Background
In June 2024, the Countering Foreign Interference Act—also known as Bill C-70—was passed by the Canadian Parliament and approved by the Governor General. Included within this act is the Foreign Influence Transparency Registry in Canada, which mandates the establishment of a statutory body led by an independent commissioner. This body is tasked with registering individuals or entities representing foreign countries or state-owned enterprises in Canada, enhancing transparency. It focuses on foreign states that seek to communicate with Canadian politicians or the public regarding policy-making, elections, or candidate nominations, thereby helping to prevent foreign interference activities. Entities and individuals who fail to register may face fines amounting to millions of dollars or imprisonment.

The act also introduces major updates and amendments to the Canadian Security Intelligence Service Act, the Security of Information Act, the Criminal Code, and the Canada Evidence Act, including the creation of new offenses that criminalize conspiring or acting to undermine Canada’s liberal democracy and human rights. Prosecutions are now possible for such offenses. Furthermore, the Canadian Security Intelligence Service (CSIS) has been granted expanded powers, allowing it to disclose sensitive information to key institutions outside the government, such as universities and private companies.

This legislation provides “legitimate” grounds for the Canadian government to follow the U.S. in manipulating political tools to suppress and target ethnic minorities in Canada. It particularly has severe negative impacts on the Canadian academic community and on normal cultural and academic exchanges with foreign countries, all under the guise of national security. On campuses, national security operations have increased, with some Chinese-Canadian professors being investigated by their institutions for academic collaborations with China. Foreign researchers and international students have faced arbitrary visa rejections or entry bans, even being suspected as “spies.” One well-known professor who suffered from such scrutiny stated in 2020, “I believe… the attack is not just directed at me personally, but it’s a warning to all Chinese-Canadian professors and scholars: Don’t collaborate with China! From what I understand, some younger scholars indeed feel this pressure. This will lead to very alarming consequences, as once normal international academic exchanges and collaborations are disrupted, it directly harms Canada’s own interests and those of the universities where professors and scholars work.”

As we enter late autumn in 2024, with the gradual implementation of Bill C-70, the chilling effect will become even more pronounced and severe.

Views of the Canadian Academic Community

In June 2024, as Bill C-70 was nearing passage, over ten organizations, including the Canadian Association of University Teachers (CAUT), the Canadian Federation of Students, the Canadian Civil Liberties Association, and the National Council of Canadian Muslims, submitted an open petition to Canada’s Public Safety Department. They expressed deep concern about Bill C-70, arguing that its passage would expand the powers of Canada’s national security, intelligence, and criminal justice systems, potentially leading to violations of the freedoms protected under the Charter of Rights and Freedoms. They highlighted risks such as increased surveillance, reduced privacy, restrictions on free speech and freedom of association, and the potential erosion of due process in courts through the use of secret information.

John Price, a historian at the University of Victoria and a member of CAUT’s National Security Advisory Panel, responded to questions from Canadian media by stating that the bill’s rapid passage within a few weeks was unprecedented for similar legislation. This occurred because all five major political parties agreed to fast-track the hearing process. Initially, the New Democratic Party (NDP) had reservations about accelerating the bill’s passage, but soon followed the other parties, fearing they would be accused of disloyalty if they opposed it. After the bill passed, Elizabeth May, leader of the Green Party and Member of Parliament, expressed regret for giving her consent to the bill’s unanimous approval and began criticizing the Canadian Security Intelligence Service (CSIS). However, it was already too late.

There are many issues with the bill. For example, Section 20(1) states: “Anyone who, under the direction of, for the benefit of, or in collaboration with a foreign entity or terrorist organization, uses intimidation, threats, or violence to induce or attempt to induce any person to engage in or cause the engagement in any act, where that act (a) is intended to enhance the ability of the foreign entity or terrorist organization to harm Canadian interests, or (b) can reasonably be expected to harm Canadian interests, is guilty of an offense.”

Suddenly, the legal concept of a “foreign entity” is introduced and linked to “terrorist organizations.” But what is a “foreign entity”? Who decides what actions are “for the benefit of a foreign entity”? If found guilty, the accused could “be sentenced to life imprisonment.” This is no small matter. However, we need not panic. This law will undoubtedly face judicial scrutiny at some point.

On the positive side, some groups have come to recognize that the propaganda surrounding foreign interference, especially accusations aimed at China, is actually part of a broader agenda to restrict civil liberties and academic freedom. This realization has led these groups to unite, including the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association, CAUT, the International Civil Liberties Monitoring Group, Amnesty International, the Canadian Muslim Public Affairs Committee, and Independent Jewish Voices Canada. This is a step forward in history, but the challenge remains on how to involve more people in the movement for social progress.

Since the beginning of this year, Professor John Price has published several academic papers, including The Five Eyes and Canada’s “China Panic”: A Threat to Diplomacy, Research, and Peace in the Pacific? and Commentary / Canada’s China Panic, which expose how the Canadian Security Intelligence Service (CSIS) has propagated the narrative of the “China threat” and exaggerated accusations of so-called “foreign interference.” During the COVID-19 pandemic, anti-Asian racism fueled this narrative, which has had profound and lasting effects. The Canadian Association of University Teachers (CAUT) has also voiced opposition to this “China Panic” and is taking steps to address the challenges posed to academic freedom and the openness of international research. While other countries have gradually stabilized their relations with the People’s Republic of China, Canada remains in turmoil, becoming a “pariah state” unable to navigate its diplomatic situation effectively.

How can the academic community safeguard its rights and ensure academic freedom?

According to Professor Price, there is no simple solution to this issue. Canadian university faculty affected by these measures must work closely with their local faculty associations and with CAUT, both to protect their own well-being and to collectively safeguard academic freedom and civil liberties. Educational efforts are already underway among Canadian scholars, and collaboration with local faculty associations is ongoing. In most cases, university administrations are fearful because much of their funding comes from the government, which makes it all the more necessary for faculty to unite and face this challenge together.

As the situation evolves, more people are beginning to discuss these issues more openly. We need to develop strategies, conduct educational campaigns, and build bridges between communities. Public education will continue, new voices will be brought into the conversation, and we will help reveal the current realities. While CSIS and other organizations are trying to spread fear and isolate people, we must take the opposite approach—unite and work together for justice and peace. There is hope that the federal New Democratic Party and the Green Party will join in this movement for social progress.

Related links：

• The Five Eyes and Canada’s “China Panic” A Threat to Diplomacy, Research, and Peace in the Pacific? A discussion Paper by John Price with the National Security Reference Group Canadian Association of University Teachers (CAUT)
• Commentary / Canada’s China panic By John Price

Source：Voices and Bridges-Canada
Disclaimer：Voices and Bridges-Canada publishes opinions like this from the community to encourage constructive discussion and debate on important issues. Views represented in the articles are the author’s and do not necessarily reflect the views of the V&B.