The head of the federal investigation into foreign interference said the government told her it needed to hear some evidence behind closed doors.
In a notice issued late Friday, Commissioner Marie-Josée Hoag said she was responsible for convincing her that disclosure of such evidence to investigation participants and the public could endanger national security. He said that the government has
If Hogue and her attorneys are not persuaded by the government’s arguments, she will request to present evidence at a hearing.
If, on the other hand, she agrees to a closed-door session known as an in-camera hearing, a summary of the evidence presented will be prepared for public viewing.
Hogue said if the government and the committee disagree about the need to keep certain information secret, he will notify the government of his intention to release the information.
As a result, the government would have the option of taking disputes to federal court.
“The Attorney General of Canada has previously informed the committee that certain evidence needs to be captured on camera for national security and other public interest reasons,” the notice states.
The investigation is delving into allegations of foreign interference by China, India, Russia and others in the 2019 and 2021 federal elections. A public hearing on the charges is scheduled to be held next month, with a report on the results scheduled for May 3.
Prime Minister Justin Trudeau said his government would support a public inquiry into foreign interference “every step of the way.”
Friday’s notice from Hogue follows an initial week of public hearings held in late January and early February that considered ways to be transparent about this highly sensitive subject. .
Federal lawyers recommended to the inquiry that releasing detailed information about threats of interference from China and elsewhere to the public through the ongoing committee proceedings risked exposing vital secrets.
They say the risk is exacerbated by a “mosaic effect.” The mosaic effect is the effect of attackers tracking small pieces of information over long periods of time and piecing them together to reveal a clearer picture.
Lawyers suggested options such as releasing some redacted material, releasing summaries of a “limited number of documents or topics,” and a closed hearing with subsequent release of the public summaries.
Committee has full access rights but does not necessarily have to be public
In a notice released Friday, Hogue gives federal authorities legal authority to make edits if the committee determines that the documents or information the government wants to protect are relevant and useful to research participants or the public. He said he would request that it be changed.
This could result in the committee’s lawyers challenging the blacked-out text or working toward releasing a summary of the classified information, the notice said.
If a person who is concerned about the safety of themselves, their family, or colleagues requests to testify behind closed doors, the Secretary will decide whether and how to provide such protection, the notice added.
“The committee will prepare a summary of this testimony and, before publishing it, will seek confirmation from the witness that the content contained therein will not put them or their loved ones at risk.”
Public Safety Minister Dominique LeBlanc testified earlier this month that the investigation would have full access to classified documents, even though some information cannot be made public.
John Doody, a lawyer for the Ukrainian Canadian Parliament and one of the participants in the hearing, testified that there is a big difference between the committee’s access to information about foreign interference and the public’s access to it.
“The public nature of this investigation must go beyond mere tokenism,” he said. “The public must be provided with as much information as possible.”