The Senate adopted the bill Wednesday evening aimed at countering acts of foreign interference in Canada, but some fear that this legislative text was the subject of a somewhat too hasty examination in Parliament and that it could violation of fundamental freedoms.
Senators approved Bill C-70 after rejecting a proposed amendment that sought to ensure innocent people were not caught in its net.
A recent report from the Committee of Parliamentarians on National Security and Intelligence concluded that foreign states engaged in sophisticated and widespread acts of interference, specifically targeting Canada’s democratic processes before, during and after elections.
The report finds that China and India are the most active perpetrators, and that these activities pose a significant threat to national security and the overall integrity of Canadian democracy.
Bill C-70, which must now obtain royal assent, provides new criminal provisions against “surreptitious or deceptive conduct” that harms democratic processes. The government cites the example of covertly influencing the outcome of a political process, such as the nomination of a candidate in a constituency.
Another new offense will prohibit “surreptitious or deceptive conduct” that would harm Canadian interests – for example: assisting foreign agents posing as tourists to enter Canada.
In addition, the bill amends the law to more effectively combat foreign intimidation of members of different cultural communities in Canada.
The bill also amends the Criminal Code to expand the scope of the offense of “sabotage” to include certain acts committed in connection with critical infrastructure, such as systems that enable transportation or communications or support the delivery health and catering services.
The bill will also allow the Canadian Security Intelligence Service to disclose sensitive information beyond government arcana to build resilience against foreign interference.
A register of transparency
The bill recognizes that states and other foreign entities that interfere in the promotion of political objectives could employ individuals to act on their behalf, without disclosing the existence of these connections. To guard against such activities, the transparency registry would require certain individuals to register with the federal government.
Failure to register such an arrangement or activity with a foreign principal – a foreign economic entity, entity, state or power – could result in administrative monetary penalties or even criminal sanctions.
The bill’s criminal provisions, as well as the influence registry, target activities carried out “in association with” a foreign entity – radical language in the eyes of Senator Yuen Pau Woo.
Mr. Woo proposed removing this phrase from the bill to protect freedom of expression and association, and to help prevent the stigmatization of Canadians who may be unfairly targeted by overly broad terminology.
The amendment he proposed was rejected Wednesday and senators passed the bill.
Mr Woo has been accused of being too sympathetic to the Chinese government, allegations the senator has openly opposed. He expressed “deep concern” Thursday that the new law could have a chilling effect on civic engagement, particularly among Canada’s diaspora communities.
“I fear that Canadians who seek to contribute to Canadian democracy will be criminalized for their civic actions due to a law that could accuse them of doing so secretly or deceptively – on the grounds that they are deemed to be “ in association with” a foreign entity. »
Business Council of Canada President Goldy Hyder said parliamentarians have demonstrated that when it comes to national security, they can work cooperatively and effectively.
Business leaders have long called for economic security measures found in the bill, including new sabotage offenses and authorization for increased intelligence sharing with Canadian companies on threats, said Ms. .Hyder.
But Duff Conacher, co-founder of Democracy Watch, believes lawmakers “left loopholes in this bill that allow for covert interference in elections, leadership races and political parties, as well as in government policy development processes across Canada.