Conservative Leader Pierre Poilievre rises during question period in the House of Commons on Parliament Hill in Ottawa on Nov. 2, 2023. (Screenshot from ParlVu)
By Andrew Chen
Foreign interference commissioner Marie-Josée Hogue has denied the Conservatives’ appeal regarding participation in an upcoming public inquiry aimed at examining China’s election interference in Canada. She also dismissed concerns from a human rights coalition about granting standing to three individuals accused of ties to the Chinese regime.
In a Dec. 22 decision, Justice Hogue maintained her earlier decision on Dec. 4 to grant limited standing to the Conservative Party of Canada (CPC), rejecting their protests against their “intervener” status. The Conservatives said this status compromises the credibility of the inquiry, as it prevents them from questioning witnesses in the factual phase and denies them access to non-public information.
Justice Hogue justified her decision, stating, “I concluded that the CPC has a direct and substantial interest in the work of the Commission, but that this interest is of a general nature only.” Additionally, she expressed the belief that the CPC wouldn’t require cross-examining witnesses or accessing non-exhibit documents to make its “necessary contribution” to the inquiry.
The commissioner had granted full standing, or “full participation rights,” to the Government of Canada, and the CPC argued that it is unfair to deny the CPC full standing while granting that to the government led by the Liberal Party.
Facing the Conservatives’ protests, Justice Hogue defended her decision, noting a distinction between the government of the day and the political party controlling the House of Commons.
“My Terms of Reference concern the conduct of the Government of Canada rather than that of the Liberal Party,” she wrote.
The Conservatives say the decision to deny them standing at the inquiry “ruins” its credibility.
“Justin Trudeau will have government lawyers with full standing that represent his party’s interests. No other political party will have the same participation rights,” the Conservative Party said on social media on Dec. 22.
“The Conservative Party was the prime victim of foreign interference in the previous elections according to leaked documents. Excluding the Conservative Party from having full standing on the impact of foreign interference while allowing the Trudeau government to participate fully makes the result of the commission beyond repair.”
The public inquiry will unfold in two phases. In a Dec. 22 statement, the commission announced that the first phase will begin on Jan. 29, 2024. The hearings are expected to be held over five days and will take place in the Library and Archives Canada building, located at 395 Wellington Street in Ottawa. The second phase of the inquiry is slated to take place in fall 2024.
Initially mandated to submit a preliminary report by Feb. 29, 2024, the commission now requests an extension to May 3, 2024. According to the Dec. 22 statement, this request is to allow ample time for public processes and hearings on substantive issues. The commission plans to conduct the second stage concurrently with the first, allowing an extension for the first report without affecting the ultimate deadline of Dec. 31, 2024, for the second report.
Human Rights Coalition
Justice Hogue has extended full standing to MP Han Dong and Michael Chan, deputy mayor of Markham, Ont. Both individuals are central to allegations surrounding China’s interference in Canada’s 2019 and 2021 federal elections, which led to the initiation of the public inquiry. Mr. Dong and Mr. Chan have denied allegations of inappropriate ties to the Chinese consulate in Canada.
A coalition of human rights advocacy groups has urged Justice Hogue to reconsider her decision to grant full standing to Mr. Dong and Mr. Chan and Intervener status to Sen. Yuen Pau Woo. The group expressed concerns about their potential connections to and support for the Chinese Communist Party (CCP).
The coalition seeks to restrict Mr. Chan and Mr. Dong’s standing in the factual phase of the inquiry to the allegations of Chinese interference in the 2019 and 2021 general elections. This includes denying them access to other witnesses’ testimony, limiting their ability to interrogate witnesses, and barring participation in hearings beyond the specified allegations. Regarding Mr. Woo, Justice Hogue noted that while the coalition didn’t specify their desired recourse, it implied a call for the revocation of his Intervener standing.
Justice Hogue acknowledged the human rights coalition’s claim that certain individuals expressed “concerns about being questioned by Mr. Dong and Mr. Chan.” However, she dismissed these concerns, stating, “These concerns are important, but they are addressed through procedures set out in the Commission’s Rules of Procedure and do not warrant reconsideration of the Decision on Standing.”
She noted that the foreign interference commission, being an “independent and impartial body,” should not limit the standing of Mr. Chan, Mr. Dong, or Sen. Woo based on allegations of potential links to or support for China or the CCP. She added that the commissioner cannot make findings of fact or draw conclusions before hearing the evidence.
Mehmet Tohti, executive director of the Uyghur Rights Advocacy Project, said that individuals accused of affiliations with the CCP “should be at the hot seat to be questioned,” not the other way around.
“If judge expects us, as a witness, to be examined or cross examined by those 3 individuals who are allegedly tied up with CCP regime, she has no idea on the essence of this matter,” Mr. Tohti wrote in a Dec. 22 post on the platform X.
Addressing potential concerns from victims and witnesses, Justice Hogue noted that the foreign interference commission’s Rules of Practice provides a mechanism for witnesses to apply for alternative evidence reception due to concerns about retribution or reprisal.
Allegations
In March, Mr. Dong resigned from the Liberal caucus to sit as an Independent MP after a Global News report, citing anonymous national security sources, accused him of inappropriate ties to the Chinese Consulate.
The report said that in February 2021, Mr. Dong allegedly advised Han Tao, then-Chinese consul general in Toronto, that Beijing should delay releasing Canadians Michael Kovrig and Michael Spavor, who had been arbitrarily imprisoned in China for over two years at the time. Mr. Dong rejected the allegations and started legal proceedings against Global News in April.
Mr. Chan also faces allegations of engaging in improper activities related to the 2019 and 2021 general elections.
In February, The Globe and Mail, citing national security sources, reported that Canadian intelligence had warned Prime Minister Justin Trudeau and senior aides in 2021 about Mr. Chan’s alleged engagement with Zhao Wei, an official with the Chinese Consulate in Toronto. Mr. Zhao was expelled in May over his alleged attempt to intimidate Conservative MP Michael Chong for criticizing Beijing’s treatment of Uyghurs. Mr. Chan denies the allegations.
In a previous interview with The Epoch Times, Gloria Fung, president of Canada-Hong Kong Link and a human rights coalition member, expressed concerns about Mr. Woo’s perceived pro-Beijing remarks and actions.
Mr. Woo drafted a citizen petition against a foreign agent registry earlier this year and led a Parliament Hill protest in June, ostensibly against anti-Chinese racism but also opposing the registry. On Dec. 1, he attended a press conference supporting two Quebec organizations threatening to sue the RCMP that are currently under investigation for allegedly operating as secret Chinese police stations.
Mr. Dong and Mr. Chan didn’t respond to inquiries from The Epoch Times. In a Dec. 13 response to inquiries regarding concerns raised by the human rights advocacy group, Mr. Woo told The Epoch Times, “Those who have expressed concern about my participation should spell out publicly what specifically they object to.”