Commons report on foreign interference calls for registry of agents, new criminal offences

A new Commons committee report on foreign interference calls on Canada to establish a foreign influence registry "as soon as possible" and to create new criminal offences to cover all interference operations.

The report, released Tuesday by the House of Commons privacy committee, makes 22 recommendations meant to improve Canada's response to foreign interference activities and enhance national security transparency.

Recommendation 18 calls on the federal government to quickly create a registry of foreign agents in Canada. The committee cautions that a registry can't be established "with the view that it will solve all interference problems."

"It does believe, however, that a registry is a sound protective measure that would ensure greater transparency with regard to foreign actors operating in Canada," says the report.

CBC News has reported the federal government plans to create a registry and table a bill this year.

Under a foreign agent registry, people who act on behalf of a foreign state to advance its goals would have to disclose their ties to the government employing them.

The idea of such a registry — versions of which exist in Australia and the United States — is to make those dealings more transparent, with the possibility of fines or even prison time for failing to comply.

Committee vice-chair and Liberal MP Mona Fortier did not provide a timeline for establishing a registry but said the government wants to create one "the right way" and ensure there are no unintended consequences for minority groups.

In a statement sent to CBC News, Jean-Sébastien Comeau, spokesperson for Public Safety Minister Dominic LeBlanc, said the registry "is part of a suite of legislative changes we are considering to modernize and strengthen our national security regime." 

"We will take the time to get it right, as we will also take the time to closely examine the recommendations made by the House Ethics Committee," the statement added.

The report also calls on the federal government to establish new offences under the Criminal Code that cover "all foreign interference operations, including harassment and intimidation by a foreign state, and that it provide appropriate sanctions."

The report says there are no punitive sanctions for the general act of foreign interference in the Criminal Code or any other federal statute. Because of this, the report says, the RCMP uses other sanctions and legislative tools in the Criminal Code or the Security of Information Act.

The report says experts told the committee there are "major gaps" in Canadian law when it comes to punishing foreign influence agents, including Canadians who are recruited by foreign states. 

The report also cited testimony from Dan Stanton, a former CSIS intelligence officer, who told the committee the Security of Information Act has some mechanisms to prosecute foreign interference.

Stanton said that under section 20 of the Act, it is an offence for someone to attempt to commit an act that increases the capacity of a foreign entity or is reasonably likely to harm Canadian interests.

The law also says anyone who commits an offence under section 20 "is guilty of an indictable offence and is liable to imprisonment for life."

Stanton told the committee that he feels it's already possible to bring forward prosecutions for foreign interference operations that are subject to the Security of Information Act.

Conservatives criticize call for online platform accountability

Shortly after the report was released, the Conservative Party of Canada released a dissenting opinion criticizing recommendation 16, which suggests the federal government hold online platforms accountable for publishing false or misleading information.

"Conservatives believe that this recommendation endorses the regulation or censorship of the online speech of Canadians in contravention of their Charter right to free expression," the dissenting opinion said.

Committee vice-chair and Bloc Québécois MP René Villemure disputed the objection and said he doesn't think "holding media companies accountable has anything to do with freedom of expression."

Fortier said it was "disappointing" to see a dissenting report and she wasn't aware the document was going to be released.

Reporters asked the vice-chairs how they define "online platforms," and whether the term applies to social media platforms alone or to news organizations like the Globe and Mail or CBC News.

Villemure said what the committee had in mind is social media giants like Facebook, Google or Instagram, but "that doesn't exclude anything at this point."

"When we say online, that's anything that's online," Villemure said.

Report calls for stronger penalties for intelligence leaks

In the report, the committee also calls on the federal government to strengthen rules and penalties governing "illicit disclosure of national security intelligence."

In late 2022, articles were published in the Globe and Mail and Global News alleging Chinese foreign interference in Canadian elections. Some of these articles were based on top secret intelligence, including one piece written by an anonymous national security official.

The prime minister's top national security official told CBC News the source behind the leaks will be found and punished.

Villemure said he does not approve of leaks in general "but I'm forced to say that in this case, it helped a lot."

"What we should be looking at is not who leaked in order to punish, but instead working on what was leaked and fix it," he continued.

As for the government's response to the entire report, Villemure said Ottawa has 60 days to respond to the committee.