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Opinion | Canada’s vague and harsh new security law reflects contentious geopolitics

  • Canada is not alone in tightening security as relations worsen between the West and China, with Hong Kong, unfortunately, caught in the middle

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Canadian Prime Minister Justin Trudeau appears as a witness at the public inquiry Into foreign interference in federal electoral processes and democratic Institutions on April 3 in Ottawa. Photo: AP

Are sanctions foreign interference? Can political commentary be regarded as deceptive? These are the vexing questions one needs to ponder in this new age of national security concerns – particularly if you are travelling to Canada.

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The Canadian parliament recently passed an act to counter foreign interference, which received royal assent on June 20. By this act, Canada essentially created a new national security law, amending its existing national security legislation.
One extensive change that has caught the attention of those concerned about human rights is the amendment to the Security of Information Act, which was introduced in 1985, and which will be renamed the Foreign Interference and Security of Information Act.

The new legislation, which will take effect next month and apply globally, provides that anyone who, “at the direction of … or in association with, a foreign entity … induces or attempts to induce, by intimidation, threat or violence, any person to do anything … for the purpose of increasing the capacity of a foreign entity … to harm Canadian interests” would be guilty of an offence punishable by life imprisonment.

This is harsh. There is no differentiation in the degree of seriousness of the offence. Moreover, those convicted of such Canadian offences are to serve their sentences consecutively – unless it’s a life sentence – instead of concurrently, even when the sentences arise from offences at the same event or series of events.

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This is different from the common law norm. In common law jurisdictions, punishment for offences committed under the same event or series of events normally run concurrently.

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