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The foreign interference inquiry starts today with a big question — how much must it keep secret?

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The independent inquiry into foreign electoral interference begins public hearings today. Its first item of business is working out what it can — and can’t — talk about publicly.

The inquiry — officially the “Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions” — was triggered by media reports last year which, citing unnamed security sources and classified documents, accused China of interfering in the 2019 and 2021 federal elections.

Commissioner Justice Marie-Josée Hogue has been asked to investigate the extent to which China, Russia and other nations interfered in those elections, and how information about foreign interference flowed within the federal government. Just last week, the commission asked Prime Minister Justin Trudeau’s government to share information about possible meddling in elections by India.

But before the inquiry team can dig into the core issues, it first needs to decide how it can share national security information with the public when classified documents and sources are involved.

The preliminary hearings, which run Monday to Friday, will probe “the challenges, limitations and potential adverse impacts associated with the disclosure of classified national security information and intelligence to the public.”

“This is one of the biggest challenges that the Commission will face,” Hogue said in a media statement last week.

The inquiry will hear this week from Canadian Security Intelligence Service (CSIS) Director David Vigneault and Public Safety Minister Dominic LeBlanc, along with national security lawyers.

Stephanie Carvin, a professor of international relations at Carleton University and a former national security analyst with CSIS, said the first week will be all about setting ground rules for dealing with sensitive issues and testimony.

Justice Marie-Josée Hogue of the Quebec Court of Appeal has rejected some appeals of her decisions on standing in the foreign interference inquiry. (Université de Sherbrooke)

Despite some of the legal barriers surrounding classified information, she said, CSIS has an opportunity here to be more candid with Canadians about the threat.

“This is a very big public forum to make a very definitive statement about the situation in Canada. There is an opportunity here for the service to put its case forward,” she said.

“Whether or not the service will take the opportunity to do so is questionable. They’re not comfortable in these environments, just to put it mildly.”

Inquiry will dig into the big picture in March

Through March, the commission will address the extent to which foreign interference occurred in past elections.

Carvin said Hogue has to create an environment where victims of foreign interference feel they can come forward without facing retaliation. CSIS says Chinese government officials have sought to threaten and intimidate Chinese Canadians and permanent residents to keep them from cooperating with the commission.

“My hope is that the victims will be heard,” said Carvin. “For too long, we’ve looked at foreign interference as a non-Canadian problem. We’ve looked at this as an overseas problem, or as an issue that doesn’t impact Canadians. But these are our neighbours.”

David Vigneault, Director of the Canadian Security Intelligence Service (CSIS), prepares to appear before the Standing Committee on Procedure and House Affairs (PROC), studying the intimidation campaign against Members of Parliament, on Parliament Hill in Ottawa, on Tuesday, June 13, 2023.
David Vigneault, director of the Canadian Security Intelligence Service (CSIS), prepares to appear before the Standing Committee on Procedure and House Affairs. Vigneault will testify this week as the inquiry decides what it can discuss in the open. (Justin Tang/The Canadian Press)

The road to an inquiry has been long and contentious.

The government initially resisted opposition pressure to call an inquiry and instead asked special rapporteur on foreign interference David Johnston to investigate the issues and decide whether an inquiry was needed.

The former governor general concluded that foreign governments are attempting to influence Canadian politics but recommended against an inquiry, arguing that much of the classified information he had reviewed would need to remain secret.

Opposition parties were outraged by Johnston’s conclusion. The NDP tabled a motion in the House of Commons calling for his resignation. The motion passed with the support of the Conservatives and Bloc Québécois; both of those parties had questioned Johnston’s impartiality in the past.

Johnston resigned the position in June, saying his role had become too muddled in political controversy for him to continue.

Opposition MPs then argued that a public inquiry into foreign interference would be the only way to maintain Canadians’ confidence in the electoral system.

Clashes over party status

The inquiry is still mired in controversy, calling into question what it can expect to achieve.

In December, Hogue turned down a plea by a coalition of human rights groups to limit the standing of three men accused of having ties to the Chinese government.

The Human Rights Coalition opposed granting full standing to independent MP Han Dong — a former Liberal MP — Markham’s deputy mayor Michael Chan and Sen. Yuen Pau Woo, arguing their “possible links and support for the Chinese Communist Party (CCP)” disqualified them.

Hogue wrote in response that she “cannot make findings of fact or jump to conclusions before hearing the evidence.” The men have denied the allegations.

Carvin said she shares the coalition’s fear that the presence of the three men could undermine the inquiry’s work.

“Will they be cross-examining victims of foreign interference? That’s a real concern,” she said.

Hogue also rejected the Conservative Party’s request for full standing and instead granted them intervener status.

In a statement, the Conservative Party called Hogue’s decision “deeply concerning” and said it “undermines the credibility of the entire process.”

Conservative MP and foreign affairs critic Michael Chong, himself a target of an interference campaign, does have full standing in the inquiry. The NDP also gained intervener status, while NDP MP Jenny Kwan — who says CSIS has told her she has been targeted by the Chinese government — has full party status in the inquiry.

Hogue’s interim report is due May 3 and her final report is due by the end of the year.

 

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Review finds no case for formal probe of Beijing’s activities under elections law

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OTTAWA – The federal agency that investigates election infractions found insufficient evidence to support suggestions Beijing wielded undue influence against the Conservatives in the Vancouver area during the 2021 general election.

The Commissioner of Canada Elections’ recently completed review of the lingering issue was tabled Tuesday at a federal inquiry into foreign interference.

The review focused on the unsuccessful campaign of Conservative candidate Kenny Chiu in the riding of Steveston-Richmond East and the party’s larger efforts in the Vancouver area.

It says the evidence uncovered did not trigger the threshold to initiate a formal investigation under the Canada Elections Act.

Investigators therefore recommended that the review be concluded.

A summary of the review results was shared with the Canadian Security Intelligence Service and the RCMP. The review says both agencies indicated the election commissioner’s findings were consistent with their own understanding of the situation.

During the exercise, the commissioner’s investigators met with Chinese Canadian residents of Chiu’s riding and surrounding ones.

They were told of an extensive network of Chinese Canadian associations, businesses and media organizations that offers the diaspora a lifestyle that mirrors that of China in many ways.

“Further, this diaspora has continuing and extensive commercial, social and familial relations with China,” the review says.

Some interviewees reported that this “has created aspects of a parallel society involving many Chinese Canadians in the Lower Mainland area, which includes concerted support, direction and control by individuals from or involved with China’s Vancouver consulate and the United Front Work Department (UFWD) in China.”

Investigators were also made aware of members of three Chinese Canadian associations, as well as others, who were alleged to have used their positions to influence the choice of Chinese Canadian voters during the 2021 election in a direction favourable to the interests of Beijing, the review says.

These efforts were sparked by elements of the Conservative party’s election platform and by actions and statements by Chiu “that were leveraged to bolster claims that both the platform and Chiu were anti-China and were encouraging anti-Chinese discrimination and racism.”

These messages were amplified through repetition in social media, chat groups and posts, as well as in Chinese in online, print and radio media throughout the Vancouver area.

Upon examination, the messages “were found to not be in contravention” of the Canada Elections Act, says the review, citing the Supreme Court of Canada’s position that the concept of uninhibited speech permeates all truly democratic societies and institutions.

The review says the effectiveness of the anti-Conservative, anti-Chiu campaigns was enhanced by circumstances “unique to the Chinese diaspora and the assertive nature of Chinese government interests.”

It notes the election was prefaced by statements from China’s ambassador to Canada and the Vancouver consul general as well as articles published or broadcast in Beijing-controlled Chinese Canadian media entities.

“According to Chinese Canadian interview subjects, this invoked a widespread fear amongst electors, described as a fear of retributive measures from Chinese authorities should a (Conservative) government be elected.”

This included the possibility that Chinese authorities could interfere with travel to and from China, as well as measures being taken against family members or business interests in China, the review says.

“Several Chinese Canadian interview subjects were of the view that Chinese authorities could exercise such retributive measures, and that this fear was most acute with Chinese Canadian electors from mainland China. One said ‘everybody understands’ the need to only say nice things about China.”

However, no interview subject was willing to name electors who were directly affected by the anti-Tory campaign, nor community leaders who claimed to speak on a voter’s behalf.

Several weeks of public inquiry hearings will focus on the capacity of federal agencies to detect, deter and counter foreign meddling.

In other testimony Tuesday, Conservative MP Garnett Genuis told the inquiry that parliamentarians who were targeted by Chinese hackers could have taken immediate protective steps if they had been informed sooner.

It emerged earlier this year that in 2021 some MPs and senators faced cyberattacks from the hackers because of their involvement with the Inter-Parliamentary Alliance on China, which pushes for accountability from Beijing.

In 2022, U.S. authorities apparently informed the Canadian government of the attacks, and it in turn advised parliamentary IT officials — but not individual MPs.

Genuis, a Canadian co-chair of the inter-parliamentary alliance, told the inquiry Tuesday that it remains mysterious to him why he wasn’t informed about the attacks sooner.

Liberal MP John McKay, also a Canadian co-chair of the alliance, said there should be a clear protocol for advising parliamentarians of cyberthreats.

This report by The Canadian Press was first published Sept. 17, 2024.

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NDP beat Conservatives in federal byelection in Winnipeg

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WINNIPEG – The federal New Democrats have kept a longtime stronghold in the Elmwood-Transcona riding in Winnipeg.

The NDP’s Leila Dance won a close battle over Conservative candidate Colin Reynolds, and says the community has spoken in favour of priorities such as health care and the cost of living.

Elmwood-Transcona has elected a New Democrat in every election except one since the riding was formed in 1988.

The seat became open after three-term member of Parliament Daniel Blaikie resigned in March to take a job with the Manitoba government.

A political analyst the NDP is likely relieved to have kept the seat in what has been one of their strongest urban areas.

Christopher Adams, an adjunct professor of political studies at the University of Manitoba, says NDP Leader Jagmeet Singh worked hard to keep the seat in a tight race.

“He made a number of visits to Winnipeg, so if they had lost this riding it would have been disastrous for the NDP,” Adams said.

The strong Conservative showing should put wind in that party’s sails, Adams added, as their percentage of the popular vote in Elmwood-Transcona jumped sharply from the 2021 election.

“Even though the Conservatives lost this (byelection), they should walk away from it feeling pretty good.”

Dance told reporters Monday night she wants to focus on issues such as the cost of living while working in Ottawa.

“We used to be able to buy a cart of groceries for a hundred dollars and now it’s two small bags. That is something that will affect everyone in this riding,” Dance said.

Liberal candidate Ian MacIntyre placed a distant third,

This report by The Canadian Press was first published Sept. 16, 2024

The Canadian Press. All rights reserved.

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Trudeau says ‘all sorts of reflections’ for Liberals after loss of second stronghold

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OTTAWA – Prime Minister Justin Trudeau say the Liberals have “all sorts of reflections” to make after losing a second stronghold in a byelection in Montreal Monday night.

His comments come as the Liberal cabinet gathers for its first regularly scheduled meeting of the fall sitting of Parliament, which began Monday.

Trudeau’s Liberals were hopeful they could retain the Montreal riding of LaSalle—Émard—Verdun, but those hopes were dashed after the Bloc Québécois won it in an extremely tight three-way race with the NDP.

Louis-Philippe Sauvé, an administrator at the Institute for Research in Contemporary Economics, beat Liberal candidate Laura Palestini by less than 250 votes. The NDP finished about 600 votes back of the winner.

It is the second time in three months that Trudeau’s party lost a stronghold in a byelection. In June, the Conservatives defeated the Liberals narrowly in Toronto-St. Paul’s.

The Liberals won every seat in Toronto and almost every seat on the Island of Montreal in the last election, and losing a seat in both places has laid bare just how low the party has fallen in the polls.

“Obviously, it would have been nicer to be able to win and hold (the Montreal riding), but there’s more work to do and we’re going to stay focused on doing it,” Trudeau told reporters ahead of this morning’s cabinet meeting.

When asked what went wrong for his party, Trudeau responded “I think there’s all sorts of reflections to take on that.”

In French, he would not say if this result puts his leadership in question, instead saying his team has lots of work to do.

Bloc leader Yves-François Blanchet will hold a press conference this morning, but has already said the results are significant for his party.

“The victory is historic and all of Quebec will speak with a stronger voice in Ottawa,” Blanchet wrote on X, shortly after the winner was declared.

NDP Leader Jagmeet Singh and his party had hoped to ride to a win in Montreal on the popularity of their candidate, city councillor Craig Sauvé, and use it to further their goal of replacing the Liberals as the chief alternative to the Conservatives.

The NDP did hold on to a seat in Winnipeg in a tight race with the Conservatives, but the results in Elmwood-Transcona Monday were far tighter than in the last several elections. NDP candidate Leila Dance defeated Conservative Colin Reynolds by about 1,200 votes.

Singh called it a “big victory.”

“Our movement is growing — and we’re going to keep working for Canadians and building that movement to stop Conservative cuts before they start,” he said on social media.

“Big corporations have had their governments. It’s the people’s time.”

New Democrats recently pulled out of their political pact with the government in a bid to distance themselves from the Liberals, making the prospects of a snap election far more likely.

Trudeau attempted to calm his caucus at their fall retreat in Nanaimo, B.C, last week, and brought former Bank of Canada governor Mark Carney on as an economic adviser in a bid to shore up some credibility with voters.

The latest byelection loss will put more pressure on him as leader, with many polls suggesting voter anger is more directed at Trudeau himself than at Liberal policies.

This report by The Canadian Press was first published Sept. 17, 2024.

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