Foreign Interference Inquiry to Allow Opposition Parties to Cross-Examine Witnesses

Foreign Interference Inquiry to Allow Opposition Parties to Cross-Examine Witnesses
Commissioner Justice Marie-Josée Hogue speaks at the Public Inquiry Into Foreign Interference in Federal Election Processes and Democratic Institutions, in Ottawa on Feb. 2, 2024. (The Canadian Press/Adrian Wyld)
Andrew Chen
3/13/2024
Updated:
3/13/2024
0:00

Major opposition parties and former Conservative leader Erin O'Toole will be given the powers to cross-examine witnesses in the next phase of the public inquiry into foreign interference in Canada’s federal elections.

The Conservatives, NDP, Bloc Québécois, and Mr. O'Toole will receive these rights during the next phase of the public hearings, slated to run from March 27 to April 10, according to the commission’s spokesperson Michael Tansey. The four were previously given “intervener” status, which denied them the right to question witnesses.

Additionally, Mr. Tansey told The Epoch Times that the participants can now access a database of non-public documents to better prepare for cross-examinations. This access was previously limited to a select few with “Party” status, allowing them full participation rights in the public inquiry.

Previously, the Conservatives objected to Commissioner Marie-Josée Hogue’s decision to limit the opposition’s ability to question witnesses. In their submission to the commission, the Tories said that their candidates in the 2019 and 2021 general elections were “among the most targeted by the Chinese government”—a concern that led to the initiation of the inquiry.
In a Dec. 22 decision, Ms. Hogue rejected the Conservatives’ argument, stating that they wouldn’t need to cross-examine witnesses or access the non-public documents to contribute adequately to the inquiry.

When asked what prompted the commissioner’s plan to reverse her decision, Mr. Tansey said the decision was “based on the progress of the Commission’s investigation to date and the interests of each of these Interveners.”

He clarified that the commission has not yet sent a letter about this decision to the opposition parties and Mr. O’Toole, and that the decision on this matter will be released “later this week.” The Globe and Mail first reported about the letter from the commission’s lead counsel, Shantona Chaudhury.

Security Concerns

Mr. Tansey said despite the additional powers granted, none of the participants would have access to sensitive documents submitted to the commission.

“It is important to note that the Commission cannot, and will not, disclose classified information to the Participants or to the public,” he said.

His comment follows diaspora and rights groups boycotting the inquiry over concerns about the commissioner’s inclusion of three politicians allegedly linked to the Chinese regime.

The Uyghur Rights Advocacy Project declared its withdrawal on Jan. 31, protesting the involvement of former Liberal MP Han Dong, Senator Yuan Pau Woo, and Markham, Ont., deputy mayor Michael Chan. All three politicians have denied the allegations against them. In its Jan. 31 press release, the rights group raised security concerns about the Party status given to Mr. Dong and Mr. Chan, along with Mr. Woo’s intervener status in the public inquiry.

“These statuses provide access to highly confidential information, potentially jeopardizing our community and others, and allowing them to cross-examine witnesses,” the organization said on the social media platform X.

Another diaspora group, the Canadian Friends of Hong Kong, called for a boycott of the public inquiry on Feb. 20, voicing similar concerns about the politicians.
Ms. Hogue had acknowledged that certain individuals expressed “concerns about being questioned by Mr. Dong and Mr. Chan.” In response to the calls for boycott, she released a statement on Feb. 22, saying, “None of the Participants in the Commission, including those with Party standing, will have access to classified information, or information provided to the Commission on a confidential basis.”
In May 2023, Mr. Chan, a former Ontario cabinet minister, initiated a lawsuit against CSIS and Global News. The media outlet, citing leaked national security sources, had alleged that Mr. Chan and Mr. Dong were involved in China’s election interference. Mr. Dong is also suing Global News following its reporting of his alleged contact with the Chinese consulate in Toronto.