Meddling inquiry won’t publicly name parliamentarians suspected by spy watchdog

The head of a federal inquiry into foreign interference says she will not be publicly identifying parliamentarians suspected by a spy watchdog of meddling in Canadian affairs.

The National Security and Intelligence Committee of Parliamentarians raised eyebrows earlier this year with a public version of a secret report that said some parliamentarians were “semi-witting or witting” participants in the efforts of foreign states to meddle in Canadian politics.

Although the NSICOP report didn’t name individuals, the blunt findings prompted a flurry of concern that members knowingly involved in interference might still be active in politics.

As inquiry hearings resumed Monday, commissioner Marie-Josée Hogue cautioned that the NSICOP report’s allegations are based on classified information, which means the inquiry can neither make them public, nor even disclose them to the people in question.

As a result, the commission of inquiry won’t be able to provide the individuals with a meaningful opportunity to defend themselves, she said.

“Canada is a state governed by the rule of law, which recognizes and protects the fundamental rights of every individual, including the right to fully defend oneself against charges and accusations,” Hogue said.

Procedural fairness entrenches a similar principle, she said.

In addition, the Inquiries Act expressly prohibits the commission from making an adverse finding against a person — in other words, a conclusion that will bring discredit on that person or tarnish their reputation — unless the person has been given notice and allowed full opportunity to be heard with respect to the claims, Hogue said.

However, she added, the commission plans to address the NSICOP allegations and make recommendations in the classified version of the inquiry’s final report.

“As required by its terms of reference, the commission will carry out its duties in such a way as not to jeopardize any other investigation or proceeding, whether ongoing or forthcoming.”

Prime Minister Justin Trudeau and key government officials took part in the commission’s initial fact-finding hearings last spring on allegations of foreign interference in the 2019 and 2021 federal elections.

Hogue’s interim report, released in early May, said foreign meddling by China did not affect the overall results of the two general elections.

The report said while outcomes in a small number of ridings may have been affected by interference, this cannot be said with certainty.

In the second part of the commission’s factual phase, the public hearings will focus on the capacity of federal agencies to detect, deter and counter foreign meddling.

The hearings, scheduled to continue through Oct. 16, will be somewhat broad in scope, examining democratic institutions and the experiences of diaspora communities.

Trudeau, members of his inner circle and senior security officials are slated to return to the inquiry.

Beginning Oct. 21, the commission will then hold a week of policy consultations, including a series of roundtable discussions featuring experts, to help Hogue develop recommendations.