Several members of Congress were indicted this week for conspiring with foreign governments, but the exact number and identities of those accused remain a mystery to the public and even to many of their fellow lawmakers.
The National Security and Intelligence Committee of Parliamentarians (NSICOP), a group of MPs and senators who hold top secret security clearances and are bound by permanent confidentiality obligations under the Information Protection Act, released a heavily redacted report on foreign political interference on Monday.
In it, NSICOP alleged that some MPs and senators were “knowingly” supporting foreign governments, such as China and India, to interfere in Canadian politics.
The allegations have sparked outrage and disbelief on Parliament House, with the Conservative Party calling on the Liberal government to reveal the identities of the lawmakers involved.
Public Security Minister Dominique Leblanc has refused to release the names, citing inappropriate behaviour and obligations under data protection law.
NSICOP chair David McGuinty said the committee cannot reveal the identities of the MPs named in the report because its “hands are tied.” He said it’s up to the RCMP to decide what happens next.
The RCMP said it would not comment on whether there was a criminal investigation into any MPs, but police did acknowledge they were investigating broader acts of foreign interference in Canada, “including issues related to our democratic institutions.”
What is the allegation?
According to the report, committee members investigated information that indicates certain members of Parliament are or have been “‘knowingly or knowingly’ participating in foreign activities that seek to interfere in Canadian politics.” The report said the alleged conduct of these members of Parliament included:
- They frequently contact foreign missions before or during political campaigns to garner support from community groups and businesses that they promise to covertly mobilize in favor of their candidates.
- Knowingly or unwittingly receiving funds or benefits from a foreign mission or its representative that are concealed or otherwise disguised to hide the source of the funds.
- Providing a foreign diplomat with confidential information about a fellow member of Congress’ activities or opinions, with the knowledge that the diplomat may use that information to exert improper pressure on the member of Congress to change his or her position.
- Responding to requests or instructions from foreign government officials to improperly influence a parliamentary colleague or the work of a member of parliament in favor of a foreign country’s interests.
- Providing secret government information to known foreign intelligence agents.
The report names China and India as countries that allegedly conspired with Canadian lawmakers.
Is the alleged conduct illegal?
National security and intelligence expert Wesley Work said he was sickened by the alleged acts detailed in the report, saying in some cases the acts “arguably” rose to the level of treason.
“Treason in the criminal code has existed for a long time and includes, for example, unlawfully transmitting information to a foreign country in peacetime,” Walke told CBC in an interview. Power and politics“Parts of the Criminal Code are sitting on the shelf, ready to be used.”
However, the NSICOP report itself states that while some of the activities it details may be illegal, it also argues that criminal charges are unlikely to be brought “due to Canada’s failure to address long-standing problems with protecting sensitive information and methods in judicial proceedings.”
Wesley Wolk, a senior fellow at the Center for International Governance Innovation, said the idea of members of Congress colluding with a foreign government was “sickening” and amounted to “treason.”
In other words, Canadian security agencies are struggling to turn intelligence into evidence.
Michel Tessier, who served as deputy director of operations at the Canadian Security Intelligence Service (CSIS) from 2018 to 2023, said this is a “big problem.”
“Other countries can allow protection for intelligence, for example allowing judges to see it, ask questions and make decisions based on classified information,” Tessier said. Power and politics“In Canada’s criminal justice system, there is full disclosure.
“The system is very cumbersome. There’s a lot of information that can’t be shared, and frankly, I think one of the most important things to consider is whether you can use that information in court while still protecting our national security interests.”
Should the identities of the accused members of parliament be revealed?
The Conservative party has called on Prime Minister Justin Trudeau to release the names of MPs suspected of involvement.
“Criminal prosecutions are not the only tool the government has at its disposal to counter the threat of foreign interference in Parliament,” Conservative foreign affairs critic Michael Chong said this week. Power and politics“Daylight and transparency are another tool that our security agencies have long been advocating that the government should use.”
The Liberal government argues it would be inappropriate to release the names because of the sensitive nature of the information.
A new national security report finds some MPs have colluded with foreign powers, but should their names be made public? Deputy Prime Minister Ryan Turnbull, Conservative foreign affairs critic Michael Chong and New Democrat foreign affairs critic Heather MacPherson appear on Power & Politics to discuss.
“My colleagues are well aware that a responsible government would not make public the names of MPs involved in specific intelligence activities,” LeBlanc said in the House of Commons in response to Chong’s demand that the prime minister make public the names of MPs.
“It is not entirely accurate to suggest that any responsible government that cares about Canada and the security of our democratic institutions would do something like that.”
Walk said he thinks simply naming lawmakers is a bad idea.
“We need to be very careful about publicly naming and shaming people. This would be very appealing to authoritarian countries that enjoy foreign interference and would be a way to subvert democracy,” he said.
“The real way forward is prosecution.”
Former CSIS Director Richard Fadden said he believed criminal charges were unlikely but that he believed the House and Senate should take it upon themselves to further investigate the allegations.
“There is constitutional convention that says each house has sole authority over its own proceedings and the treatment of its members,” Faden said.
“I will be instructing the ethics committee, the internal economics committee, party leadership, somebody in Parliament to make a decision. Once a decision is made that there has been a serious breach of the MP’s oath and his responsibilities to Canada, I think we should address the issue of whether the MP’s identity should be made public.”
The Congressional Committee on National Security and Intelligence released a report on Monday alleging that several unnamed members of Congress conspired with a foreign government to knowingly share classified information with agents in that country. Power & Politics spoke with former CSIS directors Richard Fadden and Ward Elcock about the shocking allegations.
The government has offered to brief opposition leaders on classified information who have obtained the necessary security clearances.
NDP Leader Jagmeet Singh and Green Party co-leader Elizabeth May have both said they would accept the government’s offer.
Bloc Quebecois’ Yves-François Blanchet said he was considering the offer.
Conservative party leader Pierre Poirievre has previously refused to provide classified information on foreign interference, saying it would limit his right to speak publicly on the issue.
