As the federal committee on foreign interference resumed after a summer break, the commissioner set the tone for how the inquiry would treat elected officials accused of wittingly aiding foreign governments.
The federal inquiry into foreign interference in federal electoral processes returned Monday as parliamentarians resumed their duties in the House of Commons. Justice Marie Hogue, the head of the inquiry, announced that she would not publicly release the names of individuals accused of acting as agents for foreign nations by the separate National Security and Intelligence Committee of Parliamentarians.
“I want to say from the outset that I will not be publicly identifying parliamentarians whom NSICOP suspect in having participated in foreign interference activities or of having acted wittingly or unwittingly as agents of a foreign state,” Hogue said at the hearing.
In June, the federal government announced that it would not release the names of MPs who were accused of “wittingly” assisting foreign state actors by the non-partisan NSICOP report.
In one case, the report accused an unnamed MP of giving classified information to a known foreign intelligence officer.
The report found that foreign interference in the last few elections in Canada came primarily from China and India.
Hogue said to release the names of the MPs accused of being foreign agents would undermine the legal processes in Canada.
“Canada is a state governed by the rule of law which recognizes and protects the fundamental rights of every individual, including the right to defend oneself against charges and accusations fully,” she said.
She said the Inquiries Act prevents the commission from attributing an “adverse finding” against a person without allowing that person to defend themselves.
She noted that the allegations against MPs who allegedly helped foreign nations interfere voluntarily in Canadian democracy are based on classified information. In other words, to publicly announce the names would expose the secret and confidential information that led to the accusations in the first place.
“The commission can neither make them public nor even disclose them to the persons who might be the subject of these allegations,” Hogue said. “The commission will therefore be incapable of affording these people a meaningful opportunity to defend themselves.”
Hogue indicated that the accusations would not be ignored by the commission, however.
“The Commission intends to address these allegations in the classified version of its final report and make recommendations as required by its terms of reference,” she said. “The Commission will carry out its duties in such a way as not to jeopardize any other investigation or proceeding, whether ongoing or forthcoming.”
The leaders of political parties in the House of Commons can view the classified version of the NSICOP report. And all party leaders received security clearance except for Conservative leader Pierre Poilievre.
Poilievre opted not to read the report, saying if he did, he would be sworn to secrecy and unable to share his findings with the Canadian public anyway. The Conservative Party has called on the government to release the names of MPs accused of foreign interference before the next federal election.
NDP leader Jagmeet Singh read the NSICOP report and said it explicitly outlines that some MPs knowingly participated in foreign interference. After reading the report herself, the Green leader, Elizabeth May, said there was no list of treacherous MPs and that the media exaggerated the allegations.
A July Nanos poll found that 65% of Canadians believe the government should release the list of MPs suspected of collaborating with foreign governments. An Angus Reid survey in June found that 69% of the respondents felt that the names should be released.
