Justice Marie-Josée Hogue 'honoured' to lead foreign interference inquiry, hearing start to be determined
Inquiry will look at claims that China, Russia and other states meddled in Canadian elections
The federal government has chosen Justice Marie-Josée Hogue to lead a highly anticipated public inquiry into foreign interference Thursday, although the details — like when the hearings will start and how much of Hogue's work will be made public — haven't been settled.
Public Safety Minister Dominic LeBlanc formally announced Thursday morning that the Quebec Court of Appeal judge will preside over an independent inquiry investigating interference by China, Russia, other foreign states and non-state actors in the 2019 and 2021 elections. She is also tasked with looking at how intelligence flowed to decision-makers in the context of the past two elections.
"China is not the only country that seeks to interfere in an inappropriate way, and we wanted the commission and Justice Hogue to have the ability to follow the evidence as she is brought up-to-date by our intelligence agencies," LeBlanc told reporters.
WATCH | Justice Marie-Josée Hogue to lead public inquiry into foreign interference
It's not yet clear when the hearings will begin. Hogue officially becomes commissioner on Sept. 18, LeBlanc's office said.
In a brief statement, Hogue said she's "honoured" to helm the inquiry.
"It is vital that our electoral processes and democratic institutions be protected from foreign interference," she wrote.
"I look forward to this important work and will provide details on subsequent steps in due course."
Her runway is somewhat limited. According to her terms of reference, Hogue has to deliver an interim report by the end of February. A final report is due by the end of 2024.
Hogue's appointment comes after months of consultations between the government and opposition parties.
LeBlanc said the parties also agreed that the inquiry should start in the open, "so that Canadians will understand why certain highly classified intelligence information has to be treated by law in a confidential manner."
He said Hogue can then decide, in consultation with the commission's lawyers, which matters she'll hear in-camera and which will be presented during public hearings.
"The government is dictating none of that," said LeBlanc. "Justice Hogue will make those decisions, but like all previous inquiries it will be done following the law in Canada."
Intelligence in Canada is protected by national security laws. Richard Fadden, who served as head of the Canadian Security Intelligence Service and as national security adviser to two prime ministers, said he believes more intelligence can — and should — be made public.
"All governments take too narrow a view of what can be made public," he said.
"I think if she is inclined to be generous, she can protect national security while making a great deal of it public. You and I don't need to know which particular spy did a certain thing at a certain time, the names and whatnot, nor how that information was acquired. I would just urge her to take as broad a view as she can and take advice on it."
Hogue will have access to cabinet confidences
LeBlanc said Hogue will have access to any secure records she needs, including cabinet confidences. He said he can't imagine cabinet ministers — or the prime minister himself — refusing to testify if called.
"I would not imagine that I or my colleagues or senior officials would want anything but to be available and forthcoming with Justice Hogue should she decide that we can provide some relevant information," he said.
Thursday's announcement follows a series of media stories reports accusing China of interfering in the 2019 and 2021 elections. The Liberals have faced a barrage of questions about what they knew about the attempts and how government institutions handled intelligence.
The two main opposition parties were quick to claim credit.
WATCH | Conservatives 'accept' new foreign interference commissioner, says Scheer
"None of this would have happened had Conservatives not pushed the government and fought the attempted Liberal coverup every step of the way," said Conservative Leader Pierre Poilievre in a media statement.
"And while we accept the terms of reference and Commissioner for this inquiry, we will not hesitate to call them out again if this process doesn't deliver real answers for Canadians."
NDP MP Alistair MacGregor tweeted that New Democrats helped to secure an inquiry "through sustained pressure and leadership."
Parties say confidence in electoral system damaged
The road to a public inquiry has been a bumpy one.
Former governor general David Johnston was tasked with looking into allegations that China tried to meddle in the past two federal elections, but he resigned in June, saying his role had become too muddled in political controversy for him to continue.
Before his resignation, Johnston investigated media reports that questioned the government's handling of China's alleged interference activities in the 2019 and 2021 federal elections, and ultimately recommended against calling a public inquiry.
Officials have said that the 2019 and 2021 federal election results were not compromised. But in the wake of Johnston's probe, opposition MPs argued that a public inquiry into foreign interference is the only way to maintain Canadians' confidence in the electoral system.
House leaders from the main federal parties met over the summer in an attempt to set the terms and timeline for an inquiry, and to appoint a potential leader.
Last month, LeBlanc said his government was in talks with sitting judges about leading a public inquiry into alleged Chinese election interference. LeBlanc said he had also reached out to Supreme Court Chief Justice Richard Wagner on how to move forward.
Hogue's background in commercial, civil litigation
LeBlanc acknowledged Hogue does not have "detailed experience" in national security matters but said she will be approaching the issue with a fresh set of eyes.
"We believe Justice Hogue has all of the necessary experience, credentials and judgment to lead this important work. That view was shared by some of the country's most senior jurists with whom we've spoken," he said.
Hogue received her bachelor of civil laws from the Université de Sherbrooke in 1986 and was admitted to the Bar of Quebec the following year.
Over the course of her career, Hogue appeared before all levels of the Quebec civil courts, as well as the Supreme Court of Canada and domestic and international tribunals.
She was appointed to the Court of Appeal of Quebec on June 19, 2015.
According to her bio on the appeal court's website, "her main areas of practice were corporate commercial litigation, civil litigation and professional liability. She also practiced in administrative law and constitutional law."
While Hogue is still months away from making any recommendations, Fadden said there's no reason the Liberal government can't introduce national security legislation and launch a foreign agent registry in the meantime.
The federal government has hinted it will introduce legislation to create a registry to help prevent China and other countries from meddling in Canada's affairs.
"There are a number of areas where it's pretty obvious," Fadden said. "I think, will all due respect to the commissioner the government should move to deal with these in parallel."
China's embassy in Ottawa has repeatedly denied claims it has meddled in Canadian affairs.
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