Foreign Interference Inquiry: Commissioner Says Aim Is to ‘Uncover the Truth’ as Hearings Start

Commissioner Justice Marie-Josee Hogue looks around the room as she listens to counsel at the Public Inquiry Into Foreign Interference in Federal Electoral Processes and Democratic Institutions on Jan. 29, 2024 in Ottawa. Adrian Wyld/The Canadian Press

The first phase of public hearings for Canada’s inquiry into foreign interference has been launched in Ottawa with Commissioner Marie-Josée Hogue saying her goal is for the truth to be revealed.

“Our goal is to uncover the truth, whatever it may be,” said Ms. Hogue on Jan. 29, during proceedings for the “Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions.”

The commissioner, a judge from Quebec’s Court of Appeal, explained the inquiry’s mandate and its different phases on the first day of the hearing.

Ms. Hogue said that based on the testimony heard this week, the commission will work to disclose some of the information it has already received and new information that comes in. The information in many cases is state secrets which if fully disclosed could threaten operations and reveal methodologies and assets.

Those appearing in the coming days are law professors and current and former top intelligence officials. Testimony from Public Safety Minister Dominic Leblanc will close off the week.

Former Canadian Security Intelligence Service (CSIS) director Richard Fadden will testify on Jan. 31, whereas the current director of the spy agency David Vigneault will do so on Feb. 1.

The next hearings could take place around March, said the commissioner, and will focus on gathering facts about foreign interference in the 2019 and 2021 elections.

The first report of the public inquiry was initially due in February, but Commissioner Hogue requested and was granted an extension and now must deliver it on May 3. The next phase of the inquiry will look into the government’s capacity to detect and counter foreign interference. The final report is due by the end of 2024.

Pressure

Pressure to hold a public inquiry started building during winter last year after national security leaks in the press depicted widespread interference by the Chinese regime. It was reported that a Chinese spy agency was targeting MPs for their stance towards Beijing and that Prime Minister Justin Trudeau chose to ignore Chinese consular-linked irregularities in the nomination race in the Don Valley North riding.

Both cases were reviewed in the first report from former Governor General David Johnston, whom Mr. Trudeau had appointed as special rapporteur on foreign interference in March instead of calling a public inquiry.

Mr. Johnston’s impartiality, given his ties to the Trudeau Foundation and being a Trudeau family friend, was criticized by opposition parties and he resigned over the matter in June 2023. The Tories called Mr. Johnston’s report a “whitewash.”

After Mr. Johnston resigned, the Liberal government agreed to hold an inquiry and after a summer of negotiations between major parties, terms of references and a commissioner were decided.

Ms. Hogue in her opening remarks went over the events that led to the appointment of Mr. Johnston as rapporteur and noted he had concluded foreign governments had attempted to influence candidates and voters in the last elections, but that the integrity of the contests had not been compromised. She also noted Mr. Johnston had recommended against holding a public inquiry.

“There is no need to revisit the events that subsequently led to the special rapporteur’s resignation,” she said.

Concerns Over Standing

Participants in the inquiry and their respective lawyers were introduced during the first day of hearings. Those include the Canadian government, politicians, political parties, and various advocacy groups.

The commissioner has granted different levels of standing to each, with those perceived to have major interests receiving party standing. This status will allow the parties to cross-examine witnesses and also consult certain non-public documents.

Two MPs who according to Canadian intelligence have been targeted by Beijing have “party” or full standing at the inquiry: Tory Michael Chong and New Democrat Jenny Kwan.

Other politicians, who according to leaked intelligence and media reports have been involved with Beijing, have also been granted party standing, such as independent MP Han Dong and Deputy Mayor of Markham Michael Chan.

Human rights advocates have decried that the individuals allegedly involved in foreign interference were granted party standing, bringing their concerns to the commission.

Ms. Hogue rejected their concerns in a Dec. 22 decision, saying their standing should not be restricted on the “basis of allegations of possible links to or support for China or the CCP [Chinese Communist Party].”

“It is precisely because there are allegations made against Mr. Chan and Mr. Dong that it is paramount that they be afforded the full range of participatory rights and protections, including the ability to cross-examine other witnesses when affected by their evidence,” she wrote.

Different groups persecuted by the Chinese regime are being represented at the inquiry by the Human Rights Coalition. The Globe and Mail reports that some of the groups are now considering pulling out due to Mr. Chan and Mr. Dong’s party standing.