By Alizeh Sohail
On June 13, 2024, the House of Commons passed with a great majority the third reading of Bill C-70 called “An Act respecting countering foreign interference”. The law was sponsored by Liberal Minister Dominic LeBlanc after facing mounting pressures from particularly the Conservatives to investigate foreign interference in Canada’s electoral processes. On May 3, the National Security Intelligence Committee of Parliamentarians (NSICOP) released a report, which contained allegations that there are parliamentarians “wittingly” or “semi-wittingly” collaborating with foreign governments. Although the leader of the Green Party Elizabeth May after receiving security clearance and reading the secret NSICOP report briefed that she is not concerned about any parliamentarian being a spy for a foreign government, a few days later on June 13, the House passed a motion for a public inquiry into foreign interference in Canada. The findings of that inquiry indicated that China meddled in the 2019 and 2021 elections although it did not affect the votes. Another instance of foreign interference was when three Indian nationals were arrested by the RCMP on May 3 and charged with murder and conspiracy in the killing of the BC Sikh leader Hardeep Singh Nijjar. The federal government has said there are “credible allegations of a potential link” between Nijjar’s death and agents of the Indian government.
It is against this backdrop that the Act respecting countering foreign interference came into force. The Act is a comprehensive document that, in principle, strengthens Canada’s security against foreign interference by such states as India and China. One part of the Act consists of creating new criminal offences related to foreign interference accompanied by increased prison sentences that range up to life behind bars. The Act would also broaden the meaning of the existing offence of sabotage of critical infrastructure so that for example, cyberattacks on healthcare, transportation and energy systems could all fall under it, although exceptions may be made if the sabotage was intended as a protest measure instead of undermining national security. Another crucial element of it is expanding the warrant powers of the Canadian Security Intelligence Service (CSIS). The CSIS could now release sensitive information about foreign threats to those beyond just Parliament Hill and be allowed more discretion to investigate Canadians including in digital spaces. The Act respecting countering foreign interference would also lead to the appointment of a Foreign Influence Transparency Commissioner who would create a public registry of individuals working with foreign governments and Canadian public officeholders. If these individuals resist registering with or providing information to the Foreign Influence Transparency Commissioner, they can face up to $5 million in fines and 5 years in prison. Registration may be required for actions ranging from participating in candidate nomination contests to spreading communications on social media.
The government has contended that the new law will tighten the security of diaspora Canadians and protect our democratic processes against foreign interference. For example, the legislation would target clandestine acts like foreign agents entering Canada as tourists or influencing public officials on government policies. However, there are also concerns by rights groups about the possibility of
impinging upon Canadians’ rights and liberties. The Ottawa-based International Civil Liberties Monitoring Group, a coalition of 45 organizations including Amnesty International, the Council of Canadians and the National Council of Canadian Muslims warns of the potential side effects of the new law. Significant changes to CSIS’s powers to secretly collect and analyze troves of information about Canadians, what information CSIS can disclose and to whom, and new rules around what evidence can be disclosed in open court can have wide-ranging impacts on Canadians, the group said. The group urged to spend more time studying the bill, but such calls were rejected. “Unfortunately, the legislative study of this important bill is currently taking place in an extremely rushed fashion,”theCanadianCivilLibertiesAssociationsaidinastatementonJune10.“(The CCLA) identifies several Charter issues that must be addressed before the bill passes into law.”
The expanded powers of the CSIS would mean that there could be increased surveillance, diminished privacy, and racial, religious and political profiling. Some other potential problems could arise such as suppressing peaceful protest under the new proposed offence of sabotage (essential infrastructure) or requiring an individual who has been in contact with a foreign state-owned media or academic institution and who has then engaged with the public with respect to a Canadian political process to provide detailed information to the registry as to the individual’s activities. Possible life imprisonment for even minor offences committed in association with a foreign entity could infringe on freedom of expression and association and raise concerns of proportionality in sentencing. The bill would also transform how federal courts handle sensitive information that can be withheld from appellants or those seeking judicial review, undermining due process in courts through the use of secret evidence. Due to the presence of such loopholes, ambiguity of key terms, and extended powers granted to unelected officials, it is possible that “An Act respecting countering foreign interference” leads to undermining Canadians’ civil liberties.