How to kick a diplomat out of Canada

The federal government is under heavy political pressure to expel a foreign diplomat from Canada. Such expulsions are rare but they do happen.

Earlier this week, the Globe and Mail reported thatZhao Wei, adiplomatat the Chinese consulate in Toronto, was allegedly working on efforts to threaten the family members of Conservative MP Michael Chong.

Chong, whosefather was from Hong Kong, has relatives in China. The Chinese Embassy in Canada and Beijing's foreign affairs spokesperson have denied the allegations.

The Conservatives have demandedrepeatedly that the Trudeau government explain why it has not yet sent Zhaopacking. Foreign Affairs Minister MlanieJoly said Thursday that the government hasn't made a decision yet.

On Friday,Prime Minister Justin Trudeau would not say whether his government plans toexpel Zhao.

"This is a big step, not a small step, to expel diplomats. It's one that has to be taken with due consideration on all the potential impactsand all the very clear messages that it will send," Trudeau said.

"This is something that [Joly] is looking at very carefully, looking at all the information around it, and she will make a decision in due course."

WATCH|Should Canada expel China's diplomat accused of targeting Michael Chong?

Should Canada expel China's diplomat accused of targeting Michael Chong?

1 year ago

Duration 18:04

Conservative MP Michael Chong is demanding an explanation and action after reports that he and his family were targeted by China and one of its diplomats living in Toronto. Plus, how are the Liberals planning to re-energize the party?

The government can expel Zhao at any timelegally, it doesn't even have to offer a reason for the move. It would do so simply by declaring Zhaopersona non grata, a Latin phrase meaning"person not welcome."

Canada is a signatory to the 1961 Vienna Convention, a United Nations treaty. Article nine ofthe convention says that a country "may, at any time and without having to explain its decision, notify the sending State that the head of the mission or any member of the diplomatic staff of the mission is persona non grata."

Canada can alsodeclare a foreign diplomat persona non grata prior to their arrival in this country.

Expulsion is often a country's only option for sanctioning a foreign diplomat. Article 31 of the Vienna Convention grants diplomats immunity from criminal prosecution and in most civil matters while posted to foreign countries.

Canada has expelled diplomats from a number of countries over the years.

In 2018, Canada expelled four Russian diplomats and denied three Russian applications for additional diplomatic staff. Then-foreign affairs minister Chrystia Freelandcited a nerve gas attack on a Russian dissident in the United Kingdom as the reason for the decision. The movewas made in concertwith several allies.

In 2013, under then-foreign affairs minister John Baird, Canada expelled an Eritrean diplomat,Semere Ghebremariam O. Micael. He was the head of Eritrea's consulate general in Toronto. Media outlets had reportedO. Micaelwas allegedly soliciting a "diaspora tax" on Eritreans in Canada.

"The Eritrean government is welcome to propose another candidate to represent it in Canada, but that person must be prepared to play by the rules. Our resolve on this matter should not be further tested," Baird said in anews release on the expulsion.

A year earlier, Canadaexpelled all Syrian diplomats in response to the Houla massacre in the Syrian Civil War.

Syria wasn't the only country Canada severed diplomatic relations with in 2012. In September of that year, the governmentdeclared all Iranian diplomatspersona non grata, closed the Iranian embassy in Ottawa and shuttered the Canadian embassy in Tehran.

"Canada's position on the regime in Iran is well known. Canada views the government of Iran as the most significant threat to global peace and security in the world today," Baird said in a news release.

"The Iranian regime has shown blatant disregard for the Vienna Convention and its guarantee of protection for diplomatic personnel."

Andrei Knyazev, aRussian diplomat based in Ottawa, drove his car into a sidewalk in 2001, killing one pedestrian and severely injuring another.Knyazevrefused a breathalyzer test, citing diplomatic immunity. Canada subsequently expelled himand the Russian foreign ministry fired him.

A Moscow court found Knyazevguilty of involuntary mansalughter and sentenced him to four years in a penal colony.

Knyazev's case precededtwosimilar incidents involving diplomats and drunk driving, including a casewhich saw Japan recalla diplomat accused of DUIin 2002.

Canada expelled two Chinese diplomats in 1970s after Canada established diplomatic relations with the People's Republic of China in 1970. A Globe and Mail report, citing confidentialsources, saidone Chinese diplomat was ordered to leave in 1977 over attempts to influence and infiltrateChinese-Canadian organizations.