Rights Group Urges Inquiry to Recommend Deporting Perpetrators of Foreign Interference

Protesters at a rally outside of the Wenzhou Friendship Society in Richmond, B.C., on Feb. 25, 2023, were seen holding signs that read "Expel China's Spies" among other slogans. The protest was held to raise concerns about Chinese interference in Canada following media reports of an RCMP investigation at the building. Vivian Yu/NTD

A human rights coalition says the Hogue Commission should recommend that the federal government use existing immigration laws to deport perpetrators of foreign interference.

“Many of the existing tools remain underutilized or utilized in inconsistent or incoherent ways. As part of the Commission’s series of recommendations, the Commissioner can and should recommend that existing immigration and sanctions laws be leveraged to support and protect victims,” the Human Rights Coalition wrote in its submission to the foreign interference inquiry on Nov. 4.

The coalition, representing diaspora communities primarily from China, including Falun Gong practitioners, Hongkongers, Uyghurs, and Tibetans, submitted its report following the final round of inquiry hearings in September and October. The hearings focused on foreign interference, particularly by Beijing, aimed at undermining Canadian democracy and targeting diaspora communities with harassment and intimidation.

As Commissioner Marie-Josée Hogue prepares to deliver her final report by year’s end, the rights groups requested that she recommend consistent and systematic application of existing laws to protect those most affected by interference. They also called for the repeal of “counterproductive” laws and the introduction of new measures to close gaps in protecting persecuted diaspora groups.

The coalition noted that foreign interference is often carried out by four types of individuals: Canadian citizens, members of foreign diplomatic missions, foreign nationals abroad, and non-citizens in Canada.

“Persons in Canada who are not Canadian citizens can be removed from Canada if they fail to meet any of the requirements of the Immigration and Refugee Protection Act (IRPA),” the group wrote.

The coalition also recommended amending the IRPA to include foreign interference as specific grounds for inadmissibility, as it is not currently a basis for denying entry into Canada under the act. Recognizing that such an amendment would take time to pass, it said, “At least in the meantime, the Commission should recommend that the existing, various provisions that may apply to remove from Canada those individuals engaged in acts of foreign interference should be leveraged.”

Deportation Case

Under section 34(1) of the IRPA, individuals can be deemed inadmissible to Canada if they are members of organizations involved in espionage, attempting to overthrow a government, undermining democratic institutions, or involved in terrorism.

The coalition cited a case in which an individual was ordered to be deported for membership in China’s Overseas Chinese Affairs Office (OCAO), an organization deemed by the government to be “engaged in acts of espionage against Canada.” The public safety minister sought a deportation order against foreign national Jing Zhang due to her 11-year employment with the OCAO, making her inadmissible to Canada for security reasons under section 34(1) of the IRPA.

The minister presented evidence to the immigration division of the Immigration and Refugee Board, saying the OCAO had engaged in espionage by infiltrating overseas Chinese communities in Canada and other countries. It specifically targeted Chinese dissidents, including Falun Gong practitioners, Uyghurs, and Taiwanese and Chinese-Canadian citizens, the minister said.

The coalition highlighted how membership in an espionage-linked organization was defined in Zhang’s case. While the minister did not claim Zhang was personally involved in espionage, and Zhang denied that her employment with OCAO made her a member, the immigration division still categorized her as a member.

“Membership in such an organization is not limited to those who have membership cards. Legally, membership is not a defined term. It is determined on a case-by-case basis, based on the facts of the case,” the coalition wrote. “Criteria considered are the degree of involvement in the organization, the length of time of involvement, and the intentions, purpose, and commitment to the organization and its objectives.”

The coalition noted that the IRPA has rarely been invoked to address foreign interference, with Zhang’s case being an exception. The decision was made in August 2023, four years after her employment with the OCAO ended in 2019.

“Canada should not be a haven for members of terrorist, espionage and subversive organizations,” the coalition said.