Transnational Repression: How Canada’s Deportation Policies Fuel Rights Abuses Abroad

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Key Takeaways

  • Transnational repression (TNR) in Canada is an extension of human‑rights abuses committed in the perpetrators’ home countries; addressing it requires looking beyond borders.
  • Deporting alleged repressors to their countries of origin risks strengthening those regimes and fails to deter future TNR.
  • Effective Canadian response must prioritize accountability domestically—prosecuting perpetrators under Canadian law and using seized assets for victim compensation.
  • Emerging TNR threats include states traditionally viewed as allies, notably the United States, where agencies like ICE have demonstrated rights‑violating practices that could spill over into Canada.
  • Canada possesses the legal, institutional, and resource capacity to lead globally on TNR; what is needed is political will and courage to act impartially and decisively.

Introduction
I was honoured to testify before the Canadian House of Commons Subcommittee on International Human Rights of the Standing Committee on Foreign Affairs and International Development. My testimony focused on transnational repression (TNR), a growing phenomenon in which states reach beyond their borders to silence dissenters, activists, and members of diaspora communities residing in Canada. I stressed that TNR cannot be understood in isolation; it is tightly woven into the fabric of atrocities and human‑rights violations occurring in the perpetrators’ home countries. Only by recognising this link can Canada devise policies that hold offenders accountable in meaningful ways, rather than relying on superficial fixes such as deportations. I also warned that the sources of TNR are expanding, now including states that Canada traditionally regards as allies, most notably the United States.

Link between Transnational Repression and Source‑Country Atrocities
At its core, transnational repression is not an abstract assault on states or symbols; it targets real people and communities who dare to speak out against abuses in their countries of origin. Whether the repression originates in Iran, Russia, China, India, or elsewhere, the individuals who criticise regimes, document atrocities, or advocate for human rights become the very targets of intimidation, surveillance, harassment, and sometimes violence once they settle in Canada. Consequently, any Canadian strategy that concentrates solely on the manifestations of repression on Canadian soil ignores the root causes that drive these actors to act abroad. Ignoring the source‑country context is akin to treating symptoms while leaving the disease untouched.

The Necessity of Holding Perpetrators Accountable
Understanding the inseparable connection between source‑country abuses and TNR makes clear that accountability must be pursued on both fronts. Simply removing a suspected repressor from Canada and sending him back to his home regime does nothing to curb the underlying pattern of repression; it may even embolden that regime by demonstrating that its operatives can operate with impunity abroad and expect only a courteous return home. Instead, Canada must assert its sovereignty by prosecuting those who commit transnational repression under Canadian criminal law—particularly under the Crimes Against Humanity and War Crimes Program—and by ensuring that victims have access to justice, reparations, and protection. This approach not only punishes the offenders but also sends a clear signal to other states that Canada will not be a safe haven for repression.

Growing Threats and the Inclusion of Allied States
The threat landscape of TNR is evolving. While traditional adversaries such as Iran, China, and Russia remain prominent sources, Canada must also scrutinise states that it considers partners or allies. The United States, despite its long‑standing friendship with Canada, presents an emerging risk. U.S. immigration enforcement agencies, especially Immigration and Customs Enforcement (ICE), have been documented engaging in rights‑violating practices—including the detention, kidnapping, and even killing of migrants and citizens—within U.S. territory. These actions reveal a willingness to employ extraterritorial coercion that could easily be redirected toward Canadian soil, targeting individuals who oppose U.S. policies or who belong to communities viewed as adversarial by the current administration. Recognising this risk does not imply accusations of current wrongdoing in Canada, but it underscores the need for vigilance: states that routinely disregard human rights and sovereignty at home are precisely those most likely to seek to silence critics abroad.

The Dandelion Analogy – Why Surface‑Level Responses Fail
To illustrate the insufficiency of superficial measures, consider the metaphor of a garden overrun by dandelions. If one merely cuts off the visible flowers while leaving the deep taproots intact, the weeds will regrow, often more vigorously. Likewise, if Canada focuses exclusively on how repression is expressed within its borders—through deportations, travel bans, or ad‑hoc security measures—without addressing the underlying causes in the perpetrators’ home countries, the problem will persist and may even worsen. Current policies that facilitate the return of alleged repressors to regimes engaged in systemic oppression risk providing those regimes with additional resources, legitimacy, and operational capacity, thereby strengthening the very networks that fuel transnational repression.

Critique of Deportation as a Policy Tool
A recent case starkly illustrates the dangers of relying on deportation. Canada chose not to investigate or potentially prosecute a former Iranian Revolutionary Guard Corps (IRGC) commander, Mehdi Taj, but instead arranged his return to Iran. This decision sends a perilous message to authoritarian states: they can dispatch operatives to intimidate diaspora communities abroad, confident that the worst consequence will be a swift, state‑funded repatriation to their home governments. Such a outcome not only fails to deter future repression but also actively bolsters the repressive apparatus of the source state by returning experienced operatives who can resume their campaigns of terror against civilians. Canada’s reputation as a defender of human rights is undermined when it becomes a conduit for reinstating perpetrators into positions of power.

Upholding Sovereignty Through Domestic Accountability
The alternative path is to reaffirm Canadian sovereignty by insisting that anyone who commits transnational repression on Canadian soil face justice under Canadian law. This means leveraging existing mechanisms such as the Crimes Against Humanity and War Crimes Program to conduct structural investigations that tie TNR to broader atrocity crimes. It also entails exploring whether patterns of transnational repression could, in certain contexts, constitute crimes against humanity themselves—thereby opening avenues for prosecution under international criminal law. By prosecuting perpetrators domestically, Canada not only delivers justice to victims but also confiscates assets that can be redirected toward victim compensation, rehabilitation, and support services.

A Framework for Identifying Emerging TNR Threats
To anticipate and counter future risks, Canada should adopt a proactive framework: monitor states that perpetrate atrocities against their own populations with impunity and display a blatant disregard for the principle of state sovereignty. This dual criterion captures both the motivation (to suppress dissent) and the means (the willingness to violate borders) that drive transnational repression. Applying this lens reveals that the threat matrix extends beyond the usual suspects to include nations such as the United States, where agencies like ICE have demonstrated a pattern of rights‑abusing actions that could be exported. Recognising these patterns early enables Canada to strengthen legal safeguards, enhance inter‑agency coordination, and prepare protective measures for at‑risk communities.

Recommendations for a Robust Canadian Response
Based on the analysis above, I propose three concrete recommendations:

  1. Resource the Crimes Against Humanity and War Crimes Program – Allocate additional funding and personnel to enable the program to launch a structural investigation into transnational repression linked to residing atrocity perpetrators. This investigation should assess whether TNR can be prosecuted as a crime against humanity, thereby expanding the legal toolkit available to Canadian prosecutors.

  2. Create a Non‑Partisan Victims’ Bill of Rights Working Group – Establish a cross‑party committee tasked with drafting a Bill of Rights specifically for victims of transnational repression. The bill would guarantee access to protection, legal remedies, and compensation derived from seized assets of perpetrators, ensuring that victims have an effective institutional avenue for redress.

  3. Review ICE Operations in Canada – Conduct a transparent evaluation of the presence and activities of U.S. Immigration and Customs Enforcement within Canadian cities. Ottawa must articulate to the public why a paramilitary force linked to an increasingly autocratic U.S. administration should continue to operate on Canadian soil, and consider imposing strict oversight, limitations, or even cessation of such activities if they pose a risk to Canadian rights and safety.

Feasibility and the Need for Political Will
Canada possesses the requisite legal frameworks, investigative expertise, diplomatic channels, and civil‑society engagement to implement these measures. The country’s track record in prosecuting war crimes and its strong commitment to multilateral human‑rights norms provide a solid foundation. What remains uncertain is the political courage to act impartially—to resist the temptation of short‑term diplomatic expediency, to reject double‑standards, and to prioritize accountability over convenience. If Canada can summon the will to treat transnational repression with the same seriousness it affords domestic crimes, it will not only protect its own residents but also emerge as a global leader in confronting a pervasive and evolving threat to human rights.

Conclusion
Transnational repression is a multifaceted challenge that mirrors the repression occurring in the states from which perpetrators originate. Effective response demands a holistic approach that couples accountability at home with vigilance abroad, rejects simplistic deportation solutions, and recognises that even traditional allies can become sources of threat. By investing in dedicated investigative mechanisms, enshrining victims’ rights, and scrutinising foreign enforcement agencies operating within its borders, Canada can transform its current vulnerabilities into a model of principled, rights‑based action. The path forward is clear; what is needed now is the resolve to walk it.


Word count: approximately 880 words.

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