The case centres on Yuekang Li's visa application to study at the University of Waterloo and take his knowledge back to China to improve its public health system. Federal Court Chief Justice Paul Crampton ruled Li's proposal falls under the definition of "non-traditional" espionage.

"As hostile state actors increasingly make use of non-traditional methods to obtain sensitive information in Canada or abroad, contrary to Canada's interests, the court's appreciation of what constitutes 'espionage' must evolve," he wrote in his December 22 decision, made public this week.

Margaret McCuaig-Johnston, a board member with the China Strategic Risks Institute think-tank, said she expects to see more such rulings in future.