The RCMP says it won’t release the full agreement it signed with China’s Ministry of Public Security without Beijing agreeing to do so, despite demands from the federal Conservatives and NDP for answers on what it contains.
In a statement to Global News on Wednesday, RCMP spokesperson Robin Percival said the memorandum of understanding signed in January “outlines specific forms of mutual collaboration” on policing, the exchange of information and investigative assistance, but did not give further details.
“The RCMP will not unilaterally make public or share the contents of an MOU with a third party without the concurrence of the other party,” Percival said.
“As such, the RCMP is not releasing the contents of the MOU at this time.”
The statement added that such agreements are “a very common practice between national law enforcement agencies” seeking new or enhanced co-operation, and the RCMP has many MOUs in place with agencies around the world.
The MOU was one of several signed during Prime Minister Mark Carney’s trip to China in January, which included new co-operation agreements on forestry, trade, tourism, energy and food safety.
While the full text of many of those MOUs has been released, the one with China’s Ministry of Public Security has not.
A joint statement from Carney and Chinese President Xi Jinping after their meeting said the two sides had “committed to strengthening law enforcement cooperation to combat corruption and transnational crimes, including telecommunication and cyber fraud and illegal synthetic drugs in accordance with their respective laws.”
“The two sides committed to continuing their bilateral law enforcement cooperation annual working group meeting mechanism, under which a counternarcotics dialogue is a key part, and securing more concrete achievements to ensure the security and safety of the two peoples,” the statement added.
Conservative public safety critic Frank Caputo and NDP public safety critic Jenny Kwan have separately written letters to Public Safety Minister Gary Anandasangaree calling for the MOU’s release, saying the details deserve to be scrutinized by MPs and Canadians.
In her letter dated May 12, which was also addressed to Foreign Affairs Minister Anita Anand, Kwan said Canadians should know what information the RCMP is sharing with Beijing under the agreement.
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She noted China’s Ministry of Public Security has been linked repeatedly by international human rights organizations, journalists and democratic governments to intimidation campaigns abroad, and demanded to know if safeguards are in place to prevent Canadian information from being used against dissidents, human rights defenders, journalists or diaspora communities.
“Combatting fentanyl trafficking, cybercrime, and transnational organized crime is unquestionably important,” Kwan wrote.
“However, these objectives cannot come at the expense of democratic transparency, public trust, or the safety of vulnerable communities who already face intimidation from authoritarian state actors.”
She added that organizations including Hong Kong pro-democracy activists in Canada, as well as the Uyghur and Tibetan diasporas, have said the secrecy around the agreement has created fear and uncertainty in their communities.
Caputo said last Thursday that he has yet to receive a response from Anandasangaree to his own letter dated Feb. 9, which highlighted the need for parliamentary oversight on issues of public security.
“At a time when Beijing is targeting democratic institutions and intimidating Canadians on our own soil, secrecy is unacceptable,” Caputo said in a statement that again called for the MOU’s release.
“Canadians deserve to know exactly what the Liberals agreed to behind closed doors.”
Both Caputo and Kwan are also seeking briefings from ministers and department officials on the RCMP-China agreement to Parliament and relevant committees.
Kwan said in her letter that the government should also “meaningfully consult” with diaspora communities on their safety concerns, including the risk of transnational repression.
Public Safety Canada recently answered some questions about the agreement in a written response to a question from Conservative MP John Williamson tabled in Parliament.
The response said agreements with law enforcement agencies in other countries require confidentiality and therefore are not released to the public.
It said the agreement with China outlines areas of collaboration, including the exchange of information, investigative assistance, the sharing of best practices specific to technical expertise and training, and co-ordination with other domestic law enforcement agencies.
The memorandum prescribes that all co-operation is to be undertaken in accordance with the domestic laws, international conventions and the internal policies of each party, and is guided by the principles of sovereignty, equality and mutual benefit, the response added.
Information exchanges follow Canada’s legal framework and the memorandum does not create legally enforceable obligations, the response said.
“Information sharing must abide by the Canadian legal framework and align with the Royal Canadian Mounted Police’s mandate,” Public Safety added.
It also said mutual respect for sovereignty is a foundational principle of RCMP memorandums with foreign law enforcement agencies.
“Countering foreign interference, including transnational repression, is a priority for the Royal Canadian Mounted Police and this informs risk assessments around information sharing and co-operation with foreign entities,” Public Safety said.
The RCMP also has robust internal processes and mechanisms to ensure compliance with federal law on avoiding complicity in mistreatment by other countries, the department said.
Caputo said Thursday that those answers were unsatisfactory.
“The Liberal government is now asking Canadians to accept, without scrutiny, that information-sharing with the same government poses no threat,” he said in his statement. “I think that’s unbelievable.”
— with files from The Canadian Press