 "Arklight | Like father, like son: Why Canada protects terrorists under Trudeaus")
Diplomatic relations between India and Canada have reached their nadir in the last ten days, though the writing has been on the wall for the past few months. Having lost two crucial by-elections recently, the ‘dynast’ and ‘prince’ of the Liberal Party is now facing criticism, not just from the Opposition, but from within his own party. In an attempt to deflect attention from the political quicksand of his own making, Justin Trudeau, the Prime Minister of Canada, appears to be leading a malicious campaign against India, driven by his political ambitions and desire for the international spotlight.
Following the Pug
Not the cute little dog, but the pugmarks followed in the wild during hunting. Much like his father, Pierre Trudeau, in the 1980s, Trudeau Jr has also played politics with home-grown Canadian terrorists, labelled Khalistanis as bedfellows. Since the 1980s, India had appealed to Trudeau Sr, a lawyer by profession, after the crackdown in Punjab, as many terrorists wanted in India had fled to Canada, seeking ‘asylum’. They were granted refuge due to Trudeau Sr’s political policies.
Talwinder Singh Parmar, later the prime suspect in the bombing of the ill-fated Kanishka Jetliner, was a militant who escaped to Canada after gunning down two policemen in Punjab. Despite being responsible for the deaths of 268 Canadians of Indian origin and 24 Indians, he was never convicted in Canada for this heinous act of aviation terrorism. The Trudeaus’ double standards are evident, as Justin Trudeau has sacrificed diplomatic relations between India and Canada to shield an illegal immigrant who gained Canadian citizenship by misrepresenting, lying, and falsifying documents, portraying himself as an asylum seeker.
Maxime Bernier, the Leader of the Opposition and Trudeau’s main political rival, questioned the citizenship of Hardeep Singh Nijjar, asserting that Nijjar obtained Canadian citizenship through fraudulent means. Bernier has advocated for the posthumous stripping of Nijjar’s citizenship.
Impact Shorts
More ShortsTrudeau and his Foreign Affairs Minister have yet to provide any evidence linking India’s diplomats with the “transgressions that cannot be allowed on Canadian soil,” nor have they been able to conclusively demonstrate the involvement of any Indian officials in “acts of threat” against Canadian citizens. This stands in stark contrast to the intelligence shared by Indian agencies on 1 June 1982, warning that Parmar’s Babbar Khalsa would attack an Air India flight. No action was taken, and the victims of the Kanishka bombing have yet to find closure. Most of the victims of this act of terrorism were Canadian citizens. It is clear that the Trudeaus have shown more responsibility in protecting terrorists on Canadian soil than in safeguarding the rights of Canadian citizens.
Extradition Treaty
India and Canada signed an extradition treaty in 1987, and despite the treaty clearly stating that both governments are “desiring to make more effective the cooperation of the two countries in the suppression of crime by making provision for the reciprocal extradition of offenders, and recognising that concrete steps are necessary to combat terrorism,” the Canadian government refuses to acknowledge India’s extradition requests. Twenty-six such requests, some pending for over a decade, have been kept on the backburner by Canadian authorities.
According to an MEA spokesperson, India is seeking the extradition of individuals including Gurjit Singh, Gurjinder Singh, Gurpreet Singh, Lakhbir Singh (Landa), Arshdeep Singh Gill, and members associated with the Lawrence Bishnoi gang. Many on India’s extradition list are charged with terrorism-related offences, but Ottawa has yet to respond to New Delhi’s extradition requests. Meanwhile, the Royal Canadian Mounted Police has accused the Indian government of colluding with the Bishnoi gang in the killing of Hardeep Singh Nijjar, without providing a shred of evidence and despite having failed to act on India’s extradition request.
It is a matter of record that Canada has provided asylum to other criminals accused of crimes in their native countries, including Noor Chowdhury, who was directly involved in the assassination of the founding father of Bangladesh, Sheikh Mujibur Rahman. Even the horrific case of honour killing, where a Canadian Punjabi mother had her daughter killed for marrying a poor Jat in India, took over 18 years for her to be brought to justice in India for the 1999 murder of her daughter, Jaswinder Kaur.
Vienna Convention on Diplomats
The Vienna Convention is the cornerstone of diplomatic relations between countries. Key provisions of the Vienna Convention on Diplomatic Relations include the inviolability of diplomats and their residences, ensuring they cannot be arrested or searched; immunity from criminal and most civil jurisdictions; protection of diplomatic premises from entry without permission; and freedom for diplomats to carry out their duties.
Under Trudeau’s watch, Indian diplomats and their families have continued to face harassment, intimidation, and threats to their safety in blatant violation of the Vienna Convention. This has been perpetrated not only by Canada’s own citizens, labelled as Khalistani fringe members, but allegedly with the active collusion of the scandal-ridden Royal Canadian Mounted Police. In 2023, the Consulate office in Vancouver was defaced with offensive graffiti; also in 2023, violent demonstrations were organised outside the Indian High Commission in Ottawa, threatening the safety and security of the officials stationed there. In another incident at the Toronto Consulate, the Indian flag was pulled down and desecrated by a group of Khalistanis, who have been continuously shielded by Justin Trudeau. This act of aggression against the Indian Republic was only mildly condemned by the Canadian Prime Minister, and that too after a strong protest was lodged. Indian diplomatic missions have consistently raised concerns about the lack of adequate security measures provided by the Canadian government in light of the ongoing threats and protests targeting their consulates and diplomats.
So much for the Trudeaus’ commitment to following an international rules-based order.
The Law and Kanishka
The bombing of Air India Flight 182, commonly known as the Kanishka bombing, was one of the deadliest terrorist attacks in aviation history. The plane, en route from Montreal to London, exploded mid-air off the coast of Ireland on 23 June 1985, killing all 329 people on board. The legal proceedings and investigations surrounding the case have been complex and controversial, often criticised for their handling. Inderjit Singh Reyat is the only person convicted in relation to the bombing and was sentenced to only five years in prison for killing 329 people. Ripudaman Singh Malik and Ajaib Singh Bagri were accused of masterminding the bombing. After a lengthy trial that lasted from 2003 to 2005, both were acquitted. Their acquittal was a major disappointment for the families of the victims and drew widespread criticism regarding the Canadian legal system’s handling of the case. Parmar, the Babbar Khalsa chief wanted in India for many acts of terrorism, was the mastermind behind the Kanishka bombing and has been commemorated as a martyr by Trudeau’s political ally, Jagmeet Singh.
Evidence, Investigation, and Prosecution
Despite providing extensive security-related information and multiple requests for arrests, little or no action has been taken by the authorities, which has intensified tensions. These criminals are of Indian origin, and today they are not only Canadian citizens but are also implicated in transnational crimes being committed on Canadian soil.
A charade of legal principles is being consistently created to block action against the perpetrators of terrorism. Invoking refoulement and the death penalty is nothing but a cover to protect these criminals. Canadian soil is being used for operations by these networks in contravention of other legal principles. Under Trudeau’s rule, the rule of law and international cooperation is being subverted.
What is at stake is not just India’s frustration; Canada’s reputation as a constitutional democracy, with its commitment to human rights, is being jeopardised by Trudeau’s approach, which is incompatible with the principles of diplomacy and fundamental legal standards.
1. India has provided robust and credible evidence to the authorities. The charges of murder, terrorism, drug trafficking, arms smuggling, money laundering, and counterfeiting currency, among others, are crimes in both countries, as well as in other nations across the globe.
2. Criminals cannot be allowed to operate with impunity. The case of Abu Salem is a pertinent example that raises objections to capital punishment and underscores the need for guarantees.
3. The bogey of human rights and the rule of law needs to be called out, as it is being used to justify crimes by criminals in Canada. The governance system under Trudeau is evading its obligations under international law.
Obligations under International Law
Under the principles of customary law, states cooperate among themselves and with international tribunals by adhering to the principles of customary law and international covenants to enforce the rule of law. States have agreed to ensure that impunity is not tolerated for crimes against humanity, such as terrorism, counterfeiting currency, and murder, in addition to war crimes. This obliges states to ensure that such violations are properly investigated and sanctioned. Perpetrators must be brought to justice through national mechanisms, or where appropriate, through regional or international mechanisms. States need to fight against impunity for the rule of law to prevail.
The principle of aut dedere aut punire (either extradite or punish) comes into effect; this principle was postulated by Hugo Grotius. It is derived from numerous multilateral conventions, and today its new iteration is aut dedere aut judicare (submission to judicial process). From reports to conventions to case law, it is amply clear that while extradition is an option, investigation, prosecution, and punishment are obligations.
State-Sponsored Terrorism?
“Snakes in your backyard will eventually bite those who keep them.” Hillary Clinton’s famous words against Pakistan-sponsored terrorism should not come back to bite Trudeau as he continues to support terrorism in Canada. The recent expulsion of the Indian High Commissioner to Canada and the unlawful designation of him as a person of interest in the investigation of Nijjar’s killing is a blatant violation of the Vienna Convention and an ultra vires act on the part of the Canadian government. Even India’s traditional foe, Pakistan, follows certain diplomatic norms and has refrained from such illegal acts.
Further, to suit their own narrative, Trudeau and his team have sought to compare India to Russia by claiming that Indian diplomats were involved in “homicides, extortions, and death threats in Canada.” Yet, individuals of interest in terror and homicides in their native countries—such as Noor and Parmar—are welcomed with open arms and are able to circumvent Canada’s strict immigration criteria to become citizens.
It is apparent that Trudeau has no qualms about circumventing international law to cling to power, despite losing the confidence of his Labour Party colleagues, especially after losing two key bye-elections in Montreal and Toronto. He is pandering to vote bank politics as he seeks to divert attention from a floundering economy by pointing fingers at India.
It is for Canadian citizens to think critically and react to the events unfolding in a deeply connected world. History and governance under Trudeau have mainstreamed terrorism, where gang wars are the new normal and are exhibited as social values. Governance under this regime is slipping, and the state of Canada is being reduced to a rudimentary condition by virtue of not fulfilling its international obligations and allowing international criminals to operate with impunity.
The writer is a lawyer, politician and social activist. Views expressed in the above piece are personal and solely those of the authors. They do not necessarily reflect Firstpost’s views.
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