Expulsion of Diplomats
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Context:
Canadian media reports suggest that Canada is considering expelling a Chinese diplomat allegedly involved in foreign influence activity in Canada.
Issue:
What legal rules govern the expulsion of diplomats accredited to Canada?
Bottom Line:
Canada has unfettered discretion to declare foreign diplomats persona non grata (PNG). The foreign state then withdraws the PNGed diplomat. If they do not, after the passage of a reasonable period of time (maximum of 10 days in Canadian law), the diplomat is no longer a member of the diplomatic mission. They then lose their diplomatic immunity from Canadian law. Diplomats cannot challenge a PNG decision in Canadian courts.
The Details:
Run time: 2:50
Resources:
Vienna Convention on Diplomatic Relations
Foreign Missions and International Organizations Act
Copello v. Canada (Minister of Foreign Affairs), 2003 FCA 295
Eileen Denza, “Persona Non Grata,” Oxford Public International Law (partial paywall)
Forcese & West, National Security Law (2021)