Groups representing minority communities are warning that a recently introduced law giving Canada’s intelligence agency and the federal government new powers to counter foreign interference is open to abuse.
Bill C-70 received royal assent on June 20.
The law introduces new criminal provisions against “deceptive or surreptitious acts” done “for the benefit of or in association with, a foreign entity,” to prejudice Canadian interests or with the “intent to influence … the exercise of a democratic right in Canada.”
It also allows for broader sharing of sensitive 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 Immigration Minister to ask the courts for the detention and removal of a permanent resident or other non-Canadian citizen if their actions are deemed injurious to “international relations.”
IRPA previously provided the minister with that same authority, but only in cases where someone was inadmissible to Canada on grounds of security, human or international rights violations, or criminality.
That section is alarming the National Council of Canadian Muslims and the World Sikh Organization of Canada.
Nusaiba Al-Azem, director of legal affairs at the NCCM, told CBC News the organization is troubled by “the vagueness of the international relations piece.”
The WSO’s legal counsel, Balpreet Singh, agreed.
“International relations is the reason that four decades of Indian interference targeting Sikhs in Canada has gone completely unknown in the mainstream,” he said.
“Canada has on many occasions ignored Indian operations targeting Sikhs in order to preserve trade relations and trade talks with India. That’s really been at the expense of the Sikh community.”
In a petition that is still online, the NCCM warned that the “international relations” provision could lead to the expulsion of “Ukrainian dissidents, Uyghur activists, or Palestinian citizens.”
C-70 also amends the Security of Information Act, which deals with crimes against national security. The previous version of the law gave authorities such as the Canadian Security Intelligence Service (CSIS) the ability to charge individuals who use “threat, accusation, menace or violence” in association with a “foreign entity or terrorist group” to harm Canadian interests, with penalties ranging up to life imprisonment.
The new law adds “intimidation” to the list of potential misdeeds. The NCCM and WSO said the law doesn’t define “intimidation” — a lapse the WSO says “raises concerns about potential misuse against activists.”
“That could have real concerns for, for example, civil liberties groups who are often levied with charges that their protest behaviours may amount to intimidation,” said Al-Azem.
CBC News reached out to the offices of Immigration Minister Marc Miller and Public Safety Minister Dominic LeBlanc with questions.
Leblanc’s office replied by saying C-70 was developed “after extensive consultations” and “it respects Canadian fundamental rights and freedoms, including those protected by the Charter of Rights and Freedoms.”
Though the legislation itself has already passed, the NCCM said it hopes it can be tweaked through the regulations.
The WSO said it will closely watch how C-70 is implemented. The legislation is required to undergo parliamentary review every five years.
“If we see reasons for concern, then we will certainly be raising those along the line, and certainly at the review,” Singh said.
