The Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions (“the Commission”) held its Stage 2 hearings between September 16 and October 16, 2024. The Stage 2 hearings focused on our democratic institutions and the experiences of diaspora communities in Canada. The goals of these hearings were to better understand how Canada is currently addressing foreign interference in its democratic institutions, and how it can improve. The Commission assessed the capacity of departments, agencies, institutional structures, and governance processes to combat foreign interference, as well as how this capacity has evolved over time. 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, Tamil Rights Group, Hidmonna-Eritrean Canadian 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 (September 16, 2024), there were a total of four presentations by Commission counsels. These presentations contained an introduction to intelligence concepts; described Bill C-70, which had received royal assent on June 20, 2024; discussed the federal entities involved in foreign interference matters and their respective roles; and outlined some social media key terms and definitions relevant to the Commission. Parties to the proceedings made introductions; ours can be viewed at the 34:44 minute mark here.

On the second day of hearings (September 17, 2024), HRAG counsels cross-examined MPs Garnett Genuis and John McKay, and Ms. Simard and Ms. Boucher of the Office of the Commissioner of Canada Elections (OCCE). In response to our questions, MPs Genuis and McKay agreed that the cyber-attacks on their devices could have put members of diaspora communities, particularly those with whom they were in contact, at risk, and Ms. Boucher agreed that the OCCE does not have confidentiality protections for witnesses. Our cross-examinations can be viewed at the 1:50:10 and 6:16:55 minute marks, respectively, here.

On the third day of hearings (September 18, 2024), HRAG counsels cross-examined MPs Michael Chong, Jenny Kwan, and Erin O’Toole. In response to our questions, MP O’Toole agreed that diaspora groups and other organizations that are targets of foreign interference should receive briefings and adequate protections. Our cross-examinations can be viewed at the 2:31:40, 5:29:40, and 7:16:14 minute marks, respectively, here.

On the sixth day of hearings (September 24, 2024), HRAG counsels cross-examined witnesses from the Senate of Canada Administration and the House of Commons Administration, and Mr. Stéphane Perrault of Elections Canada (EC). In response to our questions, the Senate Administration witnesses confirmed that they do not inform members of diaspora communities if their information has been compromised by foreign state actors as a result of cyberattacks on Senators; the House of Commons Administration witnesses likewise confirmed that their focus is on parliamentarians and parliamentary infrastructure. Our cross-examinations can be viewed at the 1:01:45, 3:31:17, and 6:19:35 minute marks, respectively, here.

On the seventh day of hearings (September 25, 2024), HRAG counsels cross-examined a panel of witnesses from the Media Ecosystem Observatory (MEO). In response to our questions, they acknowledged that MEO’s mandate includes monitoring harassment and misinformation targeting journalists and communities within Canada but they do not systematically collect data from non-social media sources. Our cross examination can be viewed starting at the 7:07:14 minute mark, here.

On the eighth day of hearings (September 26, 2024), HRAG counsels cross-examined witnesses from the Communications Security Establishment, the Privy Council Office – Democratic Institutions, and the Department of Justice. In response to our questions, witnesses confirmed that the National Cyber Threat Assessment report, which contains information about the threat landscape in Canada, is not available in languages besides English and French. Our cross examinations can be viewed at the 2:18:45, 4:00:15, and 6:22:35 minute marks, respectively, here.

On the ninth day of hearings (September 27, 2024), HRAG counsels cross-examined witnesses from the Canadian Security Intelligence Service (CSIS). Our cross-examination covered various topics, including allegations of cooperation between Canadian and Chinese officials to engage in wrongful repatriations; the advisability of the Treaty Between Canada and the People’s Republic of China on Mutual Legal Assistance in Criminal Matters; and the limited accessibility of CSIS’ unclassified reports. Our cross-examination can be viewed starting at the 6:20:42 minute mark, here.

On the tenth day of hearings (October 1, 2024), HRAG counsels cross-examined a witness from the Canadian Radio-television and Telecommunications Commission (CRTC). Our questions focused on CRTC’s decision to remove RT and RT France from the list of non-Canadian programming services and stations authorized for distribution, while continuing to authorize Cubavisión Internacional, which re-broadcasts RT programming in Canada. Our cross-examination can be viewed starting at the 6:34:26 minute mark, here.

On the eleventh day of hearings (October 2, 2024), numerous members of our coalition presented remarks during three different panel discussions. Katpana Nagendra and Sieru Kebede presented remarks on the panel that begins at the 4:04:45 minute mark; Ghezae Hagos Berhe, Sherap Therchin, and Pixing Zhang presented remarks on the panel that begins at the 5:10:45 minute mark; and Gloria Fung and Kayum Masimov presented remarks on the panel that begins at the 6:13:55 minute mark. HRAG counsels also brought a motion on behalf of HRAG advisor Marcus Kolga, starting at the 4:00:03 minute mark. All can be viewed here.

On the twelfth day of hearings (October 3, 2024), HRAG’s student-at-law cross-examined a panel of witnesses from the Royal Canadian Mounted Police (RCMP). In response to our questions, the witnesses acknowledged that the RCMP does not have a standardized procedure concerning when they will or will not engage with members of diaspora communities as part of investigations concerning their communities. Our cross-examination can be viewed from starting at the 2:03:37 minute mark, here.

On the thirteenth day of hearings (October 4, 2024), HRAG counsels cross-examined a panel of witnesses from Global Affairs Canada (GAC). Our questions focused on the possibility and advisability of imposing targeted sanctions on Eritrean, Ethiopian, and Cuban officials with responsibility for gross human rights violations and foreign interference, as well as on the possibility and advisability of imposing further targeted sanctions on Sri Lankan officials in response to gross human rights violations and foreign interference committed against Tamils. We also asked questions about the utility of leveraging the Export and Import Permits Act to restrict imports and exports from surveillance technology companies linked to the Chinese government. Further, in response to our questions, GAC witnesses acknowledged that no targeted sanctions have been implemented in response to gross human rights violations committed against Falun Gong practitioners, Hongkongers, or Tibetans. Our cross-examination can be viewed starting at the 5:50:55 minute mark, here.

On the fourteenth day of hearings (October 7, 2024), HRAG counsels cross-examined a panel of witnesses from the Privy Council Office (PCO), and a panel of witnesses from Canadian Heritage. In response to our questions, witnesses from the PCO agreed that the impacts of foreign interference on Uyghurs, Hongkongers, Tibetans, and Falun Gong practitioners were discussed in the context of the Deputy Minister and Assistant Deputy Minister committees on China but could not say whether the committees were in contact with these communities. Further, witnesses from Canadian Heritage shared that although they do not specifically outreach to diaspora communities when calls for proposals are made, they have an external steering committee comprised of civil society organizations and researchers. Our cross-examinations can be viewed at the 2:07:30 and 6:22:20 minute marks, respectively, here.

On the fifteenth day of the hearings (October 8, 2024), HRAG counsels cross-examined two panels of witnesses from Public Safety Canada. Our questions focused on the possibility, advisability, and frequency of removing perpetrators of foreign interference from Canada using the relevant provisions of the Immigration and Refugee Protection Act. Our cross-examinations can be viewed at the 2:01:10 and 6:51:20 minute marks, respectively, here.

On the sixteenth day of hearings (October 9, 2024), HRAG counsels cross-examined witnesses from the Privy Council Office. In response to our questions, the witnesses shared that foreign interference conducted by non-governmental entities – including terrorist groups and organized criminal entities – is dealt with differently than foreign interference perpetrated by state actors. Our cross-examination can be viewed starting at the 6:07:00 minute mark, here.

On the seventeenth day of hearings (October 10, 2024), HRAG counsels cross-examined Minister Mélanie Joly. In response to our questions, Minister Joly acknowledged that when a request for sanctions is made by an individual or group, they do not necessarily receive information in return about their request. Our cross-examination can be viewed starting at the 7:04:57 minute mark, here.

On the nineteenth day of hearings (October 15, 2024), HRAG counsels cross-examined witnesses from the Prime Minister’s Office and Minister Dominic LeBlanc. In response to our questions, Minister LeBlanc agreed that members of diaspora communities need to feel safe in Canada, and that it is important that law enforcement agencies work with these communities. Our cross-examinations can be viewed at the 2:42:56 and 6:24:50 minute marks, respectively, here.

On the twentieth day of hearings (October 16, 2024), HRAG counsels cross-examined Prime Minister Justin Trudeau. In response to our questions, the Prime Minister agreed that Tamil Canadians are exposed to actions by the Sri Lankan government that Canada needs to do everything it can to protect them from; that the Canadian government is very concerned with the human rights crises in Africa; that any cooperation with China pursuant to the Mutual Legal Assistance Treaty (MLAT) is looked at carefully, regardless of the content of the MLAT; and that it is the responsibility of every Canadian mission overseas, including the one in Havana, to engage with civil society organizations on the ground. Our cross-examination can be viewed starting at the 5:43:43 minute mark, here.