A federal inquiry into foreign interference has yet to submit its initial report, but the Liberal government is already advancing plans to overhaul a series of national security laws and procedures.
In two new reports, the government says recent consultations have revealed general support for measures to deal with foreign interference, as well as some concerns about the potential effects on vulnerable communities.
Ottawa is considering the creation of new foreign interference offenses under the Information Security Act, as well as modernizing the sabotage offense in Canada.
The changes could include making it a crime to carry out secret or covert action for the benefit of a foreign entity, knowing that it would harm Canadian interests.
This offense would expand the scope of the current information security law, which currently concerns threats or violence of foreign origin.
An example could be knowingly helping agents of a foreign state, who pose as tourists, to enter Canada, the government says. Another example would be circulating false information to discredit an opponent of a foreign government.
A recently released report states that there are divergent views on exactly how to combat foreign interference, but that there is “general consensus on the need for increased efforts” to deal with the problem. threat.
Strengthen intelligence
The government is also considering changes to legislation governing the Canadian Security Intelligence Service (CSIS), to expand the spy agency’s ability to share information, gather intelligence and use data.
A key change would allow CSIS to release information beyond the halls of government to build resilience against foreign interference.
Other new provisions would allow CSIS to require the retention of perishable information when it intends to seek a warrant, and to require the production of information that could advance its investigations.
Still other changes would improve the ability of spy services to collect foreign intelligence and gather and use data sets in a timely manner.
The Business Council of Canada wants CSIS to be able to share threat intelligence with businesses to help them take protective measures. He also urged the government to create a new agency that would ensure information is shared securely and widely across the Canadian economy.
Concerns are expressed
However, serious issues must be addressed, particularly those surrounding threats against individuals and interference with essential services that endanger people’s health and safety, said the Coalition for International Civil Liberties Monitoring (ICCLC). ), based in Ottawa, which brings together 45 organizations including Amnesty International, the Council of Canadians, the Canadian Muslim Forum and several major unions.
“We are concerned that the overall approach to this issue so far has focused on greater securitization, increased powers for the police and intelligence agencies, and raised concerns about targeting and the marginalization of certain communities and the concern of a new “McCarthyism” focused on individuals with links to particular countries, on the basis of political divisions and not a real threat,” explains a statement from the coalition .
A report on consultations on the CSIS Act says participants “generally understood” the need for changes and agreed that existing gaps are problematic.
“While support was strong overall, some respondents expressed particular concerns about the importance of privacy and the need for rigorous oversight and accountability. »
A previous public consultation had highlighted the idea of creating a transparency register regarding foreign influence, but participants had stressed the need to clarify its operation. No action appears to have been taken in this direction by the government since.
A federal investigation into foreign interference is expected to soon produce a report on allegations of interference in the last two general elections.
Commissioner Marie-Josée Hogue’s report will contain findings and recommendations that could prompt calls for additional changes to protect the integrity of Canadian electoral processes.