CSIS Had to Make Public Safety Minister ‘Comfortable’ With Wiretap of Ontario Politician: Deputy Minister

Rob Stewart (L), former deputy minister of public safety, and Dominic Rochon, a former senior official at Public Safety Canada, appear as witnesses at the Foreign Interference Commission in Ottawa on Oct. 8, 2024. Justin Tang/The Canadian Press

The Canadian Security Intelligence Service (CSIS) had to make then-Public Safety Minister Bill Blair feel “comfortable” with a request for surveillance powers on an Ontario politician, a former top Public Safety official told the Foreign Interference Commission.

The commission has been probing why it took Blair 54 days to approve the 2021 warrant application against a subject whose identity was not revealed during proceedings.

Past intelligence leaks and related comments by Blair to the inquiry in April identify the subject as current Markham deputy mayor and former Ontario Liberal cabinet minister Michael Chan. Chan recently praised the Chinese Communist Party’s rule over China to mark the 75th anniversary of the communist takeover.

Rob Stewart, who served as Blair’s deputy when he was minister of public safety, testified at the inquiry on Oct. 8 about the warrant approval process. He said it usually takes between four and 10 days for the minister to approve a warrant application before it goes to a judge for review.

Stewart, who had signed off on the warrant application before sending it to Blair’s office, told the inquiry he had not sought nor was he given an explanation as to why Blair’s approval of the warrant had been delayed.

“We left the management of the process to the minister’s office and CSIS,” he said, adding “it goes dark for us” after the warrant is sent to the minister.

In a summary of Stewart’s behind-closed-doors examination with the commission, Stewart appears to be suggesting that there was a sense of unease toward the warrant by Blair and his office.

“It would have taken CSIS some time to get the Minister and his staff comfortable with this particular warrant,” testified Stewart, who is currently the deputy minister of international trade.

Stewart also “surmised that questions would probably have been asked about certain processes related to the execution of the warrant” on Michael Chan. Security agencies seek judicial authorization to use intrusive powers, such as intercepting communications, to conduct sensitive investigations.

Chan has not been returning requests for comment. He previously told The Globe and Mail that CSIS has “never discussed their concerns with me but continues to unjustifiably harass, intimidate, threaten, and frighten my friends and acquaintances.”

List of Names

Gib van Ert, counsel for Conservative MP Michael Chong, asked Stewart why he said the minister needed to be made “comfortable” regarding the Chan warrant. Van Ert asked whether it related to the warrant’s section containing a list of names of individuals whose communications could be intercepted incidentally because of their interactions with Chan. The recorded names are referred to as the “Vanweenan list.”

“That is generally a concern of the minister’s office,” said Stewart without addressing the specific question. “I am really not in a position to be able to discuss the substance of the warrant with you.”

Former CSIS deputy director of operations Michelle Tessier told the inquiry in late September that a meeting about the warrant had taken place with Blair’s chief of staff, Zita Astravas, two weeks after the agency had sent the warrant to Blair for approval. The commission did not discuss the issue of the Vanweenan list with Tessier.

Stewart and Dominic Rochon, former senior assistant deputy minister of public safety, told the inquiry they were both unaware at the time that the meeting had taken place.

Sujit Choudhry, counsel for NDP MP Jenny Kwan, asked Stewart and Rochon if they knew whether the meeting was about the list of individuals whose communications might be intercepted under the warrant.

Rochon said that Astravas’s testimony, which has yet to be made public at the inquiry, “read that the chief of staff [Astravas] sought clarification in general about the Vanweenan process.”

Stewart and Rochon said they were both unaware of any chief of staff of a public safety minister ever requesting to meet with CSIS about the Vanweenan list.

“I do know that ministers’ offices frequently asked me and my staff about the understanding of what this additional annex to a warrant was,” said Rochon. “So it’s not a surprise to me that to hear that there would have been clarification sought.”

Tessier testified at the inquiry there had been no indication during the meeting with Astravas that she “would not put the warrant application to the minister until CSIS had answered her questions.” The former CSIS top official said the delay in approval had left operational staff ”very frustrated.”

Blair has previously said he had signed the warrant on the same day it was presented to him. The minister is set to testify at the inquiry on Oct. 11. His chief of staff Astravas is slated to testify on Oct. 9.