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B.C. police officers arrested in Cuba could be forced to remain in Caribbean for months

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Two Lower Mainland police officers detained while vacationing in Cuba could be forced to spend much longer than they planned on the Caribbean island as their case is investigated by authorities.

On its website, Global Affairs Canada warns travellers that Cuban police do not lay charges until an investigation is complete. “Canadians who have been arrested, even for a minor incident, should expect long delays to resolve their cases and may not be allowed to leave the country.”

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The Vancouver and Port Moody police departments each confirmed that one of their officers was arrested and released during a personal vacation in Cuba. No charges were laid. Postmedia is not naming the officers because details of the allegation remain unclear.

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Port Moody Mayor Mike Clay said his police department has been in touch with the Port Moody officer’s family and was told both officers had their passports confiscated “a few weeks ago.”

They were arrested after an allegation of assault against the Vancouver officer involving a 17-year-old woman from Ontario. The Port Moody officer is considered an important witness, said Clay.

“Unfortunately, what we’re told is that investigations move quite slowly, and in fact, we’ve been told that it could be up to 60 days before he might be allowed to leave the country,” said the mayor, who is also chair of the Port Moody police board.

Postmedia has learned Vancouver police sent a human resources officer to Cuba. An official refused a request for more information.

Benjamin Perrin, a University of B.C. law professor, said people need to be aware that when travelling abroad they are subject to the laws of whatever country they are in.

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“There’s very little the Canadian government can do,” he said.

When someone is arrested, they get support from the Canadian embassy. It helps the person contact family, explains the local legal process and advocates for fair treatment under local laws. In most cases, ministerial-level support is only offered when there are human rights concerns.

Sexual offences against a minor under the age of 16 can also be prosecuted in Canada under sex-tourism laws, regardless of the country where they took place.

Canadians who get into trouble abroad sometimes face disciplinary action at home, too.

B.C.’s deputy police complaint commissioner, Rollie Woods, said the commission will determine whether to launch an investigation into the current case once it has more information, noting officers are bound by professional conduct standards outlined in the Police Act no matter where they are.

“Municipal police in British Columbia are accountable for their actions, whether they are in Canada or any other country in the world. They’re always held to account and could be subject to a Police Act investigation, if they have committed or are alleged to commit misconduct,” said Woods.

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In Cuba, crimes such as drug trafficking, fraud, assault, sexual assault and the corruption of minors are punishable by long prison sentences, according to a Global Affairs Canada travel advisory.

In 2010, a 19-year-old Norfolk County, Ont., man was detained by Cuban authorities for almost three months after his rental car was involved in a crash with another vehicle. Although he was never jailed or charged, Cody LeCompte had to remain at a hotel until police completed their investigation, running up a $30,000 bill on lawyers, accommodations and food.

In 2014, a Winnipeg man was not allowed to leave Cuba for seven weeks after he was involved in a scooter crash and police conducted an investigation.

In 2016, a Toronto man spent 13 days in a Cuban jail for flying a drone. He was locked in a tiny, dark cell at a detention facility and questioned about being a spy. He was eventually released after consular officials became involved in his case.

— With files from Canadian Press

gluymes@postmedia.com

twitter.com/glendaluymes

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