Indo-Canadian Diplomatic Rift Through the Lens of Vienna Convention

Introduction:

It is often said that common culture, mutual experiences, and shared history bring us closer. In the context of Indo-Canadian relations, these factors have played a pivotal role in fostering a relationship that has grown stronger over time. Both countries, having been subjected to the pressures and exploitation of the same colonial power, drew closer through their parallel struggles for independence and self-determination. This shared experience of subjugation and eventual liberation has created a natural alignment in their worldviews, further solidified by their commitment to democratic values and the rule of law.

Moreover, the presence of a vibrant and politically active Indian diaspora in Canada has served as a cultural bridge, enhancing people-to-people connections and enriching both the societies. Over the years, India and Canada have cooperated on numerous global issues, from climate change to trade, and enjoyed a generally amicable relationship on the international stage. Nonetheless, this closeness experienced a significant rift, first in 2023, due to a murder of Hardeep Singh Nijjar and recently in October 2024 over the accusation of senior Indian diplomats as ‘persons of interest’ by Canadian government.

From Unity to Uncertainty: The Shifting Dynamics of Indo-Canadian Relations

While today Canada often finds itself linked to elements of Indian separatism, the Indian diaspora in Canada played a pivotal role in supporting India’s freedom struggle. In the 1860s, the British sent a significant number of Indians to British Columbia to work in the booming lumber industry. As a result, Indian immigration to Canada surged dramatically by the mid-20th century, particularly due to Canada's more relaxed immigration laws.

Canada was one of the first countries to recognize the Indian National Congress (INC) and its mission, even providing financial assistance to India’s independence movement. The Gadar Party was founded in San Francisco in 1913, many of its key members were Punjabi Sikh immigrants from India. Moreover, in the 1940s, Canadian Prime Minister William Lyon Mackenzie publicly expressed his support for India's independence and called for a peaceful transition to self-rule. Consequently, in 1947, the Canadian Parliament unanimously passed a resolution supporting India’s independence, a powerful demonstration of solidarity with India's struggle for freedom.

However, relations took a turn in 2023. On one hand, Canadian Prime Minister Justin Trudeau expelled India’s top diplomat, accusing the Indian government of involvement in the killing of Hardeep Singh Nijjar, a Sikh leader, in Canada. On the other hand, India responded by suspending visa operations for Canadian citizens and ordering around 41 Canadian diplomats and their dependents to leave the country, citing Article 11.1 of the Vienna Convention. In addition, in October 2024, India has withdrawn its High Commissioner from Canada citing ‘....no faith in the current Canadian Government’s commitment to ensure their security’. Also, India has expelled 6 Canadian diplomats to leave the country. As per the official statement from Ministry of External Affairs, India has received a diplomatic communication from Canada suggesting that the Indian High Commissioner and other diplomats are ‘persons of interest’ in a matter related killing of a Khalistani figure. The Government of India has strongly rejected these claims and ascribes them to the political agenda of the Trudeau Government that is centered around vote bank politics. This escalating tension has led many to believe that Indo-Canadian relations are currently facing a challenging phase.

Vienna Convention and the Indio-Canadian Diplomatic Rift: Understanding the Legal Framework

The Vienna Convention on Diplomatic Relations is a framework for regulation, establishment, maintenance and termination of diplomatic relations among the nations. The Vienna Convention on Diplomatic Relations, is one of the most successful multilateral treaties till date. It was signed on 14th April 1961 by the United Nations Conference on Diplomatic Intercourse and Immunities held at the Neue Hofburg in Vienna, Austria. It provides the diplomats an immunity from the laws and taxes of host countries. While Canada ratified the convention in 1966 under its Foreign Missions and International Organizations Act, India acceded the convention in 1964 and enacted the Diplomatic Relations (Vienna Convention) Act, 1972 to give effect to the Vienna Convention. In the diplomatic dispute, India justified its decision to expel Canadian diplomats by invoking the principle of reciprocity or parity, seeking to balance the number of diplomats from both countries. Also, New Delhi provided adequate timeline to Ottawa to perform this task. India justified its action under article 11.1 of the convention, as per which, in the absence of any formal agreement between the two countries, the size of diplomatic mission to be kept within reasonable limits.

Despite repeated requests to Ottawa to maintain diplomatic balance, New Delhi did not resort to declaring any diplomat persona non grata (unwlecome persons), a right it could have exercised under article 9(1) which empowers a state to declare any diplomat as persona non grata without any explanation, and article 9(2) which also provides that if a sending country fails to carry forward the obligations, then the receiving state can refuse to recognise the person as a member of the mission.

In response, Canada accused India of breaching the Vienna Convention by allegedly withdrawing diplomatic immunity for approximately 40 of its diplomats and their dependents stationed in India. Furthermore, Canada raised serious allegations that India was involved in the killing of a Canadian citizen on Canadian soil, a breach of international law. Canada also argued that reducing its diplomatic presence would make it difficult to manage its High Commission in New Delhi, as well as its consulates in Bengaluru, Chandigarh, and Mumbai, with a limited number of diplomats stationed in India. Not much has changed in 2024, as senior Canadian diplomats have been asked to leave New Delhi. India has also withdrawn its six diplomats from Canada, including Sanjay Verma, High Commissioner of India to Canada.

Way Foward: Towards a Diplomatic Healing

The diplomatic row between India and Canada stem from a growing lack of political trust between the two nations. Instead of resolving issues through open talks, both countries took defensive actions, making the situation worse. The expulsion of diplomats and accusations of breaking international law have only deepened the divide. These kinds of allegations, while easy to make, can seriously harm diplomatic relations, and it’s much harder to rebuild the trust once it’s lost.

Given the large Indian diaspora in Canada, cooperation between the two countries is essential. The strong ties built over decades of shared history, trade, and migration make it crucial for both sides to restore trust and work together. Both nations need to prioritise confidence-building measures (CBMs) and open dialogue. High-level bilateral talks to address concerns especially related to national security and foreign interference are essential. A joint investigation into the allegations, possibly with international observers, could help ensure transparency and fairness. It is also important to avoid public blame and instead focus on private, and constructive discussions.

The author affirms that this article is an entirely original work, never before submitted for publication at any journal, blog or other publication avenue. Any unintentional resemblance to previously published material is purely coincidental. This article is intended solely for academic and scholarly discussion. The author takes personal responsibility for any potential infringement of intellectual property rights belonging to any individuals, organizations, governments, or institutions.

References

Media Center, Ministry of External Affairs, New Delhi

Suhasini Haidar (2024), India ‘reserves the right to take further steps’ against Canada: MEA, The Hindu

Vaibhav Tiwari (2023), Justin Trudeau says world should be worried about India's action, Hindustan TimesSuhasini Haidar

Parmjit Kaur and Tejinder Kaur (2020), Law relating to diplomatic relations with special reference to India and USA, Department of Law, Panjab University

Vienna Convention on Diplomatic Relations, 1961:

The author is a LL.B. (Hons.) student at the Amity University Punjab and, a former legal intern at the Punjab State Human Rights Commission.