Resumption of the federal investigation into foreign interference, between secrecy and transparency

After a first round of preliminary hearings in January, the commission of inquiry into foreign interference resumed its work on Wednesday. Commissioner Marie-Josée Hogue, who had already taken care to lower expectations about what could be disclosed to the general public, reiterated the need to keep certain information confidential and to hear certain testimonies behind closed doors.

The judge of the Quebec Court of Appeal will hear, over the next two weeks, the testimony of more than 40 people to examine allegations according to which countries such as China, Russia, and India, among others , allegedly attempted to influence the outcome of the country’s last two general elections.

Members of affected communities, representatives of political parties and federal election officials will be called to testify about this interference. Prime Minister Justin Trudeau, members of his cabinet and various senior government officials will also appear at the hearings.

If openness and transparency are virtues, so is secrecy in certain circumstances.

“I am aware that some people will have the impression that too much information is being kept secret, while others will have the impression that too much information is being disclosed,” the commissioner admitted in her opening speech on Wednesday. speaking of a balance that is “difficult, if not impossible,” to achieve.

Last year, network reports Overall and everyday The Globe and Mail revealed that Beijing diplomats and proxies in Canada attempted to influence the results of the last federal election. Sources had also suggested that the government had shown inaction despite advice from the Canadian Security Intelligence Service (CSIS).

During preliminary hearings in January, several senior officials argued that the disclosure of certain information will have to be restricted. Approximately 80% of the documents received so far by Commissioner Hogue’s team are classified. Of these, 80% have the highest protection ratings, meaning they are considered “top secret” or higher.

On Wednesday, Commissioner Hogue warned that any information publicly disclosed as part of her investigation will become known not only to Canadians, but also to states and organizations with interests opposed to those of Canada.

“Their disclosure to hostile actors could cause serious harm to both citizens and Canada as a whole. This could diminish our ability to detect and respond to foreign interference,” the commissioner said.

Even so, Ms. Hogue says that confidentiality related to national security issues “has in no way hampered [sa] ability to seek the truth.

“The Commission had access to a large number of classified documents in their entirety, that is to say without the redactions necessary to protect national security,” she assured. Confidentiality requirements have not prevented us from carrying out the work assigned to us so far, but they pose real challenges as I strive to keep the process transparent and open. »

“Flexible” rules

In the context of sensitive information, the Commission has opted for “flexible rules of evidence and procedure”, notably allowing witnesses to appear behind closed doors. The commissioner revealed on Wednesday that six days of closed hearings have already taken place.

“The evidence will not always be administered according to the rules generally applicable before the courts. I believe that the usual rules, although essential in other forums, would be too rigid in the context of this commission,” explained the judge.

Summaries of information presented privately must, however, be made public.

Some witnesses working within the intelligence service will not be identified, but those who occupy the highest positions within intelligence agencies will be, assured the commissioner.

Members of the diaspora communities are scheduled to testify Wednesday afternoon.

She must submit her first report before May 3. Its final report is expected by December 31, 2024.

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