The Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions (“the Commission”) held its National Security and Confidentiality (“NSC”) hearings between January 29 to February 2, 2024. NSC hearings focused on identifying the challenges, limitations and potential adverse impacts associated with the disclosure of classified national security information and intelligence to the public to foster transparency and enhance public awareness and understanding. Human Rights Action Group (HRAG), in a coalition convened with a variety of diaspora community organizations – namely, Falun Gong Human Rights Group, Canada-Hong Kong Link, Uyghur Rights Advocacy Project, Democratic Spaces, Hidmonna-Eritrean Canadians Human Rights Group of Manitoba, Security and Justice for Tigrayans Canada, and the Alliance of Genocide Victim Communities – participated at the proceedings.

On the first day of hearings (January 29, 2024), Commissioner Hogue delivered her opening statement, followed by multiple Commission counsels giving presentations on various topics related to the Inquiry. These topics included an introduction to NSC proceedings, the mandate of the Commission, the nature of the inquiries, the handling of classified information, and the procedures for the week’s NSC proceedings involving input from the panelists, witnesses, and participants, all of which will assist the Commission in its inquiry. The first day of inquiry can be viewed here.

On the second day of hearings (January 30, 2024), the Commission heard an expert panel consisting of Pierre Trudel, Michael Nesbitt, and Leah West, on balancing national security and the public interest. Prof. Trudel explained the importance of balancing national security imperatives with the public’s right to information and the need for justified limitations. Dr. Nesbitt emphasized the need for transparency, accountability, and case-by-case consideration of making classified information public. Finally, Dr. West gave a presentation on how Parliament has attempted to employ the principles the panel had discussed in statute and common law, focusing on past Commissions of Inquiry and relevant provisions in the CSIS Act and the Canada Evidence Act. The panel can be viewed here.

On the third day of hearings (January 31, 2024), the Commission heard a panel consisting of Richard Fadden, Alan Jones, and John Forster. The panel provided the Commission with perspectives from individuals with experience in national security confidentiality. Mr. Jones explained the attainability of greater transparency in the work of intelligence services and the possibility of disclosing certain types of older information with mitigated risks over time. John Forster, a former Chief of the Communications Security Establishment (CSE), discussed challenges related to protecting sources and the importance of providing context in intelligence analysis. Finally, Mr. Fadden explored potential solutions to national security confidentiality issues and emphasized the importance of gathering the viewpoints of diaspora communities and creating an active program to address transnational repression. The panel can be viewed here.

On the fourth day of hearings (February 1, 2024), HRAG counsels cross-examined David Vigneault, Director of the Canadian Security Intelligence Service (CSIS), and Alia Tayyeb, Deputy Chief of Signals Intelligence at CSE, asking questions regarding exceptions in legislation that applies to CSIS and CSE which allow disclosure of information, and how these exceptions could be applied to information that these agencies have about transnational repression. Our cross-examination can be viewed at the 4:51:08 minute mark here.

On the fifth day of hearings (February 2, 2024), HRAG counsels cross-examined Minister Dominic LeBlanc and presented oral closing submissions. In response to our questions, Minister LeBlanc agreed that the personal security of targeted diaspora community members and their ability to protect themselves against foreign interference should continue to be treated as a priority during disclosure discussions as well as in the Commission’s, Government of Canada’s, and security agencies’ work. Our cross-examination can be viewed at the 1:54:28 minute mark, and oral closing submissions at the 4:15:18 minute mark, here.