Recently, diplomatic relations between Canada and China have been strained due to the execution of four Canadian citizens on Chinese territory on drug-related charges. Despite the Canadian government’s efforts to appeal for clemency, China proceeded with the execution citing its strict anti-drug laws, creating discord between both nations and raising concerns regarding international legal norms, human rights, and geopolitical leverage. Notwithstanding the escalating tensions, it is pivotal that decision makers carry on developing pragmatic responses that balances human rights advocacy with diplomatic engagement.
A major roadblock standing in the way of positive relations between Canada and China, is the inherent difference in legal and frameworks and traditions. The fundamental issue being Ottawa’s and Beijing’s antagonistic views on the death penalty. While China enforces strict anti-drug laws, which mandate capital punishment for severe offenses, Canada abolished the death penalty in 1976 and stands firmly against capital punishment worldwide. Moreover, China does not recognise dual-nationality which creates significant challenges in advocating for Canadian dual citizens facing legal trouble in China. Tensions have also arisen in a broader diplomatic context, as trade tensions and Canada’s advocacy for human rights often clashed with China’s prioritization of sovereignty and non-interference, exacerbating the diplomatic deadlock. In recent history, diplomatic efforts addressing similar situations have resulted in different outcomes. While some nations have managed to successfully lobby for sentence reductions or pardons by exerting international pressure, China has increasingly become more assertive in particular with regard to opposing Western diplomatic interventions. The execution of these Canadians, particularly against the backdrop of ongoing trade disputes and past incidents like the detention of Michael Kovrig and Michael Spavor, signifies a shift in China’s approach to dealing with Canada and may signify that traditional diplomatic efforts may not be viable options anymore.
In spite of these hindrances, Canada must pursue other strategies that are both firm and pragmatic. This can be achieved by pursuing and strengthening international coalitions against the death penalty, and collaborating with other nations and international organisations which share these values such as EU and UN Human Rights Council. Such actions and diplomatic pressure can be leveraged to push for legal reforms on countries that continue to practice capital punishment.
Another avenue that would be worth pursuing, is for Canada to negotiate a bilateral legal cooperation mechanism with China.While it may be unrealistic to expect China to abolish capital punishment in the near future, Canada could start negotiations and explore the possibility of a prisoner transfer agreement between both countries. This would allow Canadians convicted in China to serve their sentences in Canada, while providing a diplomatic middle ground which respects both nations’ legal frameworks.
Additionally, Canada should reevaluate its broader strategy regarding Canadian-Chinese relations. It should aim to integrate human rights concerns into trade negotiations and foreign policy discussions with the Chinese Government, trying to balance economic and diplomatic ties while advocating for human rights. This could be achieved by leveraging economic partnerships with China while setting clear red lines on issues of human rights and legal protections for Canadian citizens abroad. Canada must also develop and enhance public awareness and advocacy campaigns which engage civil society actors, legal experts, and human rights organizations. This could result in increased pressure on both governmental and international institutions to take meaningful action, while ensuring that families of affected individuals have proper access to legal and psychological support.
While the execution of Canadian citizens in China marks a troubling development in bilateral relations, it also presents an opportunity for Canada to reassess and refine its diplomatic strategies. By advocating for legal cooperation, reinforcing international alliances, and strategically engaging with China, Canada can work toward preventing similar incidents in the future while upholding its commitment to human rights and international justice. Decision-makers must act decisively to turn this crisis into a catalyst for long-term diplomatic and legal solutions that protect Canadian citizens worldwide.
By The European Institute for International Relations
