The Current Context
The diplomatic relationship between Canada and India has suffered recently due to allegations by Canadian officials. The crisis began when Prime Minister Justin Trudeau announced that Canada had received credible intelligence indicating that Indian government agents were complicit in the killing of Hardeep Singh Nijjar, a Canadian Sikh leader and prominent advocate of the pro-Khalistan movement. This event was followed by subsequent accusations of further involvement of the Indian government in cases of “homicide, extortion, and violent acts” aimed at Khalistan supporters in Canada. India continues to claim that these accusations are absurd and takes no formal responsibility for the accused crimes.
This situation has resulted in the withdrawal of diplomats from both countries. Starting in October 2023, Canada withdrew dozens of its diplomats from Indian territory, a decision which came after India threatened to revoke these Canadian officials’ diplomatic immunity. This course of action would have created significant security risks for the diplomats involved. The current Minister of Foreign Affairs Canada, Melanie Joly, has condemned this decision as a breach of international law as per the Vienna Convention on Diplomatic Relations. Joly warned that allowing such norms to be transgressed would undermine the safety of diplomats worldwide.
In response, Canada’s Acting High Commissioner, Stewart Ross Wheeler, and five other Canadian diplomats were asked to leave India. Visa services were also cut, though they have now been reinstated. Equally, the Indian government has recalled many of its diplomats and officials from Ottawa, stating they have “no faith in the current Canadian government’s commitment to ensure their security.”
What is Diplomatic Immunity?
Diplomatic immunity, which shields foreign diplomats from prosecution, lies at the heart of the current standoff. It is a key concept of international law that enables diplomats to collect, communicate, and report information without risking criminal prosecution in a host country. Canada’s Foreign Missions and International Organizations Act enshrines diplomatic immunity by granting diplomats full immunity from arrest, detention, and prosecution within its borders. However, this principle has a complicated accountability mechanism, especially in cases where diplomats are accused of crimes by their host governments. The Indian diplomats who were forced to return home illustrate this complicated dynamic, as it was only due to their diplomatic status that they did not undergo a more serious investigation.
Indian Communities in Canada
The diplomatic tensions between Canada and India have profoundly impacted Canada’s Indian community, leading to divisions and a growing sense of alienation. These tensions have sparked protests in cities across Canada, as many Indo-Canadians feel “betrayed and unjustly singled out” amid the intensifying dispute, which some worry casts unfair doubt on their belonging in Canada. Equally, they worry that these incidents will fuel anti-immigration sentiment across Canada, further isolating Sikhs and Hindus. The decision by certain political figures to distance themselves from key cultural events has further fueled these feelings. For example, Conservative party leader Pierre Poilievre’s cancellation of Diwali celebrations was seen by some as a symbolic gesture, reinforcing the perception of Indo-Canadians as outsiders rather than integral members of Canadian society.
Recent incidents underscore these divides, including the violence reported at the Hindu Sabha Mandir in Brampton, Ontario. A protest near the temple followed the incident, where police reported weapons sightings and made three arrests. This violence has invited attention from influential figures like Narendra Modi, Doug Ford, and Justin Trudeau, who have all commented on the event and condemned the violence. Modi emphasized that he expects “the Canadian government to ensure justice and uphold the rule of law”. The Sikhs for Justice organization denotes the escalation of tensions due to the presence of Indian consulate officials at the temple, stating these representatives use visits to places of worship as opportunities to recruit informants to target Sikh separatists. This organization hopes that the Canadian government will close Indian consulates in Toronto and Vancouver, citing that “their communities won’t feel safe” until closures are complete.
Future Challenges
The Trudeau government’s accusations have faced criticism, with some interpreting them as a strategic move to garner support from Canada’s Sikh community as elections approach. The Sikh community in Canada is the largest population outside of India. The deteriorating relationship between Canada and India could have significant repercussions on immigration. With fewer diplomats available to manage and mend ties, resolving these issues becomes even more challenging, potentially leading to further strain rather than improvement.
Edited by Isabelle Monette
The opinions expressed in this article are solely those of the author and they do not reflect the position of the McGill Journal of Political Science or the Political Science Students’ Association.
Featured image by Hailey Sani obtained via Flickr