Foreign Interference Inquiry Will Offer Ways for Public Fearing Reprisals to Provide Testimony, Evidence in Confidence

The Confederation Building is pictured through a window on Parliament Hill in Ottawa on Nov. 7, 2023. (The Canadian Press/Sean Kilpatrick)

Canada’s inquiry into foreign interference says it will put in place in the next few months measures allowing those who fear reprisals from participating in the process to ask that their identity and other information be protected.

In a Jan. 4 “Notice to the Public,” the federal Foreign Interference Commission said, “The Commission understands that some individuals may fear reprisals if they testify or provide information to the Commission.”

The commission said it will establish a process allowing the public to “provide observations, suggestions, and share relevant experiences” related to its mandate of investigating foreign interference in Canadian elections. “This will be a user-friendly process, and those who choose to submit information will be able to request that their identity and certain information they provide be protected,” the notice stated.

The public inquiry into foreign interference was initiated in response to widespread allegations of Beijing’s meddling in Canadian federal elections in 2019 and 2021. However, the inquiry has faced criticism from some members of the Chinese diaspora who are critical of the Beijing regime.

Concerns were raised about Justice Marie-Josée Hogue, who heads the commission, granting “full standing” to MP Han Dong and former Ontario cabinet minister Michael Chan in the inquiry. The Dec. 4, 2023, decision would allow them access to classified information and the right to question witnesses.

Both individuals face allegations of involvement in Beijing’s interference in Canada’s 2019 and 2021 federal elections, according to media reports citing Canadian Security Intelligence Service (CSIS) allegations, which they have denied.

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“With the presence of Michael Chan and Han Dong who have been alleged by CSIS to have close ties with the Chinese Consulate, some witnesses may feel the public inquiry no longer provides a safe space for them to speak up and share their experience and analysis of foreign interference,” Gloria Fung, president of Canada-Hong Kong Link, told The Epoch Times in a recent interview.

Mr. Dong and Mr. Chan didn’t respond to inquiries from The Epoch Times.

Canada-Hong Kong Link and seven other human rights organizations have formed a “Human Rights Coalition” that was granted full standing in the upcoming public inquiry scheduled to commence on Jan. 29. Five of the eight members in the coalition have asked the commissioner to reconsider her Dec. 4 decision.

Protective Measures

In a Dec. 22, 2023, decision, Ms. Hogue acknowledged the coalition’s argument that certain individuals have “concerns about being questioned by Mr. Dong and Mr. Chan,” but she upheld her earlier decision. She explained that while these concerns are “important,” they should be “addressed through procedures set out in the Commission’s Rules of Procedure and do not warrant reconsideration of the Decision on Standing.”

In the latest notice, the commission notes that the Rules of Practice and Procedure offer “numerous measures to protect the safety and security of individuals” providing information. Under Rule 26, individuals may redact “irrelevant personal information or identifiers” from documents before their disclosure. Rule 51 allows witnesses who want special arrangements for presenting their testimony to submit a request for accommodation.

The Jan. 4 notice says, referencing rules 82 to 84, “If necessary, the Commission may even decide to hear evidence in private, meaning that only the Commissioner, Commission counsel and an official stenographer may be present when the evidence is given.”

The commission has created an email address, [email protected], where the public can send information in confidence.

“The Commission itself has put in place strict internal measures to ensure that any information provided through this email address will be kept confidential,” the notice said.