2. Minister’s Remarks

Bill C-70, Countering Foreign Interference Act

Standing Senate Committee on National Security, Defence and Veterans Affairs

Minister of Justice and Attorney General of Canada

June 2024

I am pleased to be here today to speak with you about Bill C-70.

This bill reflects both the reality of the foreign interference threat we face in this country, and the views of Canadians and experts on how best to address it. The proposals are strong, direct and measured.

Bill C-70 proposes to amend existing offences and add new ones to the Security of Information Act and the Criminal Code in order to directly address the threat that foreign interference poses to our democracy. The proposed amendments would protect individuals in Canada, including the disproportionately affected diaspora, from the evolving threat of foreign interference.

These changes are based on the extensive consultations with affected communities. With provincial, territorial, and Indigenous partners, academics, the legal community and other stakeholders. There were over 40 roundtables leading up to the introduction of this legislation.

The message from the consultations was clear. Canada must take action to equip law enforcement and prosecutors with the tools they need to counter foreign interference.

With respect to the Security of Information Act, the bill amends the current offence of intimidating, threatening or using violence against Canadians and persons living in Canada on behalf of foreign states. To assist police and prosecutors in combating transnational repression, it removes the requirement to prove that the prohibited act did harm Canadian interests or was intended to enhance the ability of a foreign state to harm Canadian interests.

Rather, under this bill, it will be necessary to prove that the prohibited act was committed at the direction of or in collaboration with a foreign state.

The bill ensures that the Security of Information Act applies to threats made by foreign states against family members of Canadians. This includes when these members are threatened in order to pressure someone to do or not do something, for example to protest against a foreign government.

In other words, an individual overseas is in violation of the law when he or she threatens a Canadian or a member of his or her family at the request of a foreign state.

The Bill creates three new offences in the Security of Information Act (or SOIA).

First, an offence for committing any indictable offence for a foreign entity.

Second, a new general foreign interference offence that would apply where a person knowingly engages in surreptitious or deceptive conduct for a foreign entity.

In the third new offence of political interference for a foreign entity, the Act would criminalize surreptitious or deceptive interference with a democratic process at the direction of (or in association with) a foreign entity.

It would apply at all times, not only during the writ period, and to all levels of government. It also applies to the nomination process of political parties, and to the most senior levels of decision-making in educational institutions.

These updates to the law are designed to protect our institutions from interference. The offence applies where a malign foreign influence covertly attempts to undermine legitimate processes.

The Bill also proposes to increase the penalties and broaden the scope of the preparatory acts offence in the SOIA. “Preparatory acts” refer to actions taken in preparation of committing certain offences, like espionage or foreign influenced threats of violence.

With respect to the Criminal Code, the bill proposes to modernize the current offence of sabotage, which has not been revised since nineteen hundred and fifty-one [1951], as well as to add two offences relating to critical infrastructure and devices intended to be used for sabotage.

During public consultations, stakeholders from Canadian associations and industry made it clear that critical infrastructure needs to be protected.

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

To ensure that these new offences are used in appropriate circumstances, the Attorney General will need to give consent before any charges related to sabotage are laid. It is absolutely critical that the right to peaceful protest is safeguarded.

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

I would be pleased to answer your questions.

Thank you.