Evidence of meeting #56 for Procedure and House Affairs in the 44th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was interference.
A video is available from Parliament.
Commissioner of Canada Elections, Office of the Commissioner of Canada Elections
First, I would like to clarify that the memoranda of understanding I was talking about were established long before these allegations of foreign interference. The allegations are getting stronger, and I feel that other such memoranda of understanding they emerge in the future.
The important thing to remember is that we must work together. I can assure you that our partners can count on our full cooperation, and CSIS and the RCMP have confirmed this to me recently.
Liberal
Ruby Sahota Liberal Brampton North, ON
This question is for the commissioner specifically.
Have you found that through the investigations you're currently undertaking, CSIS and the RCMP have been bringing you information in order for you to undertake those investigations?
Commissioner of Canada Elections, Office of the Commissioner of Canada Elections
As I explained, I can't share information that is provided to me. I can simply confirm that the relationships are well established and productive.
Liberal
Christine Normandin Bloc Saint-Jean, QC
Thank you very much, Madam Chair.
Thank you for being here, Ms. Simard and Mr. Perrault.
I will begin with some background. The Globe and Mail reported that the Chinese Consulate allegedly assisted a Toronto area candidate in his campaign and that CSIS recommended to the Prime Minister that the candidate be removed from the list of candidates. The Prime Minister responded that it was not within CSIS' purview to make recommendations on who should be a candidate.
As Commissioner of Canada Elections or Chief Electoral Officer, would you feel you had the legitimacy needed to make that kind of recommendation if you received credible information that a candidate was subject to foreign interference?
Chief Electoral Officer, Elections Canada
I can only speak hypothetically, because I don't know where information like that would come from. Normally, it would come from CSIS, not from some other source. That said, if I had the information, CSIS is the one I would share it with.
Commissioner of Canada Elections, Office of the Commissioner of Canada Elections
Again, in my case, I could report the information based on a very specific framework. On the other hand, if work was being done under those circumstances, the information would be made public once official action was taken.
Bloc
Christine Normandin Bloc Saint-Jean, QC
So I understand that if you had information that a candidate was subject to foreign interference, neither of you could make a recommendation to have that candidate removed from the ballot.
Commissioner of Canada Elections, Office of the Commissioner of Canada Elections
As far as I'm concerned, I have a mandate to ensure compliance and enforce the law. I do that job, and it doesn't include making that type of recommendation.
Chief Electoral Officer, Elections Canada
The rules governing the nomination race are set by each party. However, in the event of national security issues, CSIS deals with the situation.
Bloc
Christine Normandin Bloc Saint-Jean, QC
To your knowledge, is there anyone other than a party who can make a recommendation to expel a candidate for foreign interference, for example?
Chief Electoral Officer, Elections Canada
No one I know of has the authority to make that recommendation.
Bloc
Christine Normandin Bloc Saint-Jean, QC
If you are informed of potential wrongdoing during an election, do you typically get that information in time to be able to correct the situation? I'm not asking for details, because I understand that you can't give me any. That said, is your authority limited to confirming after the fact that wrongdoing took place and suggesting jail time or fines, or do you have any authority to prevent certain situations?
Commissioner of Canada Elections, Office of the Commissioner of Canada Elections
As far as I'm concerned, I have a compliance and enforcement role and, in that context, I have no prevention role. To put it plainly, my office does no monitoring. Specifically, I can do my job through criminal powers, exercising my authority to lay charges, or through administrative powers, potentially imposing official action.
Bloc
Christine Normandin Bloc Saint-Jean, QC
Does information leading to charges need to have been made public? We've often been told that certain national security issues many pieces of information can't be made public due to national security issues. Whatever the case may be, can you lay charges based on information that is not public?
Commissioner of Canada Elections, Office of the Commissioner of Canada Elections
Let me make something clear.
My office is bound by confidentiality, as is any investigative agency, for legal reasons. That's because we need to preserve the presumption of innocence and make sure we don't compromise investigations.
So we do that job largely behind the scenes, in complete compliance with confidentiality. Only once we've reached certain thresholds are we permitted to take certain actions.
Bloc
Christine Normandin Bloc Saint-Jean, QC
In any event, if charges were potentially going to be laid on a candidate, I imagine the candidate would be notified.
Commissioner of Canada Elections, Office of the Commissioner of Canada Elections
I imagine that, in the course of an investigation, the individual would ultimately be called to testify. This is all hypothetical, of course.
Bloc
Christine Normandin Bloc Saint-Jean, QC
As I understand it, in the course of an investigation and when charges are laid, information can be made public. Can national security become a barrier to potentially laying charges against a candidate who is alleged to have interfered or participated in interference?
Commissioner of Canada Elections, Office of the Commissioner of Canada Elections
I act independently of the government of the day, the Chief Electoral Officer and the public service. I exercise my role independently.
Bloc
Christine Normandin Bloc Saint-Jean, QC
So the fact that information can't be made public because of a national security issue cannot be used as an excuse to prevent charges from being laid, for example.
Commissioner of Canada Elections, Office of the Commissioner of Canada Elections
No.
