Conclusion
Special Report on Foreign Interference in Canada's Democratic Processes and Institutions
171. This report represents the third time the Committee has reviewed the government’s response to threats of foreign interference. Its 2018 report introduced the Committee to the threat in the specific context of the Prime Minister’s official visit to India. Its 2019 report was a more thorough examination of foreign interference activities from 2015 to 2018. Although the Committee opted not to study electoral interference in light of the government’s early efforts to counter specific threats in this area, its recommendations to counter foreign interference were sufficiently broad to address interference across a wide spectrum, including democratic processes and institutions (see Annex D). Given the risks posed by foreign interference to Canada’s national security, the Committee expected the government to act. It was slow to do so. Indeed, the Prime Minister has acknowledged publicly that the government needed to do a better job of following up on the Committee’s recommendations. Footnote 411
172. In the Committee’s view, this delay contributed in part to the crisis in which the government found itself in late 2022 and early 2023. A number of unauthorized leaks of intelligence raised significant concerns about the state of foreign interference in Canada and in our democratic processes and institutions. The Prime Minister requested three separate reviews, one by the Independent Special Rapporteur on Foreign Interference, one by the National Security and Intelligence Review Agency, and one by this Committee. Specifically, he asked the Committee to “assess the state of foreign interference in federal election processes” with respect to “foreign interference attempts that occurred in the 43rd and 44th federal general elections, including potential effects on Canada’s democracy and institutions.” Footnote 412
173. The Committee accepted the Prime Minister’s request, expanding its scope in order to conduct a review that captured the broader issues of foreign interference in our democratic processes and institutions. This review revealed that the reforms implemented by the government in 2018 were insufficient to address foreign interference in democratic processes and institutions. While the government recognized this gap in 2018, it took four years to develop and approve its “Hostile Activities by State Actors” strategy. A key part of the strategy, consultations on legislative reforms, was then delayed by over a year. The length of this process did not, in the Committee’s view, demonstrate a sense of urgency commensurate with the gravity of the threat.
174. The delay in these actions, many of which had been recommended by the Committee, undermined the government’s operational responses to the threat. With no new tools, the security and intelligence community was forced to rely upon existing authorities and legislation. Gaps in these areas limited the ability of security and intelligence organizations to act, particularly with respect to sharing information with law enforcement bodies to enable investigations, lay charges or support prosecutions. Similarly, CSIS was largely unable to share salient information with key stakeholders outside of the federal government, notably with Parliamentarians and other orders of government. These gaps contribute to a situation in which there are few meaningful deterrents to foreign states and their Canada-based proxies to conduct interference activities.
175. The slow response to a known threat was a serious failure and one from which Canada may feel the consequences for years to come. The implications of this inaction include the undermining of the democratic rights and fundamental freedoms of Canadians, the integrity and credibility of Canada’s parliamentary process, and public trust in the policy decisions made by the government. Canada is only now beginning to see the introduction of additional measures to address foreign interference activities.
176. The threat of foreign interference is pervasive and persistent. It is imperative that the government act now to address the vulnerabilities that make Canada’s democratic processes and institutions an easy target. The government must ensure that legislation keeps pace with this evolving threat so that the security and intelligence community has the tools it needs to respond to the threat in a way that discourages future interference efforts. It must clearly define thresholds for response and clarify the roles and mandates of governance bodies to support a coherent and coordinated response to instances of foreign interference, and the accountabilities of Ministers. The government must also address deficiencies in how intelligence is distributed, assessed and used internally, and in doing so build a culture where officials and Ministers alike are seized with and accountable for identifying challenges and taking decisions to address them.
177. Bearing in mind its responsibility for ensuring Canada’s national security, the federal government needs to act swiftly to remove the obstacles that prevent it from playing an effective leadership role throughout the country in countering foreign interference. These include outdated legislation governing the sharing of classified information, stalled initiatives to inform the Canadian public and other key stakeholders, and the absence of mechanisms to engage other orders of government. The Committee underscores that briefing Parliamentarians on the threat is imperative.
178. Finally, Parliamentarians have a role to play. They must recognize that as lawmakers, they may be targets of foreign interference because of the positions they occupy and the decisions they take. The Committee calls on Parliamentarians to carefully consider all ethical and legal ramifications of their engagement with foreign officials or their proxies, and act to reduce their own vulnerabilities. Foreign interference is not “politics as usual.” Parliamentarians must be part of the solution.