The Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions (“the Commission”) held its Stage 1 hearings between March 27 and April 12, 2024. The Stage 1 hearings focused on foreign interference in the context of the 2019 and 2021 federal elections, any potential impacts on the integrity of those elections, as well as the flow of information to senior decision-makers during the election periods and the weeks following, and actions taken in response. 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 (March 27, 2024), representatives from several diaspora groups based in Canada shared their experiences with transnational repression. The Commission heard from Hamed Esmaeilion (former president of the Association of Families of Flight PS752 Victims), Mehmet Tohti (executive director at Uyghur Rights Advocacy Project), Grace Dai Wollensak (member of Falun Gong Human Rights Group and representative from the Falun Dafa Association of Canada), and Yuriy Novodvorskiy (representative from the Russian Canadian Democratic Alliance). The panel can be viewed starting at the 3:29:10 minute mark here.

On the second day of hearings (March 28, 2024), HRAG counsels cross-examined Stephane Perrault, Canada’s Chief Electoral Officer, asking about confidentiality protections for complainants, and current efforts to protect diaspora community members from intimidation. HRAG counsels also cross-examined the Office of the Commissioner of Canada Elections panel, asking about confidentiality protections available for complainants and language capabilities. Our cross-examinations can be viewed at the 2:35:50 and 8:35:55 minute marks, respectively, here.

On the third day of hearings (April 2, 2024), HRAG counsels cross-examined Azam Ishmael (National Director of the Liberal Party of Canada), Anne McGrath (National Director of the NDP), and Walid Soliman (co-chair of the Conservatives’ 2021 campaign). In response to our questions, Mr. Ishmael acknowledged that it is possible that members of diaspora communities are vulnerable to coercion by foreign actors. HRAG counsels also cross-examined Han Dong, Ted Lojko (Han Dong’s campaign manager), and Michael Chan. In response to our questions, Mr. Dong admitted he does not do background checks on volunteers, Mr. Lojko agreed that if coercion of voters or potential voters happened by door-knockers that Mr. Dong would know about it, and Mr. Chan agreed that an introduction he received to an ambassador from Chinese officials was of value to him and that he was appreciative and felt they did him a favour. Our cross-examinations can be viewed at the 2:26:00, 5:52:30, 6:57:30, and 7:43:00 minute marks, respectively, here.

On the fourth day of hearings (April 3, 2024), HRAG counsels cross-examined Erin O’Toole, Kenny Chiu, Jenny Kwan, and Michael Chong. In response to our questions, Mr. O’Toole agreed that members of targeted diaspora communities should be briefed in a timely manner; Mr. Chiu emphasized the importance of developing an effective way to communicate with diaspora communities with regard to foreign interference; Ms. Kwan shared that Chinese Canadians in her riding expressed to her that they were afraid to vote for her because they were afraid of what would happen to their families in China if the CCP found out; and Mr. Chong explained that he believed he became a target of the CCP because of his support and advocacy for persecuted diaspora communities. Our cross-examinations can be viewed at the 2:11:53, 5:21:12, 7:02:02, and 8:28:57 minute marks, respectively, here.

On the fifth day of hearings (April 4, 2024), HRAG counsels cross-examined officials from Global Affairs Canada (GAC), the Royal Canadian Mounted Police (RCMP), the Communications Security Establishment (CSE), and the Canadian Security Intelligence Service (CSIS). In response to our questions, one of the officials from GAC stated that “a threat explicit or implicit in [his] books would put that over the line into foreign interference”; RCMP and CSE representatives confirmed that their complaints mechanisms relevant to foreign interference and transnational repression are only available in English and French; and CSIS Director David Vigneault agreed that diaspora communities targeted by the Chinese government can be pressured to vote in accordance with Chinese state interests and that it is fundamentally important for CSIS to engage with these communities. Our cross-examinations can be viewed at the 33:08, 2:06:40, 3:11:12, 8:06:37, and 8:58:27 minute marks, respectively, here.

On the sixth day of hearings (April 5, 2024), HRAG counsels cross-examined Allen Sutherland from the Privy Council Office (PCO), and members of the 2019 and 2021 SITE Task Forces. Mr. Sutherland noted that in the run up to the general election, the PCO briefed the SITE Task Force on scenarios in which members of diaspora communities are pressured to vote a certain way or refrain from voting. In response to our questions, members of the SITE Task Force confirmed that they were not aware of allegations of the Atlantic Council’s ties to dictatorships when they contracted a group within this organization to partner with the Canadian government to monitor the information space. Our cross-examinations can be viewed at the 46:40, 3:57:19, and 8:36:05 minute marks, respectively, here.

On the seventh day of hearings (April 8, 2024), HRAG counsels brought a motion to recall witnesses based on the late disclosure of documents; cross-examined the Panels of Five from the 2019 and 2021 general elections; and cross-examined the National Security and Intelligence Advisors. Our motion and cross-examinations can be viewed at the 00:25, 4:33:00, 6:48:00, and 8:47:00 minute marks, respectively, here.

On the eighth day of hearings (April 9, 2024), HRAG counsels cross-examined the Privy Council Clerk and Deputy Clerk and the Prime Minister’s Office staffers. In response to our questions, the Prime Minister’s Office staffers confirmed that they were aware of allegations of voter coercion and they briefed the Prime Minister on that topic. HRAG counsels also requested reconsideration of the April 8 motion specifically on the issue of recalling CSIS Director David Vigneault for further cross-examination; the request was granted. Our cross-examinations and motion discussion can be viewed at the 1:18:30, 7:55:25, and 8:20:50 minute marks, respectively, here.

On the ninth day of hearings (April 10, 2024), HRAG counsels cross-examined Ministers Karina Gould, William Blair, and Dominic LeBlanc. In response to our questions, Minister Blair agreed that law enforcement mechanisms need to improve to become more accessible to diaspora communities, and Minister LeBlanc agreed that while paper-based ballots are more secure in the context of cyber-attacks, they do not necessarily protect voters from intimidation or harassment. Our cross-examinations can be viewed at the 1:25:55, 1:59:30, and 3:26:35 minute marks, respectively, here.

Later on the ninth day of hearings, HRAG counsels cross-examined Prime Minister Justin Trudeau. Our cross-examination can be viewed at the 2:29:35 minute mark here.

On the tenth day of hearings (April 12, 2024), HRAG counsels cross-examined CSIS Director David Vigneault. Our cross-examination can be viewed at the 1:02:00 minute mark here.