OTTAWA – A former public safety minister says he is very worried the unfolding conversation about some parliamentarians being complicit in foreign interference is becoming a “kangaroo court.”
Marco Mendicino told a commission of inquiry into foreign meddling Thursday it is important to follow due process under the law before jumping to conclusions about the conduct of parliamentarians.
The National Security and Intelligence Committee of Parliamentarians said in June that some unnamed elected officials were “semi-witting or witting” participants in the efforts of foreign states to interfere in Canadian politics.
The blunt assertion by NSICOP, an intelligence watchdog made up of MPs and senators who are sworn to secrecy, prompted concerns that people knowingly involved in interference might still be active in politics.
Mendicino, who served as minister until July of last year, stressed the need for caution.
“I am very worried that the entire conversation around foreign interference and parliamentarians is being transformed into a kangaroo court with very little regard for the process of understanding how we assess intelligence, especially given its rapidly evolving nature,” he said Thursday.
Mendicino, a Toronto Liberal MP, said the advice of non-partisan security officials should be heeded if a parliamentarian is suspected of aiding a foreign adversary.
If appropriate, he added, the matter should then be turned over to law enforcement.
New Democrat MP Jenny Kwan has told the inquiry the NSICOP report has cast a cloud of suspicion over parliamentarians, especially lawmakers of Chinese and Indian heritage, as the report identifies China and India as the principal perpetrators of interference.
Kwan said it exposes these parliamentarians to significant risks, noting she has been harangued by protesters on Parliament Hill shouting, “Are you a traitor?”
Kwan has acknowledged that information in the NSICOP report was based on intelligence, not evidence that could be used in court.
However, in the interest of clearing the air she has proposed that parliamentarians who are semi-witting or unwitting participants in foreign interference be made aware and duly warned.
Kwan has suggested the parliamentarians in question be called to testify before a closed parliamentary committee and given a chance to respond. After the review, a decision could be made as to the best course of action and whether to disclose names.
In response to questioning by a lawyer for Kwan, Mendicino expressed concerns Thursday about the proposal.
“Parliament is, in its very essence, a partisan atmosphere,” Mendicino said, adding there is a need to be careful about establishing such a committee “made up of partisan actors.”
He said before “we rush to judgment” on the loyalty of a parliamentarian, it is essential “we are methodical and that we are faithful to the due process requirements of the law and the Charter before we leap to conclusions.”
Mendicino talked about obtaining cabinet approval for additional measures to fight foreign interference and developing legislation, calling it a “highly complicated, nuanced, precise drafting exercise” undertaken by policy experts and lawyers.
He said given “how emotionally charged this subject is,” it was important to get the legislation off on the right foot and first consulting the public, primarily on the creation of a foreign influence transparency registry.
Some Canadians had concerns about “potentially being stigmatized or stereotyped” and that the legislation might go too far.
In addition, Mendicino said, the government was grappling with an unprecedented wave of issues including the COVID-19 pandemic, the “Freedom Convoy” protests, Russia’s invasion of Ukraine and leaks to the media of information about foreign interference.
Earlier this year, well after Mendicino had left the public safety portfolio, Parliament approved Bill C-70, which includes a foreign influence registry and several other tools to fight interference.
The process of transforming a memorandum to cabinet into legislation “was not easy, but I am very pleased that it is now law,” Mendicino said.
The inquiry has heard that in early 2021 it took 54 days for a Canadian Security Intelligence Service warrant application to be approved by Bill Blair, who preceded Mendicino as public safety minister.
The average turnaround time for such applications is four to 10 days.
The inquiry has been exploring possible reasons for the delay. Blair is expected to be asked about the matter when he appears at the inquiry Friday.
Mendicino said warrant application reviews were prioritized during his tenure.
“When they came up, they were put on my desk without any undue delay, and I made sure to take the time that was necessary to read them and (ask relevant questions),” he said.
Mendicino said he was mindful of what was at stake in terms of national security and those who work to protect it. He indicated he was also conscious of the Federal Court’s demands that warrant applications be complete and accurate.
“This was not easy work, and it was not work that could be rushed, but it was a top priority during my time as minister of public safety.”
Foreign Affairs Minister Mélanie Joly told the inquiry Thursday that after reading about an episode in the newspaper in May last year she took steps to improve the flow of intelligence to her office about foreign interference in Canada.
“I could see that I didn’t have access to it,” she said in French during her appearance.
An intelligence leak to the media at the time alleged that Zhao Wei, a Chinese diplomat in Canada, had engaged in meddling.
A summary of Joly’s closed-door July 2024 interview with the commission says she had “previously been unaware of this intelligence” and immediately requested information from CSIS on the matter.
Zhao was ultimately kicked out of Canada.
This report by The Canadian Press was first published Oct. 10, 2024.
