Can alleged parliamentarian colluders face consequences? CSIS chief weighs in

Canada’s spy chief says that political leaders could take steps to make sure parliamentarians accused of cooperating with foreign governments face consequences, even if they don’t face criminal prosecution.

David Vigneault, the director of the Canadian Security Intelligence Service (CSIS), suggested to a parliamentary committee Thursday that party leaders could disallow any of their MPs suspected of collusion from running for the party again, or expel them from caucus over the allegations they cooperated with foreign states like China and India.

“If you’re not able to find accountability and create an element of deterrence through a judicial process then there are other mechanisms that have been referred to including for the leaders to have the information and make decisions,” Vigneault told the House of Commons’ public safety committee.

2:51 ‘Shocking’: Conservatives demand Liberals identify MPs named in NSICOP foreign interference report

“It’s not going to be (a) judicial process, it’s not going to be someone charged by a court of law, but it’s someone who may not be allowed to run, may not be allowed to sit in caucus.”

Vigneault’s testimony came days after a report from the National Security and Intelligence Committee of Parliamentarians (NSICOP) alleged that sitting federal politicians are “witting” participants in foreign interference schemes. The report did not name names, and the Liberal government is resisting revealing their identities, citing concerns about sharing intelligence information.

1:31 Reporters chase Chrystia Freeland after she declines to take questions on politicans named in NSICOP report

The allegations are staggering, and the Liberal government is once again under pressure to respond to revelations of foreign interference campaigns. But at a committee meeting early Thursday morning, Liberal MP Jennifer O’Connell heckled opposition members who demanded the names of the parliamentarians accused of colluding with foreign governments.

O’Connell shouted at Conservative MP Frank Caputo, as he pressed Public Safety Minister Dominic LeBlanc to identify alleged conspirators. Later, she yelled “boohoo, get over it” when another Conservative MP Garnett Genius asked the committee chair to intervene.

O’Connell, MP for Pickering-Uxbridge, previously sat on NSICOP until 2021, and accused the Conservatives of alleging a “coverup” despite the committee’s public findings.

“The information is protected and deemed secret,” O’Connell said.

But Caputo said Canadians have a right to know which federal politicians are alleged to have assisted – or received assistance – from foreign states ahead of the next general election.

“What would be more in the public interest than a person who could be elected, and they are under the thumb of a hostile state actor?” asked Caputo.

LeBlanc, along with NSICOP chair David McGuinty, said they can’t release names because they’re bound by Canada’s official secrets law, the Security of Information Act.

“I’m not going to violate the Security of Information Act and risk prosecution for a political stunt, and I think Mr. Caputo knows better,” LeBlanc said.

“An intelligence source or information may not have context, may be discredited, may be altered. The idea there’s a perfect list of names isn’t entirely reliable (and) that it should be released to the public is simply irresponsible.”

RCMP deputy commissioner Mark Flynn, who also appeared before committee Thursday, agreed there are limits to what can be revealed when it comes to foreign interference investigations.

“It’s really important to protect sources and methods,” Flynn said.

“(Intelligence) cannot be used in a manner that will reveal it publicly, that could lead to (the) compromise of a source or a method of collection of that information.”

Even if the veil of secrecy was lifted, Flynn said current laws could make it difficult to prosecute parliamentarians accused of collaborating with foreign interests.

“There’s information in the community in the hands of other national security (and) intelligence officials that has not come into the hands of the RCMP, or has not come in a manner that allows us to use it,” Flynn said.

The Liberal government tabled Bill C-70, a wide-ranging piece of legislation meant to address foreign interference, which would include a registry of people in Canada acting on behalf of foreign governments.

It’s not clear whether the legislation will be put in place before the next general election, expected in 2025.