Two key individuals accused of being involved in Chinese interference were granted full standing, which will allow them to probe witnesses in the inquiry.
Canada’s public inquiry into foreign interference, launched after widespread allegations of Beijing’s election meddling, has already met with criticism as the appointed judge is set to outline findings early in the new year.
The public inquiry will
unfold in two phases: the first commencing in early 2024 and the second in the fall. An initial report is due by Feb. 29, 2024, with the final report expected by Dec. 31, 2024.
The initial phase will focus on scrutinizing alleged interference by China and other malign foreign actors that may have influenced Canada’s 2019 and 2021 federal elections. In the second phase, the inquiry will look at potential government measures to detect and counter such interference.
In September, Quebec Court of Appeal Justice Marie-Josée Hogue was selected to
lead the inquiry, officially beginning her duties on Sept. 18.
The commission has since assembled a
counsel team, with Shantona Chaudhury as the lead counsel. Ms. Chaudhury previously served as co-lead counsel for the Public Order Emergency Commission, spending weeks questioning witnesses in open hearings, including Prime Minister Justin Trudeau, between October and December 2022.
Decision for Standing
On Nov. 10, the Foreign Interference Commission issued a
call for applications for standing at the upcoming inquiry, providing a brief 12-day window for interested parties to apply. As outlined in the commission news release, applicants were asked to “demonstrate a direct and substantial interest in the subject matter of the inquiry in their application.”
On Dec. 4, Ms. Hogue
rendered her
decision on the 55 applications received from organizations, academics, individual citizens, politicians, and political parties.
She granted standing to applicants in three categories: those with “full participation rights, including the right to access certain non-public documents and to question witnesses” in the factual inquiry; interveners, allowed to make submissions and access copies of exhibits entered into evidence during the public hearings; and a third group with standing in the policy phase of the inquiry.
Following the withdrawal of four applications, 22 groups and individuals were granted either full standing or intervener standing either as part of the inquiry’s factual phase or policy phase or both.
The federal government was granted full standing in the factual phase of the inquiry and standing in the policy phrase as well.
Others among the nine participants granted full standing in the factual phase include two key individuals accused of being involved in Chinese interference: former Liberal MP Han Dong and Michael Chan, the deputy mayor of Markham, Ontario.
Mr. Dong
resigned from the Liberal caucus to sit as an Independent MP in March after a
Global News article, citing anonymous national security sources, accused him of inappropriate ties to the Chinese consulate.
Mr. Chan, a former Ontario cabinet minister,
faces allegations of engaging in improper activities related to the 2019 and 2021 general elections. A Feb. 13
Globe and Mail article, citing national security sources, reported that Mr. Trudeau and senior aides were warned on at least two occasions that MPs should exercise caution in their political dealings with Mr. Chan due to his alleged ties to China’s consulate in Toronto.
A “Media Coalition” was granted standing in the factual phase only for the portion focused on identifying “challenges, limitations and potential adverse impacts associated with the disclosure of classified national security information and intelligence to the public.”
Th coalition, which includes CBC News, Toronto Star, La Presse, CTV News, Global News, and the Quebec-based Groupe TVA and MédiaQMI, had sought only a limited standing on its application. It asked for the right to be notified whenever the commission contemplates or considers requests for measures to keep information confidential. It also wanted a simple process for expressing their opinions on such measures.
Ms. Hogue said she found some merit to this proposal but also some problems. Her decision to grant the coalition full standing for the specific portion of the factual phase was based on her belief that the coalition could provide a necessary contribution by making submissions on the general approach the commission should take in response to confidentiality requests.
Additionally, a coalition of eight human rights advocacy groups applied for and was granted full standing in the inquiry’s factual phase. Collectively referred to as the “Human Rights Coalition,” this group includes, among others, the Falun Gong Human Rights Group, Canada-Hong Kong Link, the Human Rights Action Group, and the Uyghur Rights Advocacy Project.
Those granted intervener standing in the factual phase as well as standing in the policy phase include, among others, the Conservative Party of Canada, the NDP, former Tory leader Erin O’Toole, Sen. Yuen Pau Woo, Democracy Watch, and the Chinese Canadian Concern Group on the Chinese Communist Party’s Human Rights Violations.
Criticisms
The Opposition Conservatives have
raised concerns over their limited standing, saying that this decision undermines the credibility of the inquiry, as reported by
The Globe and Mail.
In their application, the Conservatives highlighted that their candidates in the 2019 and 2021 elections were “among the most targeted by the Chinese government.” Specifically, they pointed to Conservative MP Michael Chong, whom Global Affairs Canada has said was likely the target of a disinformation campaign by Beijing.
When questioned about the Conservatives’ concerns, commission spokesperson Michael Tansey told The Epoch Times that akin to judges refraining from commenting on cases before them, the commissioner would not provide comments beyond her decision. He referred to specific sections in Ms. Hogue’s decision to provide the rationale for granting standing to political parties.
Ms. Hogue said in her decision that, should Mr. Chong wish, he could apply for standing as an individual independent of the Conservative Party within five days of the release of her decision. Mr. Chong declined to comment in response to The Epoch Times’ request for confirmation on whether he intended to participate in the inquiry.
Additionally, some rights advocates expressed concerns about the commission granting full standing to individuals Mr. Dong and Mr. Chan, who have been accused of being involved in Chinese interference. Gloria Fung, president of Canada-Hong Kong Link,
told The National Post that the Commission’s decision leaves some Chinese-Canadian activists feeling intimidated, knowing these individuals will have the opportunity to question them.
Mehmet Tohti, executive director of the Uyghur Rights Advocacy Project, voiced opposition to this arrangement on social media. In
a Dec. 9 post on the platform X, he stated, “Any reasonable person wouldn’t call alleged thieves to cross-examine the victim of theft in full standing with access to all the relevant information.”
Timeline
On March 2, MPs on the House Standing Committee on Procedure and House Affairs (PROC) voted in favour of a motion calling on Mr. Trudeau to launch an inquiry to examine reports of foreign interference by the Chinese Communist Party.
This vote stems from a series of
PROC meetings since November 2022 focused on investigating allegations of Beijing’s extensive foreign interference targeting Canadian elections, as reported by media outlets citing leaked intelligence documents and national security officials.
Among these allegations is a Nov. 7, 2022,
Global News report suggesting that China provided funding to at least 11 candidates in the 2019 campaign.
Reports from The Globe and Mail earlier this year, citing unnamed national security sources, also alleged that Chinese consulates in Canada devised
a sophisticated strategy with the aim of re-electing a Liberal minority in 2021 and defeating Conservative MPs critical of the communist regime.
Responding to the alleged foreign election interference, the Liberal government initially appointed former governor general David Johnston as an
“independent special rapporteur” on foreign election interference. This move
faced criticism from the Opposition Conservatives, who expressed concerns about Mr. Johnston’s perceived links to the Trudeau family.
On May 23, Mr. Johnston
released his first report, wherein he dismissed the idea of holding a public inquiry. He cited concerns about publicly disclosing classified information as the primary reason for this decision. This decision drew condemnation from
all major opposition parties as well as human rights defenders. MPs passed a
motion on May 31 in the House of Commons calling on him to step down. Subsequently, Mr. Johnston submitted
his letter of resignation to the prime minister on June 9.
Following Mr. Johnston’s departure, Intergovernmental Affairs Minister Dominic LeBlanc relented, indicating a potential launch of an inquiry. Subsequently, in the months that followed, the major political parties engaged in negotiations on the terms for a foreign interference inquiry, culminating in
an agreement on July 7.
