Canadian parent are advanced, and that the well-being of the child is assured.
Networking
It took several meetings with the Consul, in Nathalie’s case, to piece together the facts of her story. Clearly this case had some very sensitive elements: family connections, local laws, Canadian laws, the need for privacy, the potential risk of physical danger. One issue was not in dispute: she was a Canadian citizen and asking for help. The facts were discussed with officials at Headquarters. Finally, it was decided to proceed along strictly practical lines. Nathalie applied for and received a Canadian Passport as her right under Canadian law. At her request, the passport was held for her at the Embassy. A valid host country passport had already been issued in her name (it was later found to contain incorrect information as to her place of birth … given as the host country instead of Canada). Nathalie knew that her father and uncle would shortly make a business trip to Western Europe, and felt she could prevail upon them to let her make the trip as well. She did.
When the time neared for their departure, Nathalie again visited the Embassy and collected her Canadian passport. By now, a plan had been worked out to assist. With Nathalie out of her country of second citizenship (she would travel on that country’s passport) there could be no constraint on the Embassy in Western Europe assisting her in travelling to Canada. When Nathalie was ready to come to the Embassy she was to call first. There she would be met and helped to effect her departure. It was on a Saturday evening that she finally managed to evade the watchfulness of her relatives long enough to take a taxi with what few belongings she could gather and get to the Embassy. The relief when she entered the building was shared by all present. Nathalie had been told repeatedly before undertaking her trip that, although the Embassy would help, it was strictly on the basis of her wishes. She was at all times free to change her mind; she would remain so until the aircraft would take off.
The following morning, with the cooperation of Embassy colleagues and a major Canadian airline, Nathalie was assisted in getting to the airport, checking in, and boarding. She was reunited with her mother later that day. The only regret she voiced before leaving was that she didn’t think her father would ever forgive her or take her back into his life.
Nathalie’s fears proved groundless; the father was reconciled with his daughter shortly afterward and their relationship was reported to be greatly improved. Nathalie wrote to thank all involved for their help and kindness.
Shortly before leaving for Canada, she shared several poems she had recently written. This is one:
LA POÉSIE
La poésie, qu’est-ce que la poésie?
Une fleur qui fait rêver,
qui s’ouvre à la première lueur du jour et
qui se referme à la tombée de la nuit?
La poésie, qu’est-ce que la poésie?
Un monde fait de nuages, de beauté et qui
renferme notre bonheur, un monde qui preserve
notre secret, nos rêves, nos ambitions, un monde
qui nous protège et qu’on protège.
Il peut être petit ou grand.
La poésie, qu’est-ce que la poésie?
Elle peut être tout sauf un monde sans Amour!
(Signée) Votre petite poète…
View the original scanned pages →
Originally published in bout de papier, Vol. 14, No. 3 (1997) — Fall 1997 // Automne 1997, pp. 4–5. Read the rest of this issue →
