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Key amendments to Canada’s criminal defence law in 2024 and 2025

By Khalid Akram ·

Law360 Canada (January 30, 2025, 10:08 AM EST) --
Khalid Akram
Canada’s legal framework is constantly evolving to address new societal challenges and technological advancements. With the rise of digital threats, concerns over foreign interference, and the need for better financial protections, the federal government has introduced significant amendments to the Criminal Code and related legislation in 2024 and 2025. These changes reflect a growing emphasis on online safety, national security and financial accountability.

For criminal defence lawyers, these changes mean new challenges and opportunities when representing clients accused under updated laws. The most notable legislative amendments include:

  • The Countering Foreign Interference Act (Bill C-70), which strengthens national security measures against foreign interference.
  • The Amendments to the Criminal Rate of Interest, which lower the cap on legal interest rates to prevent predatory lending practices.

Each of these legislative changes carries profound implications for criminal law, influencing how cases are prosecuted and defended.

Countering Foreign Interference Act (Bill C-70)

Purpose and background

Enacted on June 20, 2024, the Countering Foreign Interference Act (Bill C-70) represents a landmark update in Canada’s national security laws. This legislation is part of Canada’s broader effort to
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combat foreign interference in political and democratic processes, particularly in light of growing concerns over foreign cyber-attacks, election meddling and espionage activities.

This Act significantly expands the powers of law enforcement and intelligence agencies, introduces new criminal offences related to foreign interference and establishes a foreign agent registry to increase transparency in interactions with foreign governments.

Major provisions

Bill C-70 introduces several key legal changes that enhance Canada’s ability to counteract foreign interference. The most notable provisions include:

1. CSIS powers expansion

  • The Canadian Security Intelligence Service (CSIS) is now authorized to share intelligence outside the federal sector, allowing for better co-operation with provincial governments, private institutions and international security partners.
  • CSIS has been granted new investigative warrant authorities, enabling it to use surveillance and intelligence-gathering techniques previously limited to criminal law enforcement.
  • The new powers are intended to detect and disrupt foreign interference before it escalates into major national security threats.

2. New criminal offences for foreign interference

  • The Act introduces new offences targeting individuals or entities who secretly attempt to influence Canadian political processes at the direction of a foreign government or entity.
  • These offences apply to covert lobbying efforts, funding campaigns, and cyber operations aimed at influencing government policies or public opinion.
  • Increased penalties for foreign agents engaging in espionage, cyber-attacks, or covert propaganda to undermine Canada’s national interests.

3. Classified information protection in court proceedings

  • The Act modifies the Canada Evidence Act to establish strict procedures for handling classified information in court.
  • This measure ensures that sensitive intelligence sources and national security details are protected during criminal trials and administrative hearings.
  • It also enhances judicial review processes to prevent foreign-influenced parties from accessing classified intelligence.

4. Foreign Influence Transparency and Accountability Act (Foreign Agent Registry)

  • The government has introduced a mandatory public registry for individuals and organizations acting on behalf of foreign principals.
  • Any person lobbying, advocating, or providing services at the direction of a foreign government must register their activities under the Foreign Agent Registry.
  • Failure to comply may result in criminal charges, increasing legal scrutiny over international business relationships and diplomatic engagements.

Legal implications for defence lawyers

With the enactment of Bill C-70, criminal defence lawyers must prepare for an increased focus on national security-related prosecutions. The law brings new complexities for individuals and businesses dealing with international clients, foreign governments or foreign funding sources.

1. Increased scrutiny on individuals interacting with foreign entities

  • Journalists, business leaders, academics and activists with foreign affiliations may face heightened scrutiny, even when their activities are legitimate and legal.
  • Law enforcement agencies may conduct more extensive investigations into individuals engaged in cross-border business, lobbying or political advocacy.
  • Defence lawyers must be prepared to challenge surveillance evidence and ensure that clients’ rights are not violated under excessive state monitoring.

2. Potential rise in espionage-related prosecutions

  • With new criminal offences introduced, prosecutors will likely pursue more cases related to foreign influence, covert lobbying and political interference.
  • Defendants may face lengthy investigations and strict national security measures, making pre-trial advocacy and defence strategies more complex.
  • Defence lawyers must be well-versed in national security law, intelligence procedures and classified evidence rules to effectively represent their clients.

3. Defending clients against allegations of foreign interference

Criminal defence lawyers will need to develop robust strategies for clients accused under Bill C-70. Some potential defence approaches include:

  • Challenging the intent element: Defence teams may argue that clients were unaware of any foreign influence or that their actions did not amount to covert interference.
  • Charter challenges: Lawyers may claim that certain provisions of the Act violate the Canadian Charter of Rights and Freedoms, particularly freedom of association and expression (Section 2).
  • Lack of evidence for criminal intent: In espionage or political interference cases, the prosecution must prove beyond a reasonable doubt that the defendant knowingly acted under foreign direction — a high burden of proof.
  • Questioning the legitimacy of intelligence evidence: Defence teams may challenge classified intelligence used in trials, arguing lack of transparency, improper collection methods or unreliable sources.

This is the first part of a two-part series.

Khalid Akram, J.D., B.Sc. is the founding lawyer at Akram Law in Calgary, specializing in criminal defence. Called to the Ontario Bar in 2015 and Alberta Bar in 2023, he provides legal representation in cases involving assault, drug offences, fraud and impaired driving. Fluent in English, Urdu, Hindi, and Punjabi.

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, Law360 Canada, LexisNexis Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.   

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