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espionage

Government-shackled interference inquiry unlikely to get answers

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10 minute read

From the MacDonald Laurier Institute

By Ryan Alford

” the commission will receive a large portion of its testimony in secret with no cross-examination by the parties. Additionally, the government will have the last word not merely on what information is provided to the inquiry, but on what the commission can publish — even in its final report “

The foreign interference inquiry into the 2019 and 2021 elections (also known as the “Hogue commission,” named for Commissioner Marie-Josée Hogue) is holding preliminary hearings this week. Those with experience with public inquiries in general, and with the Rouleau commission into the emergency powers declaration of 2022 in particular, can see it will be a failure.

When it comes to public inquiries, the government makes the rules, and when it says, “Heads I win, tails you lose,” the only winning move is not to play. Those rules, written by the cabinet in the form of a public inquiry commission’s mandate and terms of reference, allow the government to reveal and restrict information about its own failures as it sees fit.

The most important feature of the Hogue commission’s mandate is the restriction on the information provided to the inquiry: the terms of reference state plainly that if the government didn’t provide a confidential cabinet document to Special Rapporteur David Johnston back in 2023 when he was tasked with looking into election interference without the authority of a public inquiry, the commissioner won’t see it, either.

The details that made it into Johnston’s final report were far more tame than what the Canadian Security Intelligence Service (CSIS) allegedly told former Conservative leader Erin O’Toole when he led the party. O’Toole told Parliament that CSIS informed him that he had been targeted in an ongoing campaign of misinformation coordinated by the Chinese Communist Party (CCP). When asked, Johnston said that was news to him. (Subsequently, NDP MP Jenny Kwan added that CSIS had told her she was an “evergreen” target of Beijing.)

When Johnston was confronted about the discrepancies, he merely noted that the information CSIS revealed had not been made available to him at the time, and he had “reported on what was made available to us … the amount of information available was an ocean and we saw a very large lake.” (Unfortunately, Johnston could not see any issue with the political equivalent of investigating the causes of the sinking of the Titanic when directed to do so at Lac Tremblant).

Johnston concluded, based on the information provided to him by the government, that he could not attribute the misinformation spread during the 2021 election to state actors. Information coming from many unofficial sources — and via leaks — makes this untenable. Evidence also shows that Chinese Canadians in Richmond, B.C. were bombarded with slander targeting local Conservative MP Kenny Chiu on the WeChat social media platform.

The Hogue commission should add to its focus the activities of Senator Yuen Pau Woo — and the government’s knowledge of these activities. However, once again, the commission’s ability to investigate hinges entirely on the government’s willingness to hand over sensitive and potentially incriminating documents, and for those targeted by misinformation to speak freely knowing that information will be available immediately to those they named as their persecutors.

Until 2022, Woo served as the facilitator (i.e., caucus leader) of the Liberal-aligned Independent Senators Group. In a decision made on Dec. 4, Commissioner Hogue granted Woo the right to participate in the foreign interference inquiry as an intervenor, as “he will contribute the perspective of a political figure working to address issues of foreign interference while advocating for a community that risks being stigmatized or negatively impacted by counter-interference measures, whether proposed or put in place.”

Woo has been accused of adopting the CCP’s rhetoric but has denied working for China. Groups targeted by CCP intelligence operations in Canada (including Uyghurs and Hong Kongers) opposed Woo’s participation in the interference inquiry (along with that of politicians Han Dong and Michael Chan) on the ground that he would be allowed “access to sensitive information shared by witnesses or victims (and) will deter witnesses from speaking freely.”

Their concerns were aired around the same time as a report emerged alleging Woo had pledged to support the United Front, which is an arm of the CCP.  In December, investigative journalist Sam Cooper reported that a recording existed of Woo briefing the Canada Committee 100 Society — a Chinese cultural organization with ties to the United Front according to declassified American intelligence — in May of 2020. In that recording, Woo advised members that groups officially listed by the CCP as United Front Work Department (UFWD) organizations cannot (and presumably, will not) be considered agents of the Chinese state.

However, a Privy Council Office report from 2020 shows that the government knew the CCP’s UFWD had allegedly coordinated electoral interference through community groups. The report specified that the UFWD had facilitated electoral interference in 2019, noting that “the UFWD’s extensive network of quasi-official and local community and interest groups allow it to obfuscate communication and the flow of funds between Canadian targets and Chinese officials.” Despite all this, Woo had reassured the Canada Committee 100 Society that they could continue their activities.

It is already a given that the commission will receive a large portion of its testimony in secret with no cross-examination by the parties. Additionally, the government will have the last word not merely on what information is provided to the inquiry, but on what the commission can publish — even in its final report, as the commission’s terms of reference refer to disclosure procedures that clearly implicate the attorney general’s power to withhold information for the purpose of national security.

This is why the first two days of the inquiry were devoted to managing expectations about how the public’s right to know would need to be “balanced” against national security confidentiality and all the other reasons the government will invoke to justify withholding and censoring information.

It is ironic that at an inquiry made possible by whistleblowers within CSIS, those at the commission will be classed “persons personally bound to secrecy” by an order-in-council issued in tandem with the mandate of the Hogue commission. Most won’t mind; the Hogue commission hired a number of personnel who did yeoman service at the Rouleau commission, including its lead counsel and research council chair.

This time around, there have been no grand public assurances that the government is committed to providing unprecedented access to information. Rather, we’ve been put on notice that obfuscation and dithering over confidentiality will be used to beat us down.

Some parties, like the Uyghur Rights Advocacy Project, have already indicated they have had enough of the charade. Others, including those like members of Parliament Michael Chong and Jenny Kwan, who were the victims of shocking hostility and ineptitude from the CCP and the government, will likely persist, although it is already clear that they deserve much more information, and much better treatment from the Hogue commission.

As for myself, I can only say, “Fool me once, shame on you. Fool me twice, shame on me.”

Ryan Alford is a professor in the Bora Laskin Faculty of Law at Lakehead University and a senior fellow at the Macdonald-Laurier Institute.

Daily Caller

All Epstein Files Are In, Attorney General Reveals What Will Go Public Starting Thursday

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From the Daily Caller News Foundation

By Hailey Gomez

If something’s redacted, you will know the line, and you will know why it’s redacted, the victim’s name, identifying information of a victim.

U.S. Attorney General Pam Bondi said Monday evening on Fox News that the thousands of withheld files on deceased pedophile Jeffrey Epstein are now in the hands of the FBI, adding certain redactions will be made, with an explanation provided for each one.

The Department of Justice released the first phase of “The Epstein Files” — an over 100-page document — on Thursday, but it failed to contain a majority of new information, sparking controversy online. On “Hannity,” Fox’s Sean Hannity addressed the controversy, asking Bondi for her response. She said she had been informed fewer than 24 hours before the release that “there were way more documents that they were supposed to turn over.”

“You’re looking at these documents going, ‘These aren’t all the Epstein files.’ There were flight logs, there were names, victims’ names, and we’re going, ‘Where’s the rest of the stuff?’ That’s what the FBI had turned over to us,” Bondi said. “So a source said, ‘Whoa, all this evidence is sitting in the Southern District of New York.’ So based on that, I gave them the deadline, Friday at 8, a truckload of evidence arrived.”

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“It’s now in the possession of the FBI. Kash is going to get me, and himself really, a detailed report as to why all these documents and evidence had been withheld,” Bondi added. “We’re going to go through it, go through it as fast as we can, but go through it very cautiously to protect all the victims of Epstein, because there are a lot of victims.”

Before the release of “Phase One,” Bondi told Fox News last Wednesday that the DOJ would be releasing “some” of the files by Thursday, hoping the public would see “a lot of flight logs, a lot of names, a lot of information.” However, the DOJ and Trump administration faced pushback online after conservative influencers obtained a binder labeled “The Epstein Files: Phase 1.” Some of those influencers were seen smiling and holding it up outside the West Wing.

WATCH:

Hannity pressed Bondi about additional potential redactions in the files.

“National security, some grand jury information, which is always going to be confidential, but we’ll see. Let’s look through them as fast as we can. Get it out to the American people, because the American people have a right to know,” Bondi said. “Not only on that, but on Kennedy, on Martin Luther King, on all of these cases that the Biden administration has just sat on for all these years.”

“It’s really — it’s not sad. It’s infuriating that these people thought that they could sit on this information, but they can’t,” Bondi said. “And when we redact things, Sean, what we’re going to do is not just pull pages out like they used to do. If something’s redacted, you will know the line, and you will know why it’s redacted, the victim’s name, identifying information of a victim.”

Epstein was arrested and charged in 2019 with sex trafficking, only later to be found dead in his New York Metropolitan Correctional Center cell a month after his arrest. Since his death, Republicans, including Tennessee Sen. Marsha Blackburn, have called for the full, unredacted records of Epstein to be released to the public, which includes his infamous flight log.

After the release of phase one, Bondi requested that the FBI deliver the remaining documents to the DOJ by Friday at 8 a.m., tasking newly confirmed FBI Director Kash Patel with investigating “why the request for all documents was not followed.”

“We believe in transparency, and America has the right to know. The Biden administration sat on these documents. No one did anything with them. Why were they sitting in the Southern District of New York? I want a full report on that,” Bondi said.

“Sadly, these people don’t believe in transparency, but I think more, unfortunately, I think a lot of them don’t believe in honesty,” Bondi added. “It’s a new day. It’s a new administration, and everything’s going to come out to the public. The public has a right to know. Americans have a right to know.”

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Business

Trump and fentanyl—what Canada should do next

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From the Fraser Institute

By Ross McKitrick

During the Superbowl, Doug Ford ran a campaign ad about fearlessly protecting Ontario workers against Trump. I suppose it’s effective as election theatre; it’s intended to make Ontarians feel lucky we’ve got a tough leader like Ford standing up to the Bad Orange Man. But my reaction was that Ford is lucky to have the Bad Orange Man creating a distraction so he doesn’t have to talk about Ontario’s high taxes, declining investment, stagnant real wages, lengthening health-care wait times and all the other problems that have gotten worse on his watch.

President Trump’s obnoxious and erratic rhetoric also seems to have put his own advisors on the defensive. Peter Navarro, Kevin Hassett and Howard Lutnick have taken pains to clarify that what we are dealing with is a “drug war not a trade war.” This is confusing since many sources say that Canada is responsible for less than one per cent of fentanyl entering the United States. But if we are going to de-escalate matters and resolve the dispute, we should start by trying to understand why they think we’re the problem.

Suppose in 2024 Trump and his team had asked for a Homeland Security briefing on fentanyl. What would they have learned? They already knew about Mexico. But they would also have learned that while Canada doesn’t rival Mexico for the volume of pills being sent into the U.S., we have become a transnational money laundering hub that keeps the Chinese and Mexican drug cartels in business. And we have ignored previous U.S. demands to deal with the problem.

Over a decade ago, Vancouver-based investigative journalist Sam Cooper unearthed shocking details of how Asian drug cartels backed by the Chinese Communist Party turned British Columbia’s casinos into billion-dollar money laundering operations, then scaled up from there through illicit real estate schemes in Vancouver and Toronto. This eventually triggered the 2022 Cullen Commission, which concluded, bluntly, that a massive amount of drug money was being laundered in B.C., that “the federal anti–money laundering [AML] regime is not effective,” that the RCMP had shut down what little AML capacity it had in 2012 just as the problem was exploding in scale, and that government officials have long known about the problem but ignored it.

In 2023 the Biden State Department under Anthony Blinken told Canada our fentanyl and money laundering control efforts were inadequate. Since then Canada’s border security forces have been shown to be so compromised and corrupt that U.S. intelligence agencies sidelined us and stopped sharing information. The corruption went to the top. A year ago Cameron Ortis, the former head of domestic intelligence at the RCMP, was sentenced to 14 years in prison after being convicted of selling top secret U.S. intelligence to money launderers tied to drugs and terrorism to help them avoid capture.

In September 2024 the Biden Justice Department hit the Toronto-Dominion Bank with a $3 billion fine for facilitating $670 million in money laundering for groups tied to transnational drug trafficking and terrorism. Then-attorney general Merrick Garland said “TD Bank created an environment that allowed financial crime to flourish. By making its services convenient for criminals, it became one.”

Imagine the outcry if Trump had called one of our chartered banks a criminal organization.

We are making some progress in cleaning up the mess, but in the process learning that we are now a major fentanyl manufacturer. In October the RCMP raided massive fentanyl factories in B.C. and Alberta. Unfortunately there remain many gaps in our enforcement capabilities. For instance, the RCMP, which is responsible for border patrols between ports of entry, has admitted it has no airborne surveillance operations after 4 p.m. on weekdays or on weekends.

The fact that the prime minister’s promise of a new $1.3-billion border security and anti-drug plan convinced Trump to suspend the tariff threat indicates that the fentanyl angle wasn’t entirely a pretext. And we should have done these things sooner, even if Trump hadn’t made it an issue. We can only hope Ottawa now follows through on its promises. I fear, though, that if Ford’s Captain Canada act proves a hit with voters, the Liberals may distract voters with a flag-waving campaign against the Bad Orange Man rather than confront the deep economic problems we have imposed on ourselves.

A trade dispute appears inevitable now that Trump has signaled the 25 percent tariffs are back on. The problem is knowing whom to listen to since Trump is openly contradicting his own economic team. Trump’s top trade advisor, Peter Navarro, has written that the U.S. needs to pursue “reciprocity,” which he defines as other countries not charging tariffs on U.S. imports any higher than the U.S. charges. In the Americans’ view, U.S. trade barriers are very low and everyone else’s should be, too—a stance completely at odds with Trump’s most recent moves.

Whichever way this plays out Canada has no choice but to go all-in on lowering the cost of doing business here, especially in trade-exposed sectors such as steel, autos, manufacturing and technology. That starts with cutting taxes including carbon-pricing and rolling back our costly net-zero anti-energy regulatory regime. In the coming election campaign, that’s the agenda we need to see spelled out.

How much easier it will be instead for Canadian politicians to play the populist hero with vague anti-Trump posturing. But that would be poor substitute for a long overdue pro-Canadian economic growth agenda.

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