Diplomats won’t be prosecuted in impaired case

OTTAWA — Three foreign diplomats had their driver’s licences suspended after being charged with impaired drivingrelated offences in Ottawa this year. Ottawa police refused to waive immunity after it was determined there was “sufficient evidence” to warrant the laying of criminal charges.

“ A formal request for immunity to be waived was made but not obtained,” said Ottawa police Supt. Charles Bordeleau, adding all three opted instead to turn over their licences to Foreign Affairs under Canada’s zero-tolerance policy on impaired driving by diplomats and avoid prosecution.

That policy was created after Russian diplomat Andre i Knyazev killed Ottawa lawyer Catherine MacLean in a January 2001 drunk driving crash that also left her close friend seriously injured. Despite formal charges being laid against each of the three diplomats, their names were not released.

“ It’s the wrong message. It’s out of sync with what (then Foreign Affairs Minister John) Manley promised us in 2001,” said Mothers Against Drunk Driving Canada CEO Andrew Murie, who criticized the policy for being too secretive.

Murie said the policy is putting Canadians at risk and creating a dangerous double standard for foreign representatives.

But Kim Girtel, a Foreign Affairs spokeswoman, said the penalties set out in the policy are consistent with Canadian law.

Under the zero-tolerance policy, the diplomat doesn’t have to waive immunity and can instead surrender his or her licence for a one- year period after a first offence. For a second offence or first offence involving death or injury, the diplomat will be expelled or recalled if immunity isn’t waived. The Canadian government will also seek assurances the diplomat will face full prosecution in their own country.

Impaired driving isn’t the only criminal activity foreign representatives have been accused of, however. The three allegedly impaired diplomats were among 27 incidents involving foreign diplomatic agents investigated by Ottawa police in the past 11 months. The offences ranged from minor shoplifting to assault, possession of stolen property, and traffic tickets. Among the stranger items diplomatic agents attempted to steal in the past 11 months were a Halloween costume, used coat and boots.

The most recent incident occurred last Sunday when police were called after a woman was caught at a Sears allegedly swapping price tags on a manicure kit to save $ 5. In another incident on Sept. 5, three diplomatic agents were caught trying to steal a CD holder, a can of WD-40 and Scotch tape worth only $33 from a Canadian Tire store.

Although there have been seven shoplifting incidents, criminal charges weren’t laid in any of them, police said. Instead, police relied on trespassing notices and diversion programs, including letters of apology.

Diplomatic agents include members of the diplomatic staff and their families. According to Foreign Affairs, there are about 4,000 members of the diplomatic community living in Ottawa.

“ This is much like any other individual we end up attending to for shoplifting, due to the circumstances they are often issued trespassing notices and banned from the store,” said Bordeleau. “Had these not been diplomats, the same outcome would have taken place.”

Police also investigated 11 incidents involving traffic tickets, driving complaints or car accidents, including one driver who was so bad that police sent a letter to Foreign Affairs who subsequently withdrew the diplomat’s driving privileges. Ottawa Citizen