Thank you, Chair, and members of the committee.
I'm going to focus my remarks on three things: first, the threat environment that led us to this moment and discussion; second, the core features of the made-in-Canada registry model; and third—probably most important for what I'm going to recommend that you focus on—key considerations for an effective, fair and timely implementation of the registry.
What led us here? I don't need to tell anyone in this room that there's mounting evidence of foreign interference, covert efforts to influence elections, intimidation and harassment of members of Parliament and diaspora communities, and covert funding networks and pressure campaigns. These are deceptive, coercive and covert activities done by foreign states and their proxies in Canada. To be clear, this is distinct from legitimate and open engagement, normal diplomacy, transparent lobbying and advocacy that's identified and accountable.
The central problem is not, therefore, foreign engagement per se, but foreign engagement that is covert, deceptive or coercive, and this is what the registry is designed to catch. The point is this: If you are acting in Canada at the direction of a foreign state to influence our political or government processes, the public has a right to know.
What are the core features of the made-in-Canada model? You addressed this in Bill C-70, and I thought you did a good job. There are three important features that I would call your attention to: one, a broad scope; two, an independent commissioner; and three, strong penalties.
The broad scope is that, if a person or entity in Canada enters into an arrangement with a foreign principal and carries out specified activities, they have to register. This is intended to capture both direct lobbying of public officials and indirect influence campaigns, which Justice Hogue specified, in her lengthy report, as one of the big areas. It's about closing gaps in Canadian law, so that's great.
The independent commissioner would administer the registry, issue guidance, conduct investigations, impose administrative monetary penalties and refer serious matters for criminal enforcement. This arm's-length model is a good one, and I testified on Bill C-70 a couple of times.
The strong compliance tools are administrative monetary penalties and criminal offences. The penalties for the criminal offences are no joke. They're not symbolic. The registry is designed to have real consequences for those who deliberately conceal foreign interference.
Now I'll go to the important parts for this committee: the implementation status and the practical challenges. Parliament provided a strong legislative framework, but the challenge is this: How do you implement it effectively?
I think there are a couple of key tasks you should focus on. Watch the establishment of the office of the commissioner to make sure they have sufficient resources, investigative capacity and technical support, and to make sure the regulations are finalized. How will things be reported? What exemptions exist? How will penalties operate in practice? Build a secure and user-friendly online registry for filing and public search, and then develop information-sharing practices among the commissioner, intelligence agencies and law enforcement.
I would recommend that you, first, clarify and make sure there's simplicity of obligations. Potential registrants need to understand, in super plain language, who has to register, what counts as an arrangement, what activities trigger registration and when and how to file. There must be clear statutory guidance, detailed regulation and practical examples.
Second, protect rights and avoid stigmatization. Many diaspora communities are both targets and victims of foreign interference, so make sure the registry is implemented in a way that focuses on behaviour and transparency, not ethnicity or origin, includes ongoing outreach to affected communities and provides clear avenues for questions, corrections and redress if people feel they've been treated unfairly.
Third, a big one, is to make sure there are adequate resources, staffing and investigative expertise; the ability to work closely—within legal constraints, of course—with CSIS and the RCMP; and clear policies for when to use administrative monetary penalties and when to do criminal referrals.
Last, but certainly not least, monitor the regime. Parliament should treat this regime as a living instrument and review it periodically, adjust the regulations if needed and, if necessary, amend the law to close any loopholes or to respond to evolving foreign threats and interference tactics.
I'd be pleased to answer any of the committee's questions or to assist in any way that supports the effective implementation of this regime.