In Montreal, a Haitian diplomat is trying to get rape charges dropped by claiming that the alleged acts were part of his diplomatic duties, but the Crown argues that the former vice-consul does not have immunity for such acts.
Diplomatic immunity can protect foreign diplomats from prosecution in the host country. However, this immunity is not absolute. It can be waived by the sending state, particularly in cases of violence or abuse of privilege, or if the acts in question do not fall within the scope of official duties. Some suggest that diplomatic immunity should not apply to personal crimes or acts unrelated to diplomatic functions, especially serious crimes such as homicide or financial crimes.
According to the Vienna Convention on Diplomatic Relations, diplomats are immune from criminal jurisdiction in the host country. However, this immunity can be waived by the diplomat’s home country. If immunity is not waived, the host country can request the diplomat’s expulsion.