Parliamentary Committee Notes: List of Witnesses and Summaries
Study on the matter of Foreign Election Interference
Royal Canadian Mounted Police
Lisa Ducharme, Acting Director General, Federal Policing National Intelligence
Canadian Security Intelligence Service
Adam Fisher, Director General, Intelligence Assessments
Cherie Henderson, Assistant Director, Requirements
Communications Security Establishment
Lyall King, Director, Risk Mitigation Programs
As an individual
Charles Burton, Senior Fellow, Centre for Advancing Canada's Interests Abroad, Macdonald-Laurier Institute
David Mulroney, Former Ambassador of Canada to the People's Republic of China
MediaSmarts
Matthew Johnson, Director of Education
December 13, 2022 (Meeting 47)
Hon. Dominic LeBlanc, Minister of Intergovernmental Affairs, Infrastructure and Communities
Hon. Mélanie Joly, Minister of Foreign Affairs
Privy Council Office
Allen Sutherland, Assistant Secretary to the Cabinet, Machinery of Government and Democratic Institutions
Department of Foreign Affairs, Trade and Development
David Morrison, Deputy Minister of Foreign Affairs
Tara Denham, Director General, Office of Human Rights, Freedoms and Inclusion
Weldon Epp, Director General, North East Asia
November 22, 2022 (Meeting 41)
Elections Canada
Stéphane Perrault, Chief Electoral Officer
As an individual
Jim Judd, Former Director of Canadian Security Intelligence Service
DisinfoWatch
Marcus Kolga, Director
Security and Intelligence Threats to Elections Task Force
Adam Fisher, Director General, Intelligence Assessments, Canadian Security Intelligence Service
Lisa Ducharme, Acting Director General, Federal Policing National Intelligence, Royal Canadian Mounted Police
Lyall King, Director, Risk Mitigation Programs, Communications Security Establishment
Tara Denham, Director General, Office of Human Rights, Freedoms and Inclusion, Department of Foreign Affairs, Trade and Development
Elections Canada
Serge Caron, Deputy Chief Electoral Officer and Chief of Security, Digital Transformation Sector
Stéphane Perrault, Chief Electoral Officer
Canadian Security Intelligence Service
Michelle Tessier, Deputy Director, Operations
Communications Security Establishment
Alia Tayyeb, Deputy Chief of Signals Intelligence (SIGINT)
Office of the Commissioner of Canada Elections
Caroline Simard, Commisioner of Canada Elections, Office of the Commissioner of Canada Elections
Marc Chénier, Deputy Commissioner and Chief Legal Counsel
Summaries of meetings on Foreign Election Interference
Standing Committee on Procedure and House Affairs (PROC)
Thursday, February 9, 2023
11:00 a.m. to 1:00 p.m.
Report Prepared By
Stephan Dietz, Senior Analyst, Parliamentary Affairs
Topic of Meeting
Foreign Election Interference
Members in Attendance
- Liberal Party – Bardish Chagger (Chair), Ryan Turnbull, Jennifer O’Connell, Sherry Romanado, Ruby Sahota
- Conservative Party – Luc Berthold, Martin Cooper, Blaine Calkins
- Bloc Québécois – Marie-Hélène Gaudreau (Vice-Chair)
- New Democratic Party – Rachel Blaney
Appearing
11:00 a.m. to 1:00 p.m.
Canadian Security Intelligence Service
- Adam Fisher, Director General, Intelligence Assessments
- Cherie Henderson, Assistant Director, Requirements
Communications Security Establishment
- Lyall King, Director, Risk Mitigation Programs
Royal Canadian Mounted Police
- Lisa Ducharme, Acting Director General, Federal Policing National Intelligence
Summary
Mr. Cooper (CPC) began the meeting by seeking clarification on whether the first hour (public) and second hour (in camera) would only touch on unclassified information. Mr. King confirmed that would be the case and Mr. Cooper moved that the second hour be conducted in public. The motion carried.
Witness testimony touched a variety of topics that have previously been the focus of meetings, including election investigations, foreign election interference, foreign language capabilities in the intelligence services, foreign agent registry, and recommendations on areas for improvement.
At the end of the meeting, Mr. Cooper (CPC) moved a motion related to a February 8, 2023 Global News article by Sam Cooper alleging a report to the Prime Minister in June 2017 on Chinese election interference. The motion sought to:
- add additional meetings to committee’s study on foreign election interference;
- invite to appear before the committee: Katie Telford, Chief of Staff to the Prime Minister; Michael Wernick, Former Clerk of the Privy Council, and Daniel Jean, Former National Security and Intelligence Advisor to the Prime Minister; and
- order the production of documents of memoranda, briefing notes, records of conversations, emails, and other relevant documents related to report detailed in Global News article, and that the documents be produced within two weeks of the adoption of the motion.
The Liberals moved an amendment to the motion that would see the committee:
- add additional meetings to committee’s study on foreign election interference;
- invite to appear before the committee: Michael Wernick, Former Clerk of the Privy Council, and Daniel Jean, Former National Security and Intelligence Advisor to the Prime Minister.
The amendment to the motion was then carried with the Liberals and the NDP voting for, and the Bloc and the Conservatives voted against.
The motion as amended was then carried unanimously.
Election Interference
Mr. Calkins (CPC) questioned officials on what the bar should be for public notification of electoral interference – should it be if a single riding election has been impacted by electoral interference? Mr. Fisher replied that outside of electoral periods, efforts are being made to communicate where possible in an unclassified setting. He added that CSIS does not measure whether the interference changed the course of an election, but rather that an investigation is conducted as soon as evidence of interference is identified.
Ms. Blaney (NDP) asked the witnesses what foreign election interference looks like online and what measures are being taken to educate Canadians. Mr. King replied that there is often spillover from the US media and political ecosystem. He pointed to Russia sharing disinformation on COVID-19 as an example of something that did not necessarily target Canada, but was felt here.
Mr. Berthold (CPC) questioned if it was true that officials were being targeted by China. Ms. Henderson replied that it was true that all levels of government are susceptible for foreign actors – municipal, provincial, federal. She added that China was doing this but that other nations states were as well. Mr. Fisher confirmed that it was true that community leaders and organizations were used by China to conduct these operations.
In response to a question from Ms. Blaney (NDP) on notifying MPs when they are being influenced, Ms. Henderson stressed the importance of educating MPs so that they can recognize if they were being approached. She added that CSIS has unclassified documents on this, and that if there is a real threat to an MP, that they will intervene and have a discussion with the MP or candidate.
Election Investigations
In response to a question from Mr. Cooper (CPC), Ms. Ducharme confirmed that there are active investigations into foreign interference activities.
Mr. Cooper questioned Mr. King about why former CPC MP Kenny Chiu was kept in the dark about the investigation of election interference. Mr. King stated that it wasn’t a decision of the SITE task force and that it was a decision made by the panel on Critical Election Incident Public Protocol (CEIPC).
Recommendations
Ms. Sahota (LPC) and Ms. Blaney (NDP) questioned officials on what recommendations they had for the committee, particularly any gaps in policy or legislation. Ms. Henderson replied that the CSIS Act was created in 1984 and the many of the issues CSIS deals with our technological that were not foreseen when the Act was created. She added that CSIS is unable to share classified information with provincial or municipal partners and that they should be able to do this, and that the ability for the Service to use and crunch big data was a noted shortcoming. She added that it is time for a review of the CSIS Act and that other nations do this on a regular basis.
Both CSIS and the RCMP cited the process of turning intelligence into evidence as an area where additional resources and attention should be paid.
Foreign Agent Registry
Ms. Gaudreau (BQ) questioned whether having a foreign agent registry would be necessary to for intervene with greater vigilance. Ms. Ducharme replied that the RCMP would find that valuable. Ms. Henderson added that CSIS sees the benefit of a registry and have provided that advice to government, but that it was necessary to take the time to get it right.
Standing Committee on Procedure and House Affairs
February 7, 2023
12:00 a.m. to 1:05 p.m.
Report Prepared By
Charles MacLean, PCO – Legislation and House Planning
Topic of Meeting
Foreign Election Interference
Members in Attendance
- Hon. Bardish Chagger (LPC) (Chair)
- John Nater (CPC) (Vice Chair)
- Marie-Hélène Gaudreau (BQ) (Vice Chair)
- Luc Berthold (CPC)
- Rachel Blaney (NDP)
- Blaine Calkins (CPC)
- Michael Cooper (CPC)
- Hon. Greg Fergus (LPC)
- Jennifer O’Connell (LPC) for Mark Gerretsen (LPC)
- Sherry Romanado (LPC)
- Ruby Sahota (LPC)
- Ryan Turnbull (LPC)
Witnesses
- Charles Burton, Senior Fellow, Centre for Advancing Canada's Interests Abroad, Macdonald-Laurier Institute
- David Mulroney, Former Ambassador of Canada to the People's Republic of China
- Matthew Johnson, Director of Education, MediaSmarts
Summary
The committee resumed its study of foreign election interference and heard from stakeholders.
David Mulroney, former Canadian ambassador to China, stated that the People’s Republic of China (PRC) is the main foreign interference threat to Canada and outlined the PRC’s goals and it tools. He made four recommendations:
- anti-interference measures must be designed to counteract the PRC’s techniques e.g. use of proxies;
- a registry of foreign agents should be created and enforced; current and former elected officials and public servants need to be held to higher standards of transparency and public accountability;
- law enforcement needs to have better relations with diaspora communities to protect them from foreign interference; and
- Chinese diplomats who are involved in interference should be expelled, regardless of reprisals.
Charles Burton, senior fellow of the Macdonald-Laurier Institute, agreed with Mr. Mulroney’s testimony and focused on allegations that PRC diplomats were complicit in foreign election interference in 2019 and 2021. He argued that the PRC’s approach to foreign affairs involves deception, co-optation and corruption through its United Front initiative. He stated that the PRC ambassador oversees this approach in Canada. Mr. Burton outlined these efforts in correspondence to the committee in the fall. He suggested that the exceptionally large number of PRC diplomats in Canada may be engaged in United Front activities, and that CSIS should be in a position to confirm this.
Matthew Johnson of MediaSmarts advocated for medial literacy education in schools to build resiliency to misinformation. He recommended the Finnish model where digital literacy is integrated into all courses. He recommended adopting a national media literacy strategy with partners and PTs, and funding its implementation.
Questions
2021 Election
In response to questions from Mr. Cooper (CPC) and Mr. Berthold (CPC), Mr. Burton stated that he believes that PRC foreign interference influenced the outcome in the riding of CPC candidate Kenny Chu. Mr. Burton stated that the federal government does not have the capacity to respond to mandarin language interference.
In a follow-up question, Ms O’Connell (LPC) stated that Mr. Chu and the CPC could have raised their concerns with the government agencies that were monitoring and responding to foreign interference. Mr. Burton stated that the alleged interference activities intensified after polls reported the possibility of a CPC minority government, and that the number of activities made it difficult to respond.
When asked by Mr. Cooper (CPC) whether the Government has been transparent about the extent of foreign election interference, Mr. Barton stated that Canada is much less forthcoming than Five Eyes partners. He recommended that more information be shared, e.g. through briefings to parliamentarians. Mr. Mulroney said that interference that impacts a single riding disenfranchises voters. He stated that the bar for briefing out on foreign interference needs to be revised.
Diaspora Communities
Mr. Berthold (CPC) asked whether donations to the Pierre Elliott Trudeau Foundation were an example of the PRC attempting to influence the Government. Mr. Burton speculated about the potential use of members of the Chinese diaspora community as proxies. However, he clearly stated that there was no evidence to support this and that allegations should not be made in the absence of evidence.
In a follow-up question, Ms Sahota (LPC) raised concern that singling out specific diaspora communities without evidence was inappropriate in a multicultural country. Mr. Barton stated that members of all diaspora communities should participate in the democratic processes, provided that they support liberal democracy and do not have divided loyalties.
Ms Blaney (NDP) stated that law enforcement does not know how to respond to complaints of foreign interference from the Uyghur community in Canada. Mr. Mulroney acknowledged that the response needs to be improved.
Foreign Agents Registry
Ms O’Connell (LPC) asked Mr. Mulroney whether he advised the previous government to establish a foreign agents registry. Mr. Mulroney stated that he was only aware of the foreign interference threat from the PRC after he returned to Canada. He stated that previous governments were appropriately security-conscious.
Ms Gaudreau (BQ) asked witnesses whether the Government may be downplaying a foreign agents registry because it does not want to contribute to anti-Asian racism. Ms Gaudreau referred to statements made by Minister Mendicino before the Canada-China Special Committee on February 6, 2023. Mr. Mulroney noted that the PRC targets diaspora communities. He recommended that the Government first announce that it is creating a foreign agents registry to send a message to the PRC, and then consult diaspora communities on implementation.
In a follow-up question, Ms Blaney (NDP) asked whom the Government should consult in establishing a foreign agents registry. Mr. Barton stated that the Canadian Coalition on Human Rights in China has requested that there be a government organization to report foreign interference. He stated that the obligation to register would fall on individuals receiving a benefit from a foreign state and not on diaspora communities.
Media Literacy
Ms Blaney (NDP) asked how to reach rural and Indigenous communities in media literacy efforts. Mr. Johnson stated that equitable access is the key element to building media literacy. Media literacy strategies must be whole-of-society and focus on the needs of adults as well as students.
Ms O’Connell (LPC) asked whether legislation should be introduced to require platforms to advise users about hidden hashtags. Mr. Johnson declined to comment on the legislation, but stated that users should be made aware of them.
When asked by Ms O’Connell (LPC) whether media literacy education could address the use of small media outlets as proxies, Mr. Johnson stated that media literacy education could address misinformation from large and small media organizations.
Five Eye Partners
Mr. Cooper (CPC) asked Mr. Mulroney to provide his assessment of Canada’s response to PRC foreign interference. Mr. Mulroney stated that the US, UK and Australia have each had issues with PRC foreign interference and that these countries are acting to counter the PRC. By comparison, Mr. Mulroney stated that the PRC is targeting Canada because it is comparatively easier. He stated that PRC interference in Canada is growing.
Foreign Interference before 2019
In response to a question from Mr. Turnbull (LPC), Mr. Burton stated that there has been an increase in PRC foreign interference in recent years and that General Secretary Xi Jinping has allocated additional resources to the United Front. He anticipates that the PRC will increase its foreign interference activities in the future, if Canada does not take enforcement action.
Foreign Funding
In response to a question from Ms Gaudreau (BQ) about how to improve Canada’s response to foreign election interference, Mr. Mulroney suggested that additional systems should be implemented, e.g., tracking foreign funding as it passes through different organizations.
NB – Mr. Cooper (CPC) quoted Ms O’Connell (LPC) when asking a question about the Government’s response to foreign election interference. When asking her first question, Ms O’Connell asked Mr. Cooper to table the full quotation, so as not to mislead the committee. Mr. Cooper did not respond.
Standing Committee on Procedure and House Affairs
Dec 13, 2022
11:00 a.m. to 1:00 p.m.
Report Prepared By
Charles MacLean, PCO – Legislation and House Planning
Topic of Meeting
- Hybrid Proceedings
- Foreign Election Interference
Members in Attendance
- Hon. Bardish Chagger (LPC) (Chair)
- John Nater (CPC) (Vice Chair)
- Marie-Hélène Gaudreau (BQ) (Vice Chair)
- Luc Berthold (CPC)
- Rachel Blaney (NDP)
- Blaine Calkins (CPC)
- Michael Cooper (CPC)
- Hon. Greg Fergus (LPC)
- Mark Gerretsen (LPC)
- Sherry Romanado (LPC)
- Ruby Sahota (LPC)
- Ryan Turnbull (LPC)
Witnesses
- Hon. Mélanie Joly, P.C., M.P., Minister of Foreign Affairs
- Hon. Dominic LeBlanc, P.C., M.P., Minister of Intergovernmental Affairs, Infrastructure and Communities
- David Morrison, Deputy Minister of Foreign Affairs, GAC
- Allen Sutherland, Assistant Secretary to the Cabinet, Machinery of Government and Democratic Institutions, Privy Council Office
Summary
In the first hour, the committee met in camera to consider the draft report on hybrid proceedings.
During the second hour, the committee resumed its study of foreign election interference with the appearance of Minister LeBlanc and Minister Joly.
In his opening remarks, Minister LeBlanc stated that Canadian elections are free and fair and acknowledged the role of non-partisan public servants in protecting democratic institutions. The Minister acknowledged that Canada has been a target for foreign election interference and outlined the strategy that the Government put into place in 2019 to combat foreign interference in democratic institutions.
Minister Joly outlined the threat posed by Russian disinformation which aims to disrupt western democracies. The Minister noted that Canada has not been a specific target of Russian disinformation, but stated that Canada has implemented specific measures to combat this threat all the same.
Minister Joly stated that China has become more sophisticated in implementing online campaigns to quickly influence Canadians and other peoples worldwide. China can micro-target its messaging to specific communities. Minister Joly has raised this threat with her Chinese counterparts. Minister Joly outlined the approach to China in the recent Indo-Pacific Strategy, which includes protecting Canadian infrastructure and democracy (including elections) from foreign interference.
Questioning
CPC members focussed exclusively on the whether the Ministers were aware of foreign interference, either the allegations in the Global article or any other incidents. CPC members cited a Foreign Intelligence Briefing from February 2020 that referenced an active foreign interference network.
LPC members focused on the strategy put in place in 2019 to combat foreign election interference, the engagement of registered parties in the House as part of the strategy, and how the strategy compared to the approach in elections before 2019.
Both the BQ and NDP sought to obtain additional public information on the Govt’s strategy in order to build public trust in elections. The BQ asked about thresholds for the CEIPP to alert the public about incidents. The NDP member argued that the 11 candidates referred to in the Global article should be named.
Highlights
Interference in the 2019 Election
- Michael Cooper (CPC) asked Ministers whether they had been briefed on allegations of foreign interference in the 2019 election. Minister LeBlanc noted that he was updated by security and intelligence officials as part of routine briefings. He was not able to discuss details in a public forum. Minister Joly stated that she did not have any briefings on the 2019 Election. She noted the NSIA’s statements before NDDN to the effect that there was no evidence of the allegations.
- When asked by Mr. Cooper (CPC) whether China interfered with the 2019 election, Minister LeBlanc stated that there are ongoing attempts to interfere, but that Canada’s robust security apparatus is able to address them. The Minister cited experts who stated that there were no adverse impacts on the outcome of the election. DM Morrison stated that the he was not aware of any spike in foreign interference during either the 2019 or 2021 elections in his capacity of acting NSIA.
- When asked by Mr. Cooper (CPC) about the February 2020 foreign intelligence briefing, Minister Joly stated that Canada’s national security networks are able to track interference and the RCMP is positioned to investigate possible offences.
- Luc Berthold (CPC) asked whether the ministers were aware of specific incidents of foreign election interference. Minister LeBlanc spoke about the general nature of the briefings he received and stated that it would be inappropriate to provide detailed information about them. The Minister said that statements made in the House by the Prime Minister on this issue were accurate. Minister Joly stated that she was not aware of any incidents.
Targeted Candidates
- Rachel Blaney (NDP) argued that the names of the 11 candidates who were allegedly targeted by foreign election interference should be made public in order to limit the impact that the allegations may have on public trust. Minister Joly stated that this issue should not be politicized. The Minister noted that neither she, not the PM nor the NSIA were aware of any foreign interference suggested by the allegations. Both Minister Joly and Minister LeBlanc acknowledged that these allegations could undermine public trust.
Production of Papers
- When asked by Mr. Berthold (LPC) why GAC provide no records about foreign election interference, Minister Joly stated that she did not have information about this issue. She clarified that she does have records about disinformation which targets democratic institutions.
Indo-Pacific Strategy
- Mr. Berthold (CPC) asked whether Minister Joly was briefed on Chinese interference during the development of the Indo-Pacific Strategy. The Minister stated that she sometimes receives briefings on attempts of foreign interference in general. She noted that her role is to engage foreign states to assert that foreign interference is not acceptable.
Critical Election Incident Public Protocol (CEIPP)
- Marie-Hélène Gaudreau (BQ) asked about the threshold for alerting the public to foreign election interference. Minister LeBlanc stressed that panel members exercised this authority independently from Government. He noted that they evaluated information from security briefings and there was no activity that needed to be made public. Minister Joly stated that it was for the panel to determine its threshold. DM Morrison stated that the panel did not see a spike in activity and did not have to consider whether to announce anything to the public.
- In response to a question from Ms Gaudreau (BQ) about enhancing the response to foreign election interference, Minister LeBlanc committed to provide the committee, to the extent possible, feedback from an evaluation being conducted of the CEIPP during the 2021 election.
Engagement with Registered Parties in the House
- Ryan Turnbull (LPC) noted the CPC was briefed on foreign interference threats as part of the Government’s strategy. Minister LeBlanc spoke about how it was a priority of the Government to brief registered parties on threats and measures to respond.
- In response to a question from Ms Blaney (NDP), Asst Secretary Sutherland outlined how classified briefings were provided by PCO and national security and intelligence partners to registered parties represented in the House. He stated there was good engagement on the part of the parties. Minister LeBlanc and Mr. Sutherland noted that the briefings created a channel of communication that would allow the parties to raise concerns from their candidates and for national security officials to reach out if there was specific information that they wanted to make parties aware of.
Foreign Interference in Previous Elections
- When asked by Ruby Sahota (LPC) and Greg Fergus (LPC) about measures in place before the 2015 election, Ministers Joly and LeBlanc stated that the measures implemented in 2019 were the first measures to protect Canadian elections from foreign interference. Minister Joly stated that the threat of foreign election interference has been known for some time.
- In responding to a similar question from Mr. Turnbull (LPC), Minister LeBlanc undertook to table a document prepared by PCO that outlines measures taken since 2016 to combat foreign election interference.
Accountability to Parliament
- When asked by Ms Gaudreau (BQ) about how to provide transparency to parliamentarians and to help build public trust, Minister LeBlanc noted that the National Security and Intelligence Committee of Parliamentarians can access classified information and would be in a position to assure Canadians that there was no foreign election interference.
Prosecuting Foreign Election Interference
- Ms Blaney (NDP) asked about the steps to address foreign election interference such as investigation and prosecution. Mr. Sutherland outlined the CEIPP process and repeated that the CEIPP did not find interference activities that were significant enough to announce to the public.
Standing Committee on Procedure and House Affairs
Nov 22, 2022
11:00 a.m. to 1:00 p.m.
Report Prepared By
Charles MacLean, PCO – Legislation and House Planning
Topic of Meeting
Expanding the Federal Jurisdiction for the Operational Security of the Parliamentary Precinct to Include Sections of Wellington St and Sparks St
Foreign Election Interference
Members in Attendance
- Hon. Bardish Chagger (LPC) (Chair)
- John Nater (CPC) (Vice Chair)
- Marie-Hélène Gaudreau (BQ) (Vice Chair)
- Luc Berthold (CPC)
- Daniel Blaikie (NDP) for Rachel Blaney (NDP)
- Blaine Calkins (CPC)
- Michael Cooper (CPC)
- Hon. Greg Fergus (LPC)
- Mark Gerretsen (LPC)
- Sherry Romanado (LPC)
- Ruby Sahota (LPC)
- Ryan Turnbull (LPC)
Witnesses
Stéphane Perrault, Chief Electoral Officer, Elections Canada
Summary
In the first hour, the committee met in camera to consider the draft report on expanding federal jurisdiction for operational security to sections of Wellington and Sparks Streets.
During the second hour, the committee resumed its study of foreign election interference with a focus on allegations in a recent news article about the 2019 election campaign.
The Chief Electoral Office (CEO) appeared. In brief opening remarks, the CEO explained that there is a process in place to respond to alleged non-compliance with the foreign funding prohibitions of the Canada Elections Act. Allegations should be referred to the Commissioner of Canada Elections for investigation. In answering questions, the CEO stressed that he has no role in determining whether there is non-compliance.
During the meeting, the CEO frequently cautioned committee members against drawing inferences from the article. He stated that an investigation and court process would be necessary to confirm whether there was foreign election interference. In addition, the CEO said that the statements in the article, if true, did not necessarily mean there was foreign election inference. He suggested that the article could instead indicate there was corruption.
Questioning
CPC members focused on whether the allegations were reported for investigation and whether an investigation was launched. CPC members also engaged the CEO about thresholds for identifying and acting on foreign interference. CPC expressed interest in inviting the Commissioner to answer these questions.
LPC members focused on findings that the 2019 and 2020 elections were free and fair, and on how to instill confidence in the electoral system.
The BQ member primarily asked broad, open-ended questions about improving the current process.
The NDP member focused on how to instill confidence in the electoral system, and on recommendations made by the CEO about modifying the foreign funding prohibitions in the Canada Elections Act.
Highlights
Investigation
- In response to questions from Michael Cooper (CPC), the CEO stated he was not aware that the allegations in the article were referred to the Commissioner for investigation. However, he stressed that the Commissioner is independent from the CEO, and that he was unable to comment on the Commissioner’s activities.
- In response to questions from Luc Berthold (CPC) and John Nater (CPC) about thresholds for demonstrating foreign election interference, the CEO stated that it can be very difficult to link financial irregularities to foreign election interference. He noted that it was not his role to identify foreign interference, rather it is the Commissioner’s role to investigate allegations of non-compliance with the Canada Elections Act.
Preparations
- When asked by Mr. Nater (CPC) why the CEO was concerned about the potential for foreign interference in the 2019 election, when this was not a concern in the 2015 election, the CEO stated that 2016 US election demonstrated the risk. He stated that he met with PCO and CSE to begin preparations to respond to the risk.
Current Risk Assessment
- When asked by Mr. Nater (CPC) to describe the biggest risk related to foreign election interference going forward, the CEO stated that he relies on CSIS for this type of assessment.
Assessment of Recent Elections
- Ryan Turnbull (LPC) asked the CEO to confirm that the 2019 and 2021 elections were free and fair. The CEO stated that he was unaware of any facts that would lead him to conclude otherwise.
- Mr. Cooper (CPC) asked the CEO whether there could be specific incidents of foreign interference, even if an election was generally free and fair. The CEO agreed that there could be irregularities during an election, but that evidence of irregularities alone should not be used to make inferences about foreign election interference.
Public Confidence
- When asked by Ruby Sahota (LPC) how to instill public confidence in the electoral process, the CEO stated that it was important for the Elections Canada to communicate to Canadians about the process for responding to allegations to ensure transparency.
- When asked a similar question by Daniel Blaikie (NDP), the CEO stated that there was a high level of alertness about the risk of foreign election interference in 2019 and that Elections Canada and its partners were prepared. He outlined actions taken to mitigate the risk, such as briefings to registered parties represented in the House.
Election Financing Prohibitions
- In response to a question from Hélène Gaudreau (BQ), the CEO stated that Canada’s political financing laws are strong compared to other countries.
- Mr. Blaikie (NDP) expressed interest in the CEO’s recommendations for amendments to extend the prohibition on foreign funding to the pre-election period, and to require third parties that receive foreign funds to report these contributions and to keep them separate from funds that are used for election activities (i.e. no co-mingling).
Standing Committee on Procedure and House Affairs
Nov 3, 2022
11:00 a.m. to 1:00 p.m.
Report Prepared By
Charles MacLean, PCO – Legislation and House Planning
Topic of Meeting
Foreign Election Interference
Members in Attendance
- Hon. Bardish Chagger (LPC) (Chair)
- John Nater (CPC) (Vice Chair)
- Marie-Hélène Gaudreau (BQ) (Vice Chair)
- Luc Berthold (CPC)
- Rachel Blaney (NDP) - Alistair MacGregor (NDP) for Ms Blaney in the first hour
- Blaine Calkins (CPC)
- Michael Cooper (CPC)
- Hon. Greg Fergus (LPC)
- Mark Gerretsen (LPC)
- Sherry Romanado (LPC)
- Ruby Sahota (LPC)
- Ryan Turnbull (LPC)
Witnesses
First Hour
Security and Intelligence Threats to Elections Task Force
- Tara Denham, Director General, Office of Human Rights, Freedoms and Inclusion, Department of Foreign Affairs, Trade and Development
- Lisa Ducharme, Acting Director General, Federal Policing National Intelligence, Royal Canadian Mounted
- Adam Fisher, Director General, Intelligence Assessments, Canadian Security Intelligence Service
- Lyall King, Director, Risk Mitigation Programs, Communications Security Establishment
Second Hour
- Jim Judd, Former Director of Canadian Security Intelligence Service
- Marcus Kolga, Director, DisinfoWatch
Summary
The committee resumed its study of the foreign election interference. Representatives of the departments on the Security and Intelligence Threats to Elections Task Force (SITE) appeared in the first hour. In the second hour, the committee heard from
First Hour
In his opening remarks, Lyall King, CSE, gave an overview of the mandate, roles and responsibilities of the Security and Intelligence Threats to Elections Task Force.
Second Hour
In the second hour, Mr. Kolga of the NGO DisinfoWatch, outlined his organizations’ analysis that Chinese state actors engaged in a disinformation campaign to interfere in the riding of former CPC MP Kenny Chu in the 2021 election. Mr. Kolga stated that the Kremlin engages in continuous foreign interference. This includes efforts to amplify vaccine hesitancy and anti-lockdown narratives, which were key issues during the 2021 election. Russia has also focused on marginalizing and dehumanizing parliamentarians of Ukrainian descent, including Minister Freeland.
Jim Judd stated that he undertook a review the critical election incident protocol and the panel of senior officials during the 2019 election, as mandated by the protocol. He noted that he did not have access to classified information during his review as his review focused on processes.
Questioning
2021 General Election
- When asked by Mr. Cooper (CPC) about the impact of foreign interference on the outcome in Mr. Chu’s riding, Mr. Kolga stated that there is no evidence that these efforts influenced the outcome. When prompted by Mr. Cooper, Mr. Kolga also stated that it was not possible state that the foreign interference activities did not influence the outcome. Mr. Kolga suggested that Mr. Chu was targeted by China because he introduced a PMB to establish a registry of foreign agents.
- When asked by Ms Romanado (LPC) about the benefits of a foreign agents registry, Mr. King (CSE) and Adam Fisher (CSIS) stated they were not in a position to comment, but noted that SITE members consult with other jurisdictions to learn from their best practices.
- Mr. Cooper (CPC) asked whether Mr. Chu or the public were informed of foreign interference actions against Mr. Chu during the last election in accordance with the protocol. Mr. Fisher (CSIS) stated that he cannot speak to specifics. He stated that any observed interference actions would have been brief up to the panel of five senior public servants for their decision on informing candidates or the public, if a certain threshold was met. Mr. King (CSE) stated that the SITE group was not in a position to comment on decisions of the panel. Mr. Fisher and Mr. King stated that activities were observed before, during and after the election. Tara Denham (GAC) stated that it was not clear whether the source of the activities was a foreign state actor, individuals or a combination of the both.
- Ms O’Connell (LPC) challenged statements that the outcome in Mr. Chu’s riding was impacted by foreign interference and inquired about whether Russian foreign interference impacted Minister Freeland’s riding in the 2021 election. Mr. Kolga agreed that there was no evidence that foreign interference impacted the outcome, but did not have time to speak about Minister Freeland’s riding.
- In response to a question from Mr. Fergus (LPC), Mr. Kolga stated that, in his view, Russia’s broad disinformation efforts about vaccines and mandates had a greater impact on the election than China’s targeted approach.
Critical Election Incident Protocol
- When asked by Mr. Cooper (CPC) about improvements to the Protocol, Mr. Kolga stated that the protocol appears to have worked. He could not speak about thresholds for informing candidates and Canadians of foreign interference.
- In an exchange with Mr. Kolga, Ms Gaudreau (BQ) concluded that the protocol is not adequate to deal with the increased threat to Canadian elections.
- In response to a question from Ms Gaudreau (BQ), Mr. Kolga recommended expanding the activities of the SITE and broadening participation.
- When asked by Ms Gaudreau to rate Canada’s efforts to counter foreign electoral interference (with Finland, as the baseline), Mr. Kolga stated that Canada is approaching a 7 on 10. Mr. Judd recommended Singapore as a state that was advanced in combatting foreign election interference.
Foreign State Actors
- In response to a question from Mr. Fergus (LPC), Mr. King (CSE) stated that he was not able to provide details about the activities of China and Russia in social media. He noted that China and Russia have different interests. Mr. Fisher (CSIS) added that, in general, Russia is more inclined to interfere to disrupt and undermine our system of government with messaging that casts doubt on institutions. China is more focused on compromising individuals and disrupting organizations from the inside. Mr. Fisher stated that China was the foremost aggressor in this space.
- Mr. Nater (CPC) asked whether foreign state actors are able to influence outcomes through foreign elections interference, which can target diaspora groups. Mr. Kolga agreed that this is possible.
- Ms O’Connell (LPC) asked whether INCEL platforms can be used for foreign state actors to spread disinformation and misinformation. Mr. Fisher (CSIS) stated that this is theoretical possibility.
Cybersecurity
- When asked by Ms Gaudreau (BQ) whether Canada is sufficiently equipped to protect itself from cyberattacks, Mr. King (CSE) stated that it is an ever-changing environment. He emphasized resilience as the key factor in being able to respond to attacks.
- In response to a question from Mr. Nater (CPC), Mr. King (CSE) stated that there had been no breach to Elections Canada IT infrastructure.
Social Media Platforms
- When asked by Mr. MacGregor (NDP) how parliamentarians can assist SITE in fostering relationships with social media platforms, Ms Denham (GAC) said it is important to encourage social media platforms to sign onto the voluntary Declaration of Election Integrity Online. She noted that the Declaration leads to cooperation among the platforms. She noted that GAC monitors international efforts to combat foreign interference and to seeks to discuss the issue in the appropriate fora.
- Ms Blaney (NDP) asked whether remote and rural communities are more vulnerable to disinformation given the importance that social media plays in keeping them connected. Mr. Kolga agreed and recommended mobilizing society and media to raise awareness.
Resources and Tools
- When asked by Mr. MacGregor (NDP) about what parliamentarians should look at when examining SITE’s resourcing and activities. Mr. King (CSE) declined to comment on legislative initiatives and emphasized the need to engage social media. Mr. Fisher (CSIS) stated that social media is an evolving threat and the CSIS Act has not kept up in terms of data collection.
- In a follow-up question from Mr. Calkins (CPC), Mr. Fisher declined to give specifics, but noted that the CSIS Act was created in 1984 and that there have been significant technological advances since then. Mr. King (CSE) stated that the recent modernization of the CSE Act has been beneficial to the CSE.
Enforcement
- When asked by Mr. Calkins (CPC) about how agencies respond to foreign interference, Mr. Fisher (CSIS) outlined some of the options available to CSIS engage partners or diminish a threat. Lisa Ducharme (RCMP) stated that the Service looks at the criminality of the interference (e.g. criminal offences). The RCMP has a mandate to support the Cmmr For Canadian Elections in election investigations.
- In a follow-up request, Mr. Calkins (CPC) asked for a written description of how responding to foreign interference can be streamlined, given the short duration of elections.
Marginalized Groups as Targets
- In response to a question from Ms Blaney (NDP), Mr. Kolga stated that vulnerable groups should have access to trusted source information through local and niche media.
Classified Briefings to Parliamentarians
- When asked by Ms Romanado (LPC) about which parties were selected for classified briefings, Mr. King (CSE) stated that PCO’s S&I Secretariat brokered the meetings.
Public Awareness
- When asked by Ms Gaudreau (BQ) about how to raise public awareness of the threat, Mr. King (CSE) outlined various online products that are available to educate the public. He also stated that it is important for the public to evaluate the source of information and noted that SITE and Elections Canada are trusted sources. Mr. Fisher (CSIS) acknowledged that CSIS has a robust stakeholder engagement process to raise awareness.
Pre-Election Period
- In response to question from Ms O’Connell, Mr. Judd expressed concern that the protocol only applies to the election period and not to the pre-election period.
Follow-Up / Suivi
- In a follow-up request, Mr. Calkins (CPC) asked for a written description of how responding to foreign interference can be streamlined.
- Ms Gaudreau (BQ) asked for a list of best practices from Five Eyes Partners and a list of tools needed to do their work.
Next Steps / Prochaines étapes
- The Subcommittee on Agenda and Procedure will meet on November 15 and the committee will meet in camera on November 17 to consider draft reports
Standing Committee on Procedure and House Affairs
Nov 1, 2022
11:00 a.m. to 1:00 p.m.
Report Prepared By
Charles MacLean, PCO – Legislation and House Planning
Topic of Meeting
Foreign Election Interference
Members in Attendance
- Hon. Bardish Chagger (LPC) (Chair)
- John Nater (CPC) (Vice Chair)
- Marie-Hélène Gaudreau (BQ) (Vice Chair)
- Luc Berthold (CPC)
- Rachel Blaney (NDP)
- Blaine Calkins (CPC)
- Michael Cooper (CPC)
- Hon. Greg Fergus (LPC)
- Jennifer O’Connell (LPC) for Mark Gerretsen (LPC)
- Sherry Romanado (LPC)
- Ruby Sahota (LPC)
- Ryan Turnbull (LPC)
Witnesses
First Hour
- Stéphane Perrault, Chief Electoral Officer,
- Serge Caron, Deputy Chief Electoral Officer and Chief of Security, Digital Transformation Sector, Elections Canada
- Caroline Simard, Commissioner of Canada Elections
- Marc Chénier, Deputy Commissioner and Chief Legal Counsel, Office of the Commissioner of Canada Elections,
Second Hour
- Michelle Tessier, Deputy Director, Operations, Canadian Security Intelligence Service
- Alia Tayyeb, Deputy Chief of Signals Intelligence (SIGINT), Communications Security Establishment
Summary
The committee began its study on foreign election interference. The Chief Electoral Officer and the Commissioner of Canada Elections appeared in the first hour. CSIS and CSE appeared in the second hour.
First Hour
The Chief Electoral Officer stated that Elections Canada has not experienced any IT breaches or interference with its operations. Elections Canada is not aware of any efforts by foreign actors to undermine the ability of Canadians to vote. Elections Canada identifies inaccurate information about the electoral process from either domestic or foreign sources, and puts out the correct information. Elections Canada works with partners to counter foreign interference. Elections Canada has worked with CSE to improve its IT systems and with CSIS and the CSE on foreign threats.
The Commissioner outlined her mandate as it relates to responding to complaints about foreign interference during the electoral period. She did not observe a significant change in the number of complaints about foreign interference during the last two elections. She noted that it can be complex to investigate foreign entities. Her office works with key national security and law enforcement agencies to identify potential foreign interference threats.
Second Hour
Michelle Tessier, Deputy Director, Operations, CSIS, provided an overview of foreign interference in elections and democratic institutions. Ms Tessier explained CSIS’ role in working with partners to combat foreign interference in the 2019 and 2021 elections.
Alia Tayyeb, Deputy Chief of Signals Intelligence (SIGINT) at CSE, outlined that Canada and Canadians are targeted by foreign interference. She stated that most online foreign interference comes from Russia, China and Iran. The CSE has provided cybersecurity advice and guidance to Elections Canada on its IT systems.
Questioning
Misinformation
- In response to questions from Sherry Romanado (LPC), Rachel Blaney (NDP) and Hélène Gaudreau (BQ), about combatting misinformation, the Chief Electoral Officer stated Elections Canada promotes itself as the trusted source for election information. Elections Canada monitors over 70 platforms in a number of languages to identify and respond to inaccurate information.
- When asked by Ms Blaney (NDP) about communities that are vulnerable to misinformation, the Chief Electoral Officer stated that CSE is engaging in outreach activities to bridge the gap with communities that are more susceptible to misinformation.
- When asked by Ruby Sahota (LPC) and Ms Blaney (NDP) about misinformation on social media, the Chief Electoral Officer noted that it is important for social media companies to make public their policies on inaccurate election information so that Canadians are aware of how this information is dealt with. CSE stated there is excellent collaboration with industry partners on countering disinformation. For social media located in other countries, CSE attempts to determine whether a foreign government is using these platforms to interfere in Canada and takes appropriate action.
- Ryan Turnbull (LPC) asked whether social media used by right-wing groups can be considered foreign interference as the algorithms originate in other countries. CSE stated that its efforts focus on foreign state actors and not individuals. CSE sees activities by individuals as within the purview of social media companies to manage.
- In response to a question from Michael Cooper (CPC), CSIS stated that it is concerned about foreign interference via Canadian foreign language media and that all media are potential vectors for foreign interference.
- Jennifer O’Connell (LPC) asked whether foreign influence included sowing doubt in Canadian institutions like the electoral process or Bank of Canada. CSIS agreed and noted that foreign interference seeks to promote divisive debate. During COVID-19, hostile state actors were interested in spreading disinformation and in espionage on vaccine research.
Right Wing Ideologically Motivated Extremism
- When asked by Ms Sahota (LPC) whether law enforcement has been slow to respond to right-wing extremism, CSE stated it was not in a position to comment, but confirmed that CSE and its partners treat all ideologically motivated extremism seriously.
Foreign State Actors
- In response to a question from Ms Sahota (CPC), the Chief Electoral Officer agreed that the main foreign interference threats come from Russia, China and Iran. He noted that his chief concern is to protect against interference and cyber breaches and not the source of the threat.
- In response to a question from Blaine Calkins (CPC) about whether foreign state actors are able to influence election outcomes by targeting key ridings, CSIS declined to comment directly. However, CSIS has stated in public that it is concerned about foreign interference in democratic processes and that interference attempts have been increasing. In response to a follow-up question from Ryan Turnbull (LPC), CSIS confirmed that the attempts at foreign interference in democratic processes have not been successful in influencing election results.
- In response to a direct question from Mr. Cooper (CPC) about whether China interfered in the last federal election, CSIS stated that China is involved in promoting its interests internationally. CSIS has stated publicly that it is concerned about threats to Canada by the Chinese Communist Party. CSIS spoke about activities such as proxy agents or threats to Canadian communities can be used as foreign interference.
- When asked by Mr. Calkins (CPC) whether there are parliamentarians or staffers who are compromised, CSIS stated that they are targeted and that CSIS encourages them to reach out to the Service for advice.
Foreign Funding
- Mr. Cooper (CPC) asked the Chief Electoral Officer whether C-76, Elections Modernization Act, addressed the risk of foreign funding influencing election campaigns. He argued that C-76 did not address a foreign entity that donated to a Canadian organization, which in turn donated to a Canadian organization to engage in third party electoral activities. The Chief Electoral Officer clarified that if the funds were not used for a regulated activity, there is no prohibition on the foreign funding. The Chief Electoral Officer has made a recommendation to prevent comingling of funds for organizations that receive foreign funding.
- In response to a question from Mr. Cooper (CPC) about the number of complaints related to foreign interference, the Deputy Cmmr stated that there were 10 complaints about foreign interference in the 2019 election and 13 complaints in the 2021 election.
Political Donations
- Mr. Cooper (CPC) cited a CSIS report on foreign interference to ask how much money was being donated by foreign state actors. CSIS declined to comment on details, but confirmed that there is sufficient risk of foreign donations to raise the issue publicly.
Mail-in Ballots
- In response to a question from Sherry Romanado (LPC) about stories that that 200,000 mail-in ballots were not counted during the last election, the Chief Electoral Officer stated that there was no indication that these mail-in ballots would have impacted results. He stated that some electors decided to vote in person; some ballots were received late; and some ballots were improperly marked and could not be counted.
Covert Interference
- In response to a question from Mr. Calkins (CPC) about the possibility of covert influence (e.g. chat groups), the Chief Electoral Officer stated that there could potentially be covert interference. Elections Canada is not able to investigate these situations, but works with CSIS and CSE on foreign interference.
Enforcement
- When asked by Ms Gaudreau (BQ) about how to better combat foreign interference, the Deputy Cmmr recommended that the Act could be amended to explicitly prevent undue influence when a foreign entity (check against transcript). Ms Gaudreau asked for additional information in writing.
Enumeration
- When asked by Mr. Calkins (CPC) whether returning to enumeration would help combat foreign interference, the Chief Electoral Officer strongly disagreed.
Pre-election Period
- When asked by Ms Blaney (NDP) how to improve trust in the electoral system during the pre-election period, the Chief Electoral Officer stated it was important to make the public aware of the resilience of the electoral system. The Cmmr stated that it is important for Canadians to make complaints backed up by evidence about potential foreign interference.
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