In danger abroad? The Canadian government says it isn't obligated to rescue you

The evacuation of Canadians from Sudan is raising some thorny questions about the federal government's obligations toward citizens in danger abroad — and its ability to help them.

As of Friday, Ottawa had evacuated 250 Canadians from Sudan, which is currently in the throes of a bloody new civil conflict. Ottawa says some of the evacuees have left on flights organized by Canada's allies, while 117 got out on Royal Canadian Air Force (RCAF) transport aircraft. The Canadian Armed Forces (CAF) has deployed troops to support the effort.

The government has received hundreds requests for assistance from Canadians and their dependents in Sudan.

But even though the government is evacuating Canadians from Sudan now, it has argued in the past that it's not actually required to do so.

"Traditionally, the Canadian government has taken the position that it does not have a 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 necessarily mean the government has to rescue 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 is required to repatriate Canadians is a question now before the courts.

Earlier this year, the Federal Court ruled that Canada must repatriate four Canadian men from Syria. The government has been reluctant to do that because the men are suspected of having joined the terrorist group ISIS.

The government appealed the decision, saying in its notice of appeal that the Federal Court judge erred in "effectively" creating "a right to be returned."

Le Bouthillier said the Federal Court of Appeal likely will decide on the matter within months.

Evacuations test Canada's diplomatic, military capabilities

While the Canadian government doesn't believe it has a legal obligation to evacuate citizens abroad, it usually makes efforts to do so in cases where Canadians find themselves trapped by war, severe civil unrest or natural disasters.

But practical difficulties can get in the way even when the government wants to help.

Evacuation operations often require prudent diplomatic and military involvement, according to foreign affairs experts. Canada's ability to evacuate citizens depends on a wide range of factors, including geography, Canada's relationship with the country where citizens are in danger, and the availability of Canadian or allied military resources.

Colin Robertson, a Canadian Global Affairs Institute Fellow and former Canadian diplomat, said Canadian embassies abroad ask Canadian citizens living in potentially dangerous places to register with them in order to make assistance efforts easier when disaster strikes.

"Only about five or 10 per cent of people actually take up this offer, and the lists are usually woefully out of date when catastrophe happens," Robertson said.

Robertson said that in a crisis situation, diplomats will focus on securing air clearance for evacuation flights, working with allies and communicating with local authorities.

These efforts require a robust diplomatic presence on the ground — and Robertson said that's not something Canada can always guarantee.

"We have not invested in our diplomatic capacity for about 20 years. In fact, we've reduced it," he said.

Robertson said that while Canada has increased the number of diplomatic staff over the years, staffing hasn't kept pace with the demand for consular assistance. That's largely because Canada's population is more diverse and Canadians are travelling and living abroad more than in the past, he said.

"Is it increased sufficiently? Well, you'd have to judge by recent incidents and you would probably conclude no, we need to put more emphasis, and that means more people — to use the military term, more boots on the ground — for desperate situations," Robertson said.

Denis Thompson, a retired Canadian Army major-general, said the military faces a different set of problems when it evacuates citizens stuck abroad.

"Sudan is over 11,000 kilometres from our principal air base, which is [in] Trenton, Ontario. So we have to remember that Canada does not have permanent bases overseas like some of our allies do." Thompson said.

"If this happened in Haiti, yes, we can get there overnight. But it didn't happen in Haiti — it happened in Sudan, and that's a long way from home."

Thompson said that while a network of global military bases would ease logistical challenges, the cost to Canadian taxpayers would be enormous. He said Canada is wise to rely on close allies like the U.S. and U.K., which do have bases around the world.

The government has said it has tasked up to 200 CAF troops to assist the evacuation effort in Sudan, but a defence official told a technical briefing Thursday that the number doesn't include the air crew, special forces or naval personnel involved in the operation.

While Chief of the Defence Staff Gen. Wayne Eyre recently has voiced concerns about the military's overall operational readiness, Thompson said CAF is well prepared for operations of this nature.

"The army keeps a noncombatant evacuation operation company in readiness at all times, just as they do the DART, the Disaster Assistance Relief Team," Thompson said. "The RCAF does the same thing in terms of aircraft."

But Robertson said he worries about Canada's ability to respond to crises around the world, especially as the country's population grows more diverse and the world more dangerous.

"We probably do need more people on the ground," he said.

"We need to have the capacity to be able to deal with both our growth as a country and the changing geopolitical situation."