Commissioner Rejects Tories’ Appeal on Foreign Interference Probe, Dismisses Human Rights Group’s Concerns

Conservative Leader Pierre Poilievre speaks to reporters in the foyer of the House of Commons on Parliament Hill in Ottawa on Sept. 19, 2023. The Canadian Press/Sean Kilpatrick

Foreign interference inquiry commissioner Marie-Josée Hogue has rejected the Conservatives’ appeal requesting full standing in the upcoming public inquiry examining China’s election interference in Canada. She also dismissed concerns from a human rights coalition about granting standing to three individuals accused of ties to the Chinese regime.

In a Dec. 22 decision, Justice Hogue maintained her previous decision on Dec. 4 to grant limited standing to the Conservative Party of Canada (CPC), saying they could participate as an intervener. The Conservatives had said that merely having intervener status compromises the credibility of the inquiry, as it prevents them from questioning witnesses in the factual phase and denies them access to non-public information.

“I concluded that the CPC has a direct and substantial interest in the work of the Commission, but that this interest is of a general nature only,” Justice Hogue wrote. Additionally, she expressed the belief that the CPC wouldn’t need to cross-examine witnesses or access non-public documents to make its “necessary contribution” to the inquiry.

The Government of Canada has been granted “full participation rights” in the inquiry, and the Conservatives argued that it is unfair to deny them full standing while granting it to the Liberal Party.

Justice Hogue defended her decision, saying her “Terms of Reference concern the conduct of the Government of Canada rather than that of the Liberal Party.”

The Conservatives maintain the decision to deny them full standing “ruins” the inquiry’s credibility.

“Justin Trudeau will have government lawyers with full standing that represent his party’s interests. No other political party will have the same participation rights,” the CPC said on social media on Dec. 22.

“The Conservative Party was the prime victim of foreign interference in the previous elections according to leaked documents. Excluding the Conservative Party from having full standing on the impact of foreign interference while allowing the Trudeau government to participate fully makes the result of the commission beyond repair.”

Initially mandated to submit its first report by Feb. 29, 2024, the commission has requested an extension to May 3, 2024. According to a Dec. 22 news release, this is to allow enough time for public processes and hearings on substantive issues. The commission also said it plans to conduct the two stages of the inquiry concurrently, allowing an extension for the first report without affecting the ultimate deadline of Dec. 31, 2024, for the second and final report.

The inquiry’s first public hearings will take place over a period of five days beginning on Jan. 29, 2024.

Human Rights Coalition

Justice Hogue has extended full standing to MP Han Dong and Markham, Ont., deputy mayor Michael Chan, a former Ontario cabinet minister with the provincial Liberal government. The two are central to allegations surrounding China’s interference in Canada’s 2019 and 2021 federal elections, which led to the launch of the public inquiry. Mr. Dong and Mr. Chan have both denied allegations of inappropriate ties to the Chinese Consulate in Canada.

Meanwhile, five out of a coalition of eight human rights advocacy groups, collectively referred to as the Human Rights Coalition, which has standing in the inquiry, have urged Justice Hogue to reconsider her decision to grant full standing to Mr. Dong and Mr. Chan and intervener status to Sen. Yuen Pau Woo. The coalition expressed concerns about their possible links to and support for the Chinese Communist Party (CCP).

The coalition seeks to limit Mr. Chan and Mr. Dong’s standing in the factual phase of the inquiry to the allegations of Chinese interference in the 2019 and 2021 general elections. This includes denying them access to other witnesses’ testimony, limiting their ability to interrogate witnesses, and barring participation in hearings beyond the specified allegations. Regarding Mr. Woo, Justice Hogue noted that while the coalition didn’t specify its desired recourse, it implied a call for the revocation of his intervener standing.

Justice Hogue acknowledged the coalition’s claim that certain individuals expressed “concerns about being questioned by Mr. Dong and Mr. Chan,” but stuck to her decision.

“These concerns are important, but they are addressed through procedures set out in the Commission’s Rules of Procedure and do not warrant reconsideration of the Decision on Standing,” she wrote.

She noted that since the commission is an “independent and impartial body,” it should not limit the standing of Mr. Chan, Mr. Dong, or Sen. Woo based on allegations of potential links to or support for China or the CCP. She added that the commissioner cannot make findings of fact or draw conclusions before hearing the evidence.

Mehmet Tohti, executive director of the Uyghur Rights Advocacy Project, said in a Dec. 22 post on X that individuals accused of affiliations with the CCP “should be at the hot seat to be questioned,” not the other way around.

“If judge expects us, as a witness, to be examined or cross examined by those 3 individuals who are allegedly tied up with CCP regime, she has no idea on the essence of this matter,” Mr. Tohti wrote.

Addressing potential concerns from victims and witnesses, Justice Hogue said the commission’s Rules of Practice provide a mechanism for witnesses to apply for alternative evidence presentation if they are concerned about retribution or reprisal.

Allegations

Mr. Dong resigned from the Liberal caucus to sit as an Independent MP in March after a Global News report, citing anonymous national security sources, accused him of inappropriate ties to the Chinese Consulate in Toronto.

The report said that in February 2021, Mr. Dong allegedly advised Han Tao, then-Chinese consul general in Toronto, that Beijing should delay releasing Canadians Michael Kovrig and Michael Spavor, who had been arbitrarily imprisoned in China for over two years at the time. Mr. Dong rejected the allegations and started legal proceedings against Global News in April.

Mr. Chan also faces allegations of engaging in improper activities related to the 2019 and 2021 general elections.

In February, The Globe and Mail, citing national security sources, reported that Canadian intelligence had warned Prime Minister Justin Trudeau and senior aides in 2021 about Mr. Chan’s alleged engagement with Zhao Wei, an official with the Chinese Consulate in Toronto. Mr. Zhao was expelled in May over his alleged attempt to intimidate Conservative MP Michael Chong for criticizing Beijing’s treatment of Uyghurs. Mr. Chan denies the allegations.

In a previous interview with The Epoch Times, Gloria Fung, president of Canada-Hong Kong Link and a Human Rights Coalition member, expressed concerns about Mr. Woo’s perceived pro-Beijing remarks and actions.

Mr. Woo drafted a citizen petition against a foreign agent registry earlier this year and led a Parliament Hill protest in June, ostensibly against anti-Chinese racism but also opposing the registry. On Dec. 1, he attended a press conference supporting two Quebec organizations that are threatening to sue the RCMP. The organizations are currently under investigation for allegedly operating as secret Chinese police stations.

Mr. Dong and Mr. Chan didn’t respond to inquiries from The Epoch Times. In a Dec. 13 response to inquiries regarding concerns raised by the human rights advocacy group, Mr. Woo told The Epoch Times, “Those who have expressed concern about my participation should spell out publicly what specifically they object to.”