(Ottawa) For more than a year, Canada has been considering the creation of a register of foreign agents to combat interference in the country’s democratic process.
The Liberal government and even some fervent supporters of the idea recognize that a registry would be just one tool among others to prevent hostile actors from interfering in Canadian affairs.
Others say such a measure has no place in the toolbox at all.
The rationale for creating a registry is that states can engage in interference to advance their political goals and can employ people to act on their behalf without them disclosing who they are helping.
According to some, requiring these people to officially register with the government they are trying to influence – or face fines or even prison time for non-compliance – can make these transactions more visible to the public. audience.
Allegations of Chinese interference in the last two federal elections – suggestions fueled by anonymous media leaks – have amplified calls for a registry.
Not a panacea
A registry might not stop all intruders, but it would send a signal that it’s “something that Canada is keenly interested in,” said Cheuk Kwan, co-president of the Toronto Association for Democracy in China.
“I believe that is the message we need to send to foreign powers. »
The current lack of a Canadian registry “means nothing is transparent,” he added. “We don’t know who is doing what. »
Vincent Rigby, former national security and intelligence adviser to Prime Minister Justin Trudeau, also sees the usefulness of a registry, but, like Mr. Kwan, he cautions that it would not be a panacea.
“These people who engage in a lot of foreign interference are, by definition, doing it in secret. And if they say publicly that I’m doing this or I’m doing that on behalf of a foreign government – they won’t necessarily do that,” suggested Mr. Rigby, now a professor at the Max Bell School of Public Policy in McGill University.
However, it is hoped that this will act as a deterrent, because if they do these activities and get caught, they will face consequences. It will not be a magic potion that will make foreign interference disappear. But it’s definitely a step in the right direction.
Vincent Rigby, former national security and intelligence advisor to Prime Minister Justin Trudeau
The United States and Australia, two of Canada’s closest allies, already have such registries and the United Kingdom is expected to create one this year.
“Huge” disadvantages
Wesley Wark, senior fellow at the Center for Innovation in International Governance, says Canada faces threats from hostile foreign states, which seek to intimidate diaspora communities, steal know-how valuable technology and to interfere in elections and other democratic processes.
But Mr. Wark, who participated in a federal consultation on the creation of a registry, considers the proposed measure to be mere “security theater.”
“You cannot use a foreign influence registry to stop malign foreign influence. That’s not how it’s going to work,” he argued.
A registry could help educate the public, align Canada with its allies and act as a deterrent, Wark admits.
“But the downsides are, I think, enormous. »
He said the registry could become “a voluminous” and complex bureaucratic monster that would take money out of the pockets of security agencies investigating illicit foreign influence and run counter to the country’s freedom of expression guarantees. Bill of Rights.
British Columbia Senator Yuen Pau Woo said during last year’s federal consultation that a registry would not address blatant acts of interference by a foreign state.
“On the other hand, it would stifle legitimate political debate, stigmatize certain groups and encourage withdrawal,” he said in a written submission published under the Access to Information Act.
“The costs of a registry will far outweigh its meager benefits. To adopt a register now is to give in to the politics of fear and division. This will result in a smaller, meaner, more self-centered Canada. »
Mr Kwan disagrees. According to him, a register would help suppress racism.
Creating a list of real foreign agents would dissipate a cloud of suspicion that hangs over all members of the Chinese community in Canada, he argued. “I think a registry will clear us. »
Legislative changes envisaged
Overall, respondents to the public consultation were in favor of establishing this register, but they stressed the need to clarify how it would work.
A federal summary of the consultation said participants wanted a register that appropriately defined who must register and clarified what fell within the scope of covered activities.
They also urged the government to continue its outreach program to communities at risk of foreign interference, devote more resources to enforcing laws against foreign interference, and make additional legislative amendments in the area of national security.
With this in mind, the government announced at the end of November a new public consultation on possible modifications to the Canadian Security Intelligence Service Actwhich governs Canada’s intelligence services, as well as the Criminal Code, Information Protection Act and to the Canada Evidence Act.
According to Mr. Wark, the latest federal consultation demonstrates that the Liberal government realizes that it should give priority to strengthening the legal framework for national security rather than creating a register of influence.
Ottawa also needs to determine what a registry could accomplish that current legislation governing lobbying activities and federal elections cannot already do, he added.
“Even though it seemed simple when they first dove into it, I think they’re realizing more and more that it’s not. »