The Trudeau government seems (finally) to resolve to launch a public and independent commission of inquiry into foreign interference in Canada.
Following the resignation of special rapporteur David Johnston on Friday, Ottawa wants to consult opposition parties and experts before making a final decision on what to do next.
If this reflection is serious, it will lead to the conclusion that a public and independent commission of inquiry is needed. The integrity of our democratic institutions is too important and the allegations of interference by China too serious to sweep this file under the carpet a second time.
Here is what the Trudeau government must do:
1) A real commission of inquiry
Forget the concept of a new special rapporteur who would continue the work of David Johnston. We need a real public and independent commission of inquiry, under the Inquiries Act. A commission of inquiry has teeth: it can compel witnesses to appear and produce documents. Witnesses must tell the truth or they can be criminally charged with perjury. That would get to the bottom of things. And yes, it is possible to hold a commission of inquiry in a national security context. The federal government has held several in the past1.
2) A clear mandate
We must answer the following three questions:
a) What were the attempts at foreign interference and were they successful?
b) What did the federal government know, since when did it know it, and how did it react?
c) What should be done in the future to protect against foreign interference?
3) A judge as commissioner
It takes a completely independent and impartial commissioner. No links with the Trudeau government or with an actor involved in this file like the Trudeau Foundation.
Our solution: choose a Federal Court judge with no affiliation to a political party before his appointment to the bench. Several Federal Court judges are familiar with the intelligence community, as they oversee applications for surveillance warrants from the Canadian Security Intelligence Service (CSIS). Ottawa should choose judges from this group who have expertise in national security and who already have their security clearance.
4) A public process… whenever possible
As we are dealing with national security, a good part – probably the majority – of the hearings will take place behind closed doors, because this part of the evidence (confidential documents, classified testimony) cannot be revealed publicly. At the end, there will be two reports: one confidential (for those who have the necessary security clearance to read it, such as ministers), the other public, where the conclusions and recommendations are presented without revealing secrets of state. This second report will be released to Canadians.
5) Get along with the opposition parties
In an ideal world, all federal parties would agree on the mandate of the commission and the identity of the commissioner.
We are not in an ideal world.
Nevertheless, the Trudeau government and the opposition parties all have an obligation of good faith. The Liberals must seriously consult with the opposition parties and make significant efforts to gain their support. Opposition parties must also set aside their partisan interests.
An example ? The Bloc Québécois, which has also made several useful suggestions, nevertheless wants the mandate to include governance of the Trudeau Foundation. The Chinese donation to the Trudeau Foundation yes, but the governance of the foundation has nothing to do with foreign interference.
We want all federal parties to act like responsible adults, not like politicians who want to score as many points as possible with the electorate.
6) From six months to a year
Ottawa must also specify the term of office. David Johnston took two months to complete half of it. We feel that he ran out of time. It is hard to see how a serious commission of inquiry could take less than six months. Ottawa should set a one-year deadline so that Canadians are likely to know the findings before the next election.
It is essential to launch this commission of inquiry by the end of the month.
We’ve already wasted too much time.
1. Arar commission in 2001-2006, Almalki-Abou-Elmaati-Nureddin commission in 2006-2008, Air India Flight 182 commission in 2006-2010.