A Canadian businessman has filed a lawsuit against the Ontario Securities Commission (OSC), claiming that the regulator violated his Charter rights by co-operating with Chinese authorities in an investigation that resulted in the freezing of his assets. Mr. Gong, who has Canadian citizenship after renouncing his Chinese citizenship, alleges that the OSC shared evidence obtained through forced confessions and extortion from suspects arrested in China, without properly assessing the legality and reliability of the evidence. Gong further claims that the OSC’s actions put his safety at risk by alerting Chinese police to his possible presence in China, where he could face mistreatment, including torture and death.
The lawsuit, filed by Mr. Gong, highlights the issue of foreign interference, particularly from China, in Canadian politics. Gong’s lawyer, Joel Etienne, argues that his client was targeted by Chinese authorities due to his success in Canada without relying on the Chinese Communist Party. Etienne claims that Gong’s case reveals the extent of Chinese influence in Canada, beyond just election meddling.
Gong, who was known for his successful health supplement business, hotels, and television station in Canada, alleges that the OSC treated him as though he belonged to China, rather than recognizing his rights as a Canadian citizen. The lawsuit raises important questions about the balance between international co-operation in investigations and the protection of the rights and safety of Canadian citizens, especially when dealing with countries with different human rights standards and legal systems.
The OSC has not commented on the lawsuit, as the matter is before the court, and has yet to file a statement of defense. Gong’s lawsuit seeks damages for violations of his Charter rights and alleged negligence on the part of the OSC in co-operating with Chinese authorities. The outcome of this case could have significant implications for future cases involving international co-operation between Canadian regulators and foreign authorities.
The issue of foreign interference, particularly from China, has been a topic of concern in Canada, and Gong’s lawsuit against the OSC adds to the ongoing debate on how to effectively balance international co-operation in investigations with safeguarding the rights and safety of Canadian citizens. The outcome of this case will be closely watched, as it could set a precedent for similar cases in the future and impact the relationship between Canadian regulators and foreign authorities.