Mr. Chair, we are behind the curve and at demonstrable peril. The Parliament of Canada was awoken by foreign interference in Canadian elections, a direct attack on Canadian sovereignty—that is, interference with our political independence and a breach of the foundational principle of sovereign equality, which has been a cornerstone of international law since the Peace of Westphalia in 1648.
You, the Parliament of Canada, responded by having a public inquiry, the foreign interference commission, resulting in the adoption of Bill C-70, the Countering Foreign Interference Act, but that is the tip of the iceberg. The breach of Canadian sovereignty—our territorial integrity, the safety, security and freedom of the population, and the autonomy and integrity of our polity—has been and continues to be violated by an increasing number of foreign states, with the most grave and widening consequences.
The very purpose of Canadian sovereignty, and arguably the primary responsibility of Canada, according to article 55 of the UN charter, is the “creation of conditions of stability and well-being”, pursuant to the rule of law under the Constitution of Canada. We are an open society dedicated to these aims, which also create vulnerabilities that are being abused. Parliament and the Government of Canada need to act with urgency, precision and effectiveness.
Transnational repression is not new, but it is rapidly growing as technologies have expanded substantially the means and reach of interference. In 2022, the respected NGO Freedom House reported incidents from that year committed by 20 governments, as their database approached almost 1,000 cases perpetrated by 38 governments. Recently, Freedom House reported that some 54 governments have now committed verified acts of transnational repression. The reach affects over half the countries of the world—107, to be exact—as the repressive acts traverse geographic—i.e., sovereign territorial—boundaries.
This carefully compiled information is certainly just scratching the surface. For example, last autumn, on behalf of the Organization of American States, I advised on an unpublished survey of electoral management bodies throughout the hemisphere, including Canada's own Elections Canada. Of the 32 countries, over 90% reported forms of interference known to them, with many originating abroad, including direct attacks against authorities, with fully one-third having experienced deepfakes. In fact, most have no solid knowledge of the full extent and full effect of such acts, but they were unanimous that this is a real and growing problem striking at the heart of sovereignty and especially democracy. I am available to recount more examples, including my own, having been sanctioned by China for holding and sharing an expert opinion on which China simply disagrees.
The forms of transnational oppression vary in range, kind and severity—travel constraints, withholding of documents, conditioning entitlements on changes of political or other opinions, confiscations of property, denationalization, detentions, deportations, extraditions, breaches of physical integrity, inhumane conditions, torture and assassinations. Among the most insidious are acts of extortion and covert measures that often invisibly but effectively silence. Indeed, that is the clear aim: to repress and preferably eliminate the basic freedoms of thought, belief, association, assembly, movement, and social and political participation. In some cases, it is a component of genocidal policies to destroy a group in whole or in part, including to erase their history, memory and voice.
These acts are not limited by geography, diplomacy or the international rule of law. I would go further and say that they aim to counter and undermine the vigour and cohesion of democracies where such freedoms have taken root and blossomed. The perpetrator governments threaten, sow fears and doubts, and constrain critical scrutiny or even dialogue, instead promoting polarizing views. Their targets are not only activists in exile, although these are high on their list, but also allies and independent voices—like those on this panel—as well as journalists, civil servants, public authorities and, yes, parliamentarians. They affect second and third generations of extended families. Significantly, Canada has some four million dual nationals, many of whom are potentially subject to repressive acts and laws.
Canada needs to catch up. The Europeans have been considering measures that include a possible Council of Europe convention on transnational repression and an EU directive to protect human rights defenders and other activists in exile. It’s not only our elections and your integrity that need protecting. The essential sovereignty of our country and the safety, security and fundamental freedoms of every Canadian and visitor to Canada need protecting.
As such, I respectfully propose that the following be undertaken. One, a full-time point person should be tasked in the Privy Council. Two, an inter-ministerial working group should be established to ensure coherence. Three, an advisory group should be formed comprising public authorities, independent experts and civil society representatives with actual experience. Four, training should be mandated for all relevant departments, including provincial and municipal authorities. Five, as an observer of the Council of Europe, Canada should engage actively in the Venice commission for democracy through law, as well as support the elaboration of a convention on transnational repression open to non-member democracies like Canada. Finally, consider a possible royal commission on the full nature and extent of transnational repression and other kinds of foreign interference in Canada.
To conclude, the harsh reality of “the world as it is”—to quote our Prime Minister—means Canada is now among a shrunken number of genuine democracies, and we are vulnerable and already significantly compromised. The threats are coming from both fragile states and a burgeoning group of unscrupulous antagonists or rival states that are in fact breaching Canada's sovereignty right now. Moreover, they are collaborating and learning quickly how to exploit our open societies.
We are behind the curve. With all due respect, it is your duty to act to protect Canada now.
Thank you.