(Ottawa) The head of the commission of inquiry into foreign interference has accepted that the federal government present certain evidence behind closed doors.
In a decision made public Monday, Commissioner Marie-Josée Hogue said she was convinced that the disclosure of certain classified information could harm Canada or its allies.
Consequently, Mme Hogue agreed to hear the federal evidence in the absence of other participants in the investigation and the public.
I have already pressed, and intend to continue to press, the Government to disclose as much information as possible, but I must recognize that there is some information which cannot be publicly disclosed.
Commissioner Marie-Josée Hogue in a written decision
Mme Hogue assured that the commission, in the interest of transparency, would produce a summary of the information presented in private so that the public could see as much as possible.
Additionally, if disclosure of certain information heard in private does not cause harm, Commission attorneys may present that information at subsequent public hearings.
In its initial phase, the investigation is examining allegations of foreign interference by China, India, Russia or other countries during the 2019 and 2021 federal elections.
No dates have been announced for private or public hearings on the merits of these allegations.
A report on the results of this investigation is expected on May 3.
The inquiry will then turn to broader policy questions, examining the government’s ability to detect, deter and counter foreign interference during Canada’s democratic processes. A final report is expected by the end of the year.
Sensitive testimony and secret information
The commissioner revealed last month that the government had warned her that it would be necessary to present some testimony behind closed doors.
She said then that the government would have the burden of convincing her that disclosing this evidence to participants in the investigation or to the public could endanger national security.
If she was not convinced by the government’s arguments, she would demand that the evidence be presented publicly.
Mme Hogue said Monday that before issuing her latest ruling, she heard private arguments from four witnesses, two from the Canadian Security Intelligence Service and two from the Communications Security Establishment, Canada’s cyber espionage agency.
“The potential harm described by witnesses included harm to intelligence agencies’ human sources, harm from disclosure of the agencies’ investigative interests and capabilities, and harm to relationships with foreign agencies over which Canada relies for information exchange. »
In fact, much of the information that was provided to the commission – information that Ms.’s lawyersme Hogue hoped to put into evidence – are not only classified “Top Secret”, but also “subject to additional control systems and compartmentalization, which means that this information is exceptionally sensitive”.
In a second decision made public on Monday, Mme Hogue granted the speaker from the Iranian-Canadian Congress the right to intervene in the factual phase of the investigation and in the political phase.
The organization describes itself as a non-profit, non-partisan, non-religious organization established in 2007 to represent the interests of Canadians of Iranian origin with core values of peace, solidarity, freedom, justice and transparency .