A federal judge upheld the decision of an immigration official in 2022 to deny a study permit to a Chinese citizen who wanted to work on his doctoral dissertation at the University of Waterloo because the student in question posed a national security risk.
In his decision made on December 22 and released this week, Chief Justice Paul Crampton dismissed the appeal of Yuekang Li, who had challenged the immigration officer's decision.
As hostile state actors in Canada or abroad increasingly resort to unconventional methods to obtain confidential information, disregarding Canada's interests, the Court's assessment of what constitutes “espionage” must evolve, the decision says.
The immigration officer, who is not named in the decision, based the denial of a study permit on, among other things, Mr. Li's field of study. Judge Crampton confirmed that this was a valid reason.
The news was first reported by the Globe & Mail.
According to some experts, this type of decision could become more common.
Microfluidics
The agent [d’immigration] connects Li's research area, microfluidics, with China's strategic interests. In this context, the official discussed open access articles reporting on the importance of the microfluidics industry to China's strategic ambitions. […] [Un article]The judge's opinion, titled “Chinese microfluidics industry: a fast-moving ecosystem,” notes that the Chinese government is recalling Chinese executives, researchers and engineers who have worked abroad to lead and support innovative Chinese companies Decision to increase success in the microfluidics industry.
Microfluidics : Branch of fluid mechanics that studies flows circulating in channels a few micrometers in diameter.
Source: Larousse dictionary
The judge cites the immigration officer's decision: The fact of being specialized in a sector that the [République populaire de Chine] which has been identified as one of its top 10 high-tech sectors (biopharmaceuticals and advanced medical devices), raises concerns that the applicant could be targeted by the US [République populaire de Chine] be used in its non-traditional methods of espionage, which could lead to supplying the United States [République populaire de Chine] Information that is contrary to the interests of Canada.
The judge agrees with the officer's decision.
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Yuekang Li wanted to study at the University of Waterloo. (archive photo)
Photo: The Canadian Press / Nicole Osborne
More frequent cancellations?
Margaret McCuaig-Johnston, a board member of the China Strategic Risks Institute think tank, said she did not believe this would be the last rejection of its kind.
The agents [d’immigration canadiens] Visa officers in Beijing and likely other cities in China have been given advice on what to look for and possible military connections to students and professors coming to Canada from China and wanting to work with our own professors, she said.
This is new and I think it is something that universities themselves need to monitor. [pour éviter] Accommodate students who could pose a security risk [nationale].
For his part, Dick Fadden, former adviser to the prime minister on national security and former director of the Canadian Security Intelligence Service (CSIS), said the decision gives Canada a new tool to deal with a growing problem.
Whether Mr. Li is or might be a spy has little to do with this decision. “I find it undeniable that the Chinese have used universities both in Canada and in allied countries to acquire intellectual property useful to their armed forces,” he said.
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Richard Fadden is a former national security adviser to the Prime Minister. (archive photo)
Photo: The Canadian Press / Sean Kilpatrick
He added that it is high time to consider closing certain areas of study to foreign adversaries, including nuclear technologies, high-performance optics and space exploration.
We should encourage students from other countries to come to our country, just as we should encourage Canadians to study abroad, but there must certainly be a number of critical areas that we and our allies do not want to share with a strategic adversary, said he. I think that [la décision du juge Crampton] will make things easier.
Canada, an easy target?
The federal government has established national security clearances for scientists applying for federal funding and issued the National Security Guidelines for Research Partnerships.
“I still think we’re behind regardless,” Mr Fadden said. We reacted very slowly. I think one of our biggest challenges is recognizing that national security is no longer the sole responsibility of the federal government. We need to involve the provinces, civil society and the private sector.
McCuaig-Johnston said China has targeted Canadian universities for years because they are an easy target.
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Margaret McCuaig-Johnston works at the China Strategic Risks Institute think tank. (archive photo)
Photo: Radio-Canada / CBC
“We do not want to attract military scientists to Canada who work with government-funded programs to learn about our innovations and use them for their own military applications,” she said. That's not very smart. So we have to close this door.
CSIS raises the alarm
CSIS has publicly sounded the alarm on this issue. Last month, the agency's director, David Vigneault, said in a speech that China's efforts to steal Canadian research and interfere in the country's affairs should not be underestimated.
They steal intellectual property from Canadian companies, universities and governments; “This is the essence of our future prosperity,” he said in a speech at the Canadian Museum for Human Rights in Winnipeg.
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David Vigneault is the director of CSIS. (archive photo)
Photo: The Canadian Press / Justin Tang
No one should be under any illusions about the scale of the effort [de la Chine] to infiltrate our political systems, our private sector, our government institutions, our universities, and our communities from coast to coast. This problem isn't just in Vancouver or Toronto. This is an issue that affects all of Canada.
In a written statement, the Chinese Embassy in Ottawa said Beijing rejects espionage and wants to strengthen cooperation with Canada, which is mutually beneficial. The embassy expressed hope for an end to what it believes are unfounded accusations against China.
The Chinese side urges the Canadian side to stop overstretching the concept of national security and create a fair and conducive environment for Chinese students. China will take necessary measures to resolutely ensure the safety and legitimate rights and interests of Chinese students in Canada, the statement said.
With reporting by CBC News' Catharine Tunney