2. Minister’s Remarks

Bill C-70 – Countering Foreign Interference Act

House of Commons Standing Committee on Public Safety and National Security

Minister of Justice and Attorney General of Canada

June 2024

Good morning, Mr. Chair, and Members of the Committee. I am pleased to be here today to speak with you about the threat of foreign interference in Canada and how Bill C-70, and, in particular, the criminal law, aims to help detect, disrupt, and protect against the threat of foreign interference.

Bill C-70 seeks to modernize Canada’s laws to better protect our democracy, and protect people in Canada, including disproportionately affected diaspora communities, against new and evolving threats posed by foreign interference.

The proposed changes are inspired by our allies, such as Australia and the United Kingdom, which recently strengthened their foreign interference laws to deal with the modern threat environment.

They are also based on extensive consultations with provincial, territorial and Indigenous partners; academics; the legal community and communities across the country.

In these consultations, the message was clear – Canada must take action now to counter the growing threat of foreign interference.

The reforms to our criminal laws proposed in Parts 2 and 3 of the Bill are strong, measured and direct.

Looking first at the Security of Information Act, the Bill would amend the existing offence of using intimidation, threats or violence against Canadians and people living in Canada on behalf of foreign states. It would simplify prosecutions by removing the requirement to prove that the prohibited act harmed Canadian interests or was intended to increase the capacity of a foreign state to harm Canadian interests.

The Bill would ensure that these protections extend to people working outside the country or travelling to visit loved ones. It would also ensure that the law addresses threats by foreign states against family members of Canadians, when those family members are being threatened to exert pressure on someone to do or not do something, like protesting a foreign government.

This is a significant step in addressing transnational repression and some of the fears we heard from community groups and stakeholders during the consultations.

The Bill would also create a new offence of committing an indictable offence for a foreign entity as well as a new general foreign interference offence where a person knowingly engages in surreptitious or deceptive conduct for a foreign entity.

Crucially, we are also proposing strengthened protections for our democratic institutions. The new offence of political interference for a foreign entity would criminalize interfering with a democratic process and would apply at all times and to all levels of government, and, importantly, to the nomination process of political parties. This is a significant expansion of protections beyond what is currently provided for in the Canada Elections Act.

The Bill also proposes to amend the preparatory acts offence to ensure that those who assist others to interfere with the safety and security of people in Canada face serious consequences for their actions.

With regard to the Criminal Code, the bill proposes to modernize the current offence of sabotage, which has not been revised since 1951, as well as to add two offences aimed at protecting essential infrastructure and criminalizing the creation and distribution of devices intended to be used for sabotage.

During public consultations, stakeholders from Canadian and industry associations clearly indicated the need to protect essential infrastructure.

The proposed amendments would expressly recognize the rights to freedom of expression and freedom of peaceful assembly protected by the Charter and would confirm that persons acting under these rights, without intent to commit an act of sabotage, do not fall within the scope of the offence.

To ensure that these new offences are used in appropriate circumstances, the consent of the Attorney General would be required before any charges relating to sabotage are laid.

I will now talk about Part 3, which amends the Canada Evidence Act and the Criminal Code.

Currently, the Canada Evidence Act does not allow the judge in the underlying proceeding to consider sensitive information that is not disclosed to the affected party when deciding the matter.

For federal administrative proceedings only, and excluding all matters under the Immigration and Refugee Protection Act, the Bill proposes to create a standardized process that would allow for the protection AND the use of sensitive information in deciding the underlying matter. To ensure procedural fairness, some safeguards are proposed, such as the inclusion of special counsel to represent the interests of the non-governmental party throughout the proceedings.

With regards to criminal proceedings, the Bill also makes two specific changes, with a view to improve efficiency and limit undue delays.

Through these important legislative proposals, our government is taking concrete action to protect all people in Canada, our institutions and our democracy from foreign interference.

These changes have been built with the input of Canadians. They are balanced, fair and now more than ever, in need.

I would be pleased to answer your questions.

Thank you.