Groups representing ethnic minorities are warning that recently introduced legislation giving Canada’s intelligence agencies and the federal government new powers to counter foreign interference could be abused.
Bill C-70 received royal assent on June 20th.
The Act introduces new criminal provisions for “deceptive or covert conduct” undertaken “for the benefit of, or in concert with, a foreign entity” to harm Canadian interests or “with the intent to affect the exercise of democratic rights in Canada.”
It also allows for broader sharing of classified information among national security agencies and establishes a Foreign Influence Transparency Registry.
C-70 amends the Immigration and Refugee Protection Act (IRPA) to allow the Minister of Immigration to seek court detention and deportation of permanent residents or other non-Canadian citizens if their conduct is deemed harmful to “international relations.”
The IRPA previously gave the Minister similar powers, but only in cases where a person was inadmissible to Canada for security reasons, human rights violations, violations of international rights or criminal activity.
The clause has alarmed the National Muslim Council of Canada and the World Sikh Organization of Canada.
Nusaiba Al-Azem, legal director for the NCCM, told CBC News that the organization was troubled by “the ambiguity in the international relations section.”
WSO general counsel Balpreet Singh agreed.
“It is because of international relations that Indian interference targeting Canadian Sikhs has gone completely unnoticed in the mainstream media for 40 years,” he said.
“Time and again, Canada has ignored Indian activities targeting Sikhs, which have in fact come at the expense of the Sikh community, in order to maintain trade relations and trade negotiations with India.”
In a petition which remains online, the NCCM warned that the “international relations” clause could lead to the expulsion of “Ukrainian dissidents, Uighur activists and Palestinian citizens”.
C-70 also amends the Intelligence and Security Act, which deals with crimes against national security. Previous legislation gave authorities such as the Canadian Security Intelligence Service (CSIS) the power to prosecute individuals who conspire with a “foreign entity or terrorist group” to use “threats, accusations, intimidation or violence” to harm Canadian interests, with penalties ranging up to life imprisonment.
The new law adds “threat” to the list of potential illegal activities. The NCCM and WSO say the law does not define “threat,” a gap that the WSO said “raises concerns about potential abuse against activists.”
“This is a real concern for civil rights groups, for example, who often find that protests amount to intimidation,” Al Azem said.
CBC News has reached out to the offices of Immigration Minister Marc Miller and Public Safety Minister Dominic LeBlanc with questions.
LeBlanc’s office countered that C-70 was developed “after extensive consultation” and “respects fundamental Canadian rights and freedoms, including those protected in the Charter of Rights and Freedoms.”
While the bill itself has already been passed, the NCCM said it hopes it can make adjustments through regulations.
WSO said it would closely monitor how C-70 is implemented, as the legislation must be debated by Parliament every five years.
“If we find any reason for concern, we will certainly raise that and make sure we do so when we review,” Singh said.
