Rights Group Calls for Investigation to Recommend Deportation of Perpetrators Involved in Foreign Interference

November 19, 2024 TruthUSA

A coalition dedicated to human rights is urging the Hogue Commission to recommend the use of existing immigration laws by the federal government to deport those involved in 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,” stated the Human Rights Coalition in its submission to the foreign interference inquiry on Nov. 4.

The coalition, which represents diaspora communities primarily from China such as Falun Gong practitioners, Hongkongers, Uyghurs, and Tibetans, submitted its report after the final round of inquiry hearings in September and October, focusing on foreign interference, particularly from Beijing, aimed at undermining Canadian democracy and harassing and intimidating diaspora communities.

As Commissioner Marie-Josée Hogue gets ready to deliver the final report by year’s end, the rights groups are requesting 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 fill gaps in protecting persecuted diaspora groups.

The coalition pointed out 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 proposed amending the IRPA to include foreign interference as a specific ground for inadmissibility, as it is currently not a basis for denying entry into Canada under the act. Acknowledging that such an amendment would take time to pass, they stated, “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 referenced a specific case where an individual was ordered to be deported for being a member of China’s Overseas Chinese Affairs Office (OCAO), an organization considered to be “engaged in acts of espionage against Canada.”

The minister provided evidence to the immigration division of the Immigration and Refugee Board, stating that the OCAO had engaged in espionage by infiltrating overseas Chinese communities in Canada and other countries, targeting Chinese dissidents like Falun Gong practitioners, Uyghurs, and Taiwanese and Chinese-Canadian citizens.

Emphasizing how membership in an espionage-related organization was interpreted in Zhang’s case, the coalition noted that while Zhang denied personal involvement in espionage related activities, the immigration division still categorized her as a member based on the circumstances.

“Membership in such an organization is not limited to those who have membership cards. Legally, membership is determined on a case-by-case basis considering factors like involvement in the organization, duration of involvement, intentions, purpose, and commitment to the organization and its objectives,” the coalition explained.

The coalition observed that the IRPA has rarely been used to address foreign interference, with Zhang’s case being a notable exception. The decision to deport her was made in August 2023, four years after her employment with the OCAO concluded in 2019.

“Canada should not shelter members of terrorist, espionage and subversive organizations,” the coalition concluded.

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