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Government-shackled interference inquiry unlikely to get answers

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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.

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2025 Federal Election

CHINESE ELECTION THREAT WARNING: Conservative Candidate Joe Tay Paused Public Campaign

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Sam Cooper's avatar Sam Cooper

Now, with six days until Canada’s pivotal vote—in an election likely to be decided across key Toronto battleground ridings—it appears that Tay’s ability to reach voters in person has also been downgraded.

Joseph Tay, the Conservative candidate identified by federal authorities as the target of aggressive Chinese election interference operations, paused in-person campaigning yesterday following advice from federal police, The Bureau has learned.

Two sources with awareness of the matter said the move came after the SITE Task Force—Canada’s election-threat monitor—confirmed that Tay is the subject of a highly coordinated transnational repression operation tied to the People’s Republic of China. The campaign seeks not only to discredit Tay, but to suppress the ability of Chinese Canadian voters to access his campaign messages online, via cyber operations conducted by Beijing’s internet authorities.

Now, with six days until Canada’s pivotal vote—in an election likely to be decided across key Toronto battleground ridings—it appears that Tay’s ability to reach voters in person has also been downgraded.

Tay, a journalist and pro-democracy advocate born in Hong Kong, is running for the Conservative Party in the Don Valley North riding. Federal intelligence sources have confirmed that his political activities have made him a top target for Beijing-linked online attacks and digital suppression efforts in the lead-up to next week’s federal election.

Tay’s need to suspend door-knocking yesterday in Don Valley North echoes concerns raised in a neighbouring riding during the 2021 federal campaign—where The Bureau previously uncovered allegations of Chinese government intimidation and targeting of voters and a Conservative incumbent. According to senior Conservative sources, Chinese agents attempted to intimidate voters and monitor the door-to-door campaign of then-incumbent MP Bob Saroya in Markham–Unionville.

Paul Chiang, a former police officer who unseated Saroya in 2021, stepped down as a candidate earlier this month after the RCMP confirmed it was reviewing remarks he made to Chinese-language media in January. During that event, Chiang reportedly said the election of Tay—a Canadian citizen wanted under Hong Kong’s National Security Law—to Parliament would cause “great controversy” for Canada. He then suggested, in a remark reported by a Chinese-language newspaper, that Tay could be turned over to the Toronto Chinese Consulate to claim the $180,000 bounty on his head. Chiang apologized after the comments were reported, claiming his remarks had been made in jest.

In a briefing yesterday, SITE disclosed that Tay has been the victim of similarly threatening online messaging.

One Facebook post circulated widely in Chinese-language forums declared: “Wanted for national security reasons, Joe Tay looks to run for a seat in the Canadian Parliament; a successful bid would be a disaster. Is Canada about to become a fugitive’s paradise?”

Tay, a former Hong Kong broadcaster whose independent reporting from Canada has drawn retaliation from Beijing, rejected Chiang’s apology in March, calling the remarks “the tradecraft of the Chinese Communist Party.” He added: “They are not just aimed at me; they are intended to send a chilling signal to the entire community to force compliance with Beijing’s political goals.” His concerns were echoed by NGOs and human rights organizations, which condemned Chiang’s comments as an endorsement of transnational repression.

In light of the RCMP’s reported advice to Tay this week, the challenges faced by Conservative candidates attempting to meet Chinese Canadian voters in Greater Toronto appear to reflect a broader and troubling pattern.

According to multiple senior figures from Erin O’Toole’s 2021 Conservative campaign—who spoke on condition of anonymity—O’Toole’s team was briefed by Canadian intelligence officials that Chinese government actors were surveilling then-incumbent MP Bob Saroya during the campaign. One source recalled, “There were Chinese officials following Bob Saroya around,” adding that “CSIS literally said repeatedly that this was ‘coordinated and alarming.’”

When asked to comment, O’Toole—who stepped down as leader following the Conservative’s 2021 loss—acknowledged awareness of voter intimidation reports but declined to confirm whether CSIS had briefed his team directly on the matter.

“Our candidate Bob Saroya was a hardworking MP who won against the Liberal wave in 2015,” O’Toole wrote in a statement. “He won in 2019 as well,  but thousands of votes from the Chinese Canadian community stayed home in 2021. We heard reports of intimidation of voters. We also know the Consul General from China took particular interest in the riding and made strange comments to Mr. Saroya ahead of the election. It was always in the top three of the eight or nine ridings that I believe were flipped due to foreign interference.”

SITE’s new findings on Tay’s campaign in Don Valley North reinforce those long-standing concerns. “This is not about a single post going viral,” SITE warned. “It is a series of deliberate and persistent activity across multiple platforms—a coordinated attempt to distort visibility, suppress legitimate discourse, and shape the information environment for Chinese-speaking voters in Canada.”

The Task Force said the most recent wave of coordinated online activity occurred in late March, when a Facebook post appeared denigrating Tay’s candidacy. “Posts like this one appeared en masse on March 24 and 25 and appear to be timed for the Conservative Party’s announcement that Tay would run in Don Valley North,” SITE stated in briefing materials.

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2025 Federal Election

Ottawa Confirms China interfering with 2025 federal election: Beijing Seeks to Block Joe Tay’s Election

Published on

Sam Cooper's avatar Sam Cooper

The announcement marks the first time SITE has publicly confirmed that China is directly seeking to block the election of a particular candidate during the 2025 federal election—an election already shadowed by growing concern over Chinese interference through cyber operations and diaspora political networks.

One week before Canadians head to the polls, Ottawa has confirmed an escalation in China’s election interference efforts, identifying Conservative candidate Joseph Tay as the target of a widespread and highly coordinated ongoing transnational repression campaign tied to the People’s Republic of China.

The SITE Task Force—Canada’s agency monitoring information threats during the election—formally disclosed today that Tay, the Conservative Party candidate for Don Valley North, is the victim of inauthentic online amplification, digital suppression, and reputational targeting orchestrated by networks aligned with Beijing’s foreign influence operations.

The announcement marks the first time SITE has publicly confirmed that China is directly seeking to block the election of a particular candidate during the 2025 federal election—an election already shadowed by growing concern over Chinese interference through cyber operations and diaspora political networks.

“This is not about a single post going viral,” SITE warned. “It is a series of deliberate and persistent activity across multiple platforms—a coordinated attempt to distort visibility, suppress legitimate discourse, and shape the information environment for Chinese-speaking voters in Canada.”

SITE said the most recent coordinated activity occurred in late March, when a Facebook post appeared denigrating Tay’s candidacy. “Posts like this one appeared en masse on March 24 and 25 and appear to be timed for the Conservative Party’s announcement that Tay would run in Don Valley North,” SITE stated in briefing materials.

One post, circulated widely in Chinese-language spaces, featured an image that read: “Wanted for national security reasons, Joe Tay looks to run for a seat in the Canadian Parliament; a successful bid would be a disaster. Is Canada about to become a fugitive’s paradise?”

Significantly, according to The Bureau’s analysis, the post’s message resembles earlier remarks made by then-Liberal MP Paul Chiang to a small group of Chinese journalists in Toronto in January—comments made shortly after Tay’s inclusion on a Hong Kong bounty list was first publicized.

Chiang reportedly told the journalists that Tay’s election would raise significant concern due to the bounty he faced, before suggesting that Tay could be turned over to the Chinese consulate in Toronto.

Tay, a Hong Kong-born human rights advocate, was named in December 2024 by Hong Kong authorities as one of six overseas dissidents subject to an international arrest warrant and monetary bounty. His photograph appeared on a wanted list offering cash rewards for information leading to his capture—an unprecedented move that Canadian officials condemned as a threat to national sovereignty.

“The decision by Hong Kong to issue international bounties and cancel the passports of democracy activists and former Hong Kong lawmakers is deplorable,” SITE stated today. “This attempt by Hong Kong authorities to conduct transnational repression abroad—including by issuing threats, intimidation or coercion against Canadians or those in Canada—will not be tolerated.”

However, while facing an international wave of criticism, Prime Minister Mark Carney did tolerate his candidate’s alleged role in this activity. When asked earlier in the campaign whether he stood by Chiang, Carney said the Liberal MP retained his confidence. Chiang ultimately stepped down only after the RCMP confirmed it was reviewing the matter.

Chiang, who had been endorsed by Prime Minister Carney, was replaced as the Liberal candidate by Peter Yuen, the former Deputy Chief of the Toronto Police Service.

As The Bureau previously reported, Yuen traveled to Beijing in 2015 with a delegation of Ontario Chinese community leaders and politicians to attend a major military parade hosted by President Xi Jinping and the People’s Liberation Army—an event commemorating the Chinese Communist Party’s Second World War victory over Japan.

Yuen’s presence at that event—and his subsequent appearances at diaspora galas alongside leaders from the Confederation of Toronto Chinese Canadian Organizations (CTCCO), a group cited in national security reporting—has drawn media scrutiny.

Both Chiang and Yuen have stated that they strongly support Canada’s rule of law and deny any involvement in inappropriate activities.

According to SITE’s findings, Tay’s campaign has been the focus of two parallel strands of foreign influence since the beginning of the writ period. The first involves inauthentic and coordinated amplification of content related to Tay’s Hong Kong arrest warrant, including repeated efforts to cast doubt on his fitness for office. This activity has spanned multiple platforms commonly used by Chinese-speaking Canadians, including WeChat, Facebook, TikTok, RedNote, and Douyin.

The second strand is a deliberate suppression of Tay’s name in both simplified and traditional Chinese on platforms based in the People’s Republic of China. When users attempt to search for Tay, the platforms return only information related to the Hong Kong bounty—effectively erasing his campaign content and political biography from the digital public square.

While SITE noted that engagement levels with the disinformation remained limited, the timing, repetition, and cross-platform consistency led the Task Force to conclude this is a serious case of foreign interference.

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