Houston, we have a website
The Foreign Interference Inquiry takes a first step out of the shadows
The Foreign Interference Commission, presided over by Quebec Justice Marie-Josee Hogue, stepped out of the shadows, where it has operated since September, and unveiled its website on November 10.
https://foreigninterferencecommission.ca
The most interesting feature of the news posted to the site concerns the initial composition of Justice Hogue’s legal team. (We are told that more lawyers beyond the eleven listed will be coming on board.)
What’s noticeable about the legal team is the presence of several key counsel from the Public Order Emergency Commission (POEC--remember that), including Shantona Chaudhry, who will serve as Commission lead counsel, Gordon Cameron, and Natalia Rodriguez.
They will now face a very different set of issues in terms of foreign interference. The POEC mostly concerned itself with policing matters and paid scant attention to intelligence issues or national security policy. Indeed, the POEC final report showed little understanding of the centrality of intelligence and little understanding of national security issues. Lawyers moving over from that inquiry to the foreign interference study will have to shift gears considerably and confront significant and complex intelligence issues, as the Commission’s terms of reference make clear.
Beyond the POEC veterans, the other eight appointed members of Justice Hogue’s legal team appear to have little to no experience of national security and intelligence issues. One of them served as law clerk to Justice Hogue. Justice Hogue herself has no apparent experience of national security or intelligence issues.
The Commission legal team will be back-stopped by Paul Cavaluzzo, who was the lead counsel for the Arar Inquiry, and who will serve as senior policy advisor.
The Commission is now engaged in a call for applications for standing by parties that can show “a direct and substantial interest in the subject matter of the inquiry in their application.” Applications must be submitted by November 22. Look for community advocacy groups and political party organizations to seek standing, if they can master the paperwork in time. Possibly civil liberties organizations. But too many grants of standing will gum up the works of what will have to be a strictly regulated and fast-moving inquiry. Indications are that determining standing will take up much of the remainder of the Commission’s time this month and possibly into December.
All the while the first report deadline looms (end of February 2024). And before that the Commission intends to hold public hearings (in “early” 2024). Though its web site doesn’t say so explicitly, its hands are tied on the subject matter for the public hearings it will hold. The Commission’s terms of reference indicate that its first public hearings should:
“identify the challenges, limitations and potential adverse impacts associated with the disclosure of classified national security information and intelligence to the public.”
That was a government win.
Furthermore the terms of reference suggest that the Commission will need to hear from a range of experts on national security confidentiality, including but not limited to government officials.
https://orders-in-council.canada.ca/attachment.php?attach=44169&lang=en
It will be interesting to see if media representatives are invited to participate in these hearings. That might be combustible!
What can be predicted is that there will be little time or room for other deliberations in the public hearings prior to completion of the Commission’s first report. And damn little time for the completion of the first report.
Stay tuned.
Cathy, Thanks. Some lawyers will have that experience. A category of judges who sit on the Federal Court known as "designated" judges have security clearances and experience with national security cases.
Hi Wesley,
So who would have experience here in Canada with foreign interference and national security and intelligence issues? Surely to God "the lawyers" are capable of shifting gears and learning new skills/information! We are a small, young country with lots to learn. S.o here's hoping