Toronto/New Delhi: India on Friday asserted that its action to ensure parity in diplomatic presence with Canada is in line with the Vienna Convention, rejecting Ottawa’s contention that the move for withdrawal of 41 Canadian diplomats amounted to a violation of international norms.

The Canadian government said late on Thursday that 41 diplomats and 42 dependents had left India a day before the deadline set by New Delhi for their withdrawal, failing which they would lose their diplomatic immunity. Canada’s foreign minister Mélanie Joly said the “unilateral revocation” of diplomatic immunities was contrary to international law and a “clear violation” of the Vienna Convention on Diplomatic Relations.

Hours later, the external affairs ministry rejected Joly’s characterisation of the move for parity in diplomatic presence, which was put in motion after a diplomatic row erupted over Canadian Prime Minister Justin Trudeau’s allegation that Indian government agents were linked to the killing of Khalistani leader Hardeep Singh Nijjar in Surrey town in June.

“We reject any attempt to portray the implementation of parity as a violation of international norms,” the ministry said in a statement. Parity in diplomatic presence was warranted by the state of bilateral relations, the “much higher number” of Canadian diplomats in India and “their continued interference in our internal affairs”, the ministry said.

The Indian side defended its actions for diplomatic parity by saying they are fully consistent with Article 11.1 of the Vienna Convention. This article states: “In the absence of specific agreement as to the size of the mission, the receiving State may require that the size of a mission be kept within limits considered by it to be reasonable and normal, having regard to circumstances and conditions in the receiving State and to the needs of the particular mission.”

India had been engaged with the Canadian side over the past month to work out details and modalities for implementing the parity, the ministry said in reference to consultations between the two sides on the issue.

Relations between India and Canada, which have strained for the past few years, went into free fall after Trudeau made the explosive allegation in Canada’s Parliament on September 18 that there was a potential link between Indian agents and the killing of Nijjar, designated a terrorist by India. India rejected the accusation as “absurd”. Both sides expelled a senior diplomat each and India subsequently suspended visa operations for Canadian citizens before seeking parity in diplomatic presence.

Besides the high commission in New Delhi, Canada has three consulates and eight trade offices across the country. In contrast, India has the high commission and two consulates in Canada, and no trade offices. India has 21 diplomats in Canada, while there were 62 Canadian diplomats in the country before the departure of the 41 who were withdrawn.

Addressing a news conference along with immigration minister Marc Miller in Ottawa, Joly said: “I can confirm that India has formally conveyed its plan to unilaterally remove diplomatic immunities for all but 21 Canadian diplomats and dependents in Delhi by…October 20.”

She added, “Given the implications of India’s actions on the safety of our diplomats, we have facilitated their safe departure from India. This means that our diplomats and their families have now left and are on their way home.”

A statement from Canada’s foreign ministry quoted Joly as saying that India had accredited each of the Canadian diplomats “they are now expelling” and these officials were “carrying out their duties in good faith”.

The original deadline for the drawdown of the Canadian diplomats in India was October 10, but Ottawa had let it elapse while engaging in private negotiations. People familiar with the matter said the negotiations had ultimately boiled down to a matter of which side would blink first as the Indian side had refused to back down.

Joly also described India’s actions as “unreasonable and escalatory” but said that Canada “will not reciprocate”. Canada will continue to engage with India, she said, adding: “Now more than ever, we need to have diplomats on the ground and we need to talk to one another.”

She further said, “Canada will continue to defend international law, which applies equally to all states. Canada will continue to engage India and remains committed to dialogue as we move forward.”

The Canadian side will now have to “pause” in-person services at its consulates in Chandigarh, Bengaluru and Mumbai, but those needing consular assistance can reach out by email or phone or visit the high commission in New Delhi. “The lower numbers of staff will have short-term repercussions, and I believe medium-term as well,” Miller said.

India was the top source of permanent residents, temporary foreign workers and international students in Canada in 2022. Miller said Canada will continue to welcome Indian immigrants but the reduced staff will lead to slower processing of visa applications.

In a background briefing with reporters, a Canadian government official said the immigration and visa programme will be “severely curtailed”. The reduction in staff will mean a backlog of 17,500 application decisions by the end of December, though it is hoped processing will return to normal by early 2024, another official said. Both spoke on condition of anonymity.

Canada’s foreign ministry said Immigration, Refugees and Citizenship Canada (IRCC) will continue to accept and process applications from India. Since certain application requirements need to be completed locally or on-site, the reduction in staff will affect service standards for Indian nationals.

Five IRCC staff will remain in India and focus on work that requires in­-country presence, such as urgent processing, visa printing, risk assessment and overseeing key partners, including visa application centres, panel physicians and clinics that perform immigration medical exams. The rest of the work will be reassigned across its global processing network.

According to data from IRCC, Indians accounted for 185,065 of the 463,910 study permits issued to international students in 2023. This year’s total figure was set to surpass the record set in 2022, when Indians accounted for 225,875 of the 548955 student visas granted.

According to IRCC figures, 431,645 permanent residents were admitted in 2021, and India was the top source country with 127,933. Canada also attracts thousands of temporary workers from India annually.

Joly also said India’s decision won’t distract from Canada’s “legitimate investigation” into the killing of Nijjar. Canada’s priorities continue to be the pursuit of truth, protection of Canadians and defence of the country’s sovereignty. In this context, Joly reiterated Canada’s call for India to cooperate in the investigation.

Members of the Canadian government spoke with Indian counterparts and held several meetings to discuss the killing of Nijjar and Trudeau’s allegation in Parliament was “no surprise”, Joly said. The two sides had “numerous conversations” and Indian officials were made aware of the “credible allegations”, she added.