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EDITORIAL: Johnston’s nixing of public inquiry illogical

David Johnston, Independent Special Rapporteur on Foreign Interference, presents his first report in Ottawa
David Johnston, Independent Special Rapporteur on Foreign Interference, presents his first report in Ottawa on May 23, 2023. Photo by Sean Kilpatrick /THE CANADIAN PRESS

David Johnston said while he started out believing a public inquiry was necessary into Beijing’s interference with Canada’s democratic institutions, he now rejects the idea.

The reason, he said, in his report last week rejecting a public inquiry, is that “the sensitivity of the intelligence and the damage that would be done by revealing it, means that the ‘public inquiry’ would necessarily be held in camera.”

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This assertion makes no sense.

Obviously, significant amounts of testimony and evidence revealed by a public inquiry, with the power to subpoena documents and hear witnesses testify under oath, could be done in public without damaging national security.

For heaven’s sake, Johnston has just produced a 55-page, publicly available report, where he comments extensively on his views on Canada’s efforts to combat foreign interference, while providing a confidential annex to Prime Minister Justin Trudeau.

Is Johnston seriously suggesting an independent commissioner, approved by both the government and opposition parties, could not do the same thing?

Johnston said he plans to hold public hearings on some aspects of foreign interference.

Is he seriously suggesting an independent commissioner could not do the same thing?

Johnston cites the work of the all-party National Security and Intelligence Committee of Parliamentarians in his report, one of the agencies he is asking to review his findings, including his confidential annex.

NSICOP, created by Trudeau in 2017, publishes an annual, publicly available report on intelligence and security issues, with matters sensitive to national security redacted and sent only to the PM.

  1. David Johnston, special rapporteur on foreign interference, holds a press conference about his findings and recommendations, in Ottawa, May 23, 2023.

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  2. David Johnston, special rapporteur on foreign interference, holds a press conference about his findings and recommendations, in Ottawa, May 23, 2023.

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In 2019, NSICOP warned Trudeau and the public about growing interference by China not just in federal elections, but at all levels of government — federal, provincial, municipal and Indigenous — after reviewing thousands of pages of classified documents and interviewing security and intelligence officials in private.

NSICOP made extensive findings and recommendations to Trudeau on how to combat the growing threat of foreign interference to our democracy — which Trudeau ignored and has subsequently acknowledged he should have heeded.

So, let’s not pretend a public inquiry, headed by a competent commissioner, approved by all parties in Parliament, would be incapable of hearing evidence, reviewing documents and issuing a public report, mindful of what evidence and documents would have to be heard and read in private.