Evidence of meeting #63 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 information.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Michael Wernick  Jarislowsky Chair in Public Sector Management, University of Ottawa, As an Individual
Daniel Jean  Former National Security and Intelligence Advisor to the Prime Minister, As an Individual

7:25 p.m.

Jarislowsky Chair in Public Sector Management, University of Ottawa, As an Individual

Michael Wernick

Thank you for the flashback.

No, they've evidently not improved. The political climate has deteriorated, the power of disinformation has only increased, and it's something that we should all be worried about. It's not easy to stop. If there were easy solutions to disinformation on social media, people would have put them in place in other countries. There aren't, and you're going to have to continue to wrestle with that for many years to come.

What you can do something about is the tenor of political discourse among yourselves. With the greatest of respect, I think Canadians need to see their elected politicians—you're the ones they chose—working collaboratively and respectfully. Of course, they should hold the government to account, but there are times when the national interest is to come together and write the laws that affect other Canadians.

7:25 p.m.

Liberal

Ruby Sahota Liberal Brampton North, ON

I couldn't agree with you more. Through the last little while, even just currently, we've seen members of Parliament having to step down from their roles, with many of those types of similar words being used.

You've been through a lot as well. When you were Clerk of the Privy Council, you were immediately accused of being partisan, although you've served for two different parties in your role. We've seen Morris Rosenberg also called a “Liberal crony”. The Leader of the Opposition also flippantly described the Right Honourable David Johnston as the PM's “ski buddy” and “neighbour”.

A lot of these types of partisan attacks against credible individuals and the smear attacks on long-serving public servants.... It seems like there's no bar anymore as to where people will stop if it politically serves their purpose, even smearing the media, as we're seeing now. It hasn't been helpful that Twitter has created its own policies that allow people to come up with other conspiracy theories to attack the media.

Where does that leave us now? How would you advise that we can move away from that and really make sure our independent journalists are trusted, our public servants are respected and our institutions are upheld?

7:25 p.m.

Jarislowsky Chair in Public Sector Management, University of Ottawa, As an Individual

Michael Wernick

That's quite a question.

I'm not sure that's something for which you can just write laws and write rules. That really is about people's conduct and behaviour and how they choose to practise politics. The attacks go in both directions, and there has been a deterioration of civility and decorum in this place since I came here in the 1990s. I don't know what you can do about that other than police your own behaviours, your own conduct and your own practice of politics.

7:25 p.m.

Liberal

Ruby Sahota Liberal Brampton North, ON

Thank you, Mr. Wernick.

7:25 p.m.

Liberal

The Chair Liberal Bardish Chagger

With that, we all thank you, Mr. Wernick, for taking the time to be here with us today, for your service and for making yourself available. We wish you a good rest of the day. We hope you keep well and safe. If you think of something else you would like the committee to consider, please don't hesitate to send it to the clerk and she will share it with all members.

I'm going to keep the meeting live, meaning I'm just going to pause and we're going to switch to the next panel, rather than suspending and taking the time to start back up again.

Have yourself a great day, Mr. Wernick.

Monsieur Jean, please approach us so that we can continue.

7:30 p.m.

Liberal

The Chair Liberal Bardish Chagger

We are now continuing the meeting.

We would now like to welcome Mr. Daniel Jean, former national security and intelligence advisor to the Prime Minister.

Welcome Mr. Jean. Thank you for being here this evening.

I'm giving you the floor to give your opening address, after which we will move on to questions from the committee members.

7:30 p.m.

Daniel Jean Former National Security and Intelligence Advisor to the Prime Minister, As an Individual

Thank you, Madam Chair.

Thank you for the invitation.

I'd like to congratulate the committee on this study. It's essential for Canadians to be able to rely on a democracy that is free of foreign interference, during elections as well as its everyday activities.

I'm pleased to meet everyone, but I can't disclose any classified information, as you know. I, like others, am bound to secrecy. Accordingly, I've decided to discuss a number of incidents of foreign interference that are known to the public and that might be useful to you in your work.

Although I've been retired for five years now, I'm still involved in these issues as a senior fellow at the University of Ottawa's Graduate School of Public and International Affairs, and am also on the board of directors of the Conference of Defence Associations Institute.

Let's look at a few public domain episodes.

On July 15, 2015, two weeks before the beginning of the election campaign, when I was deputy minister of foreign affairs, the office of protocol of the Department of Foreign Affairs released a reminder to foreign diplomatic missions of the Vienna convention's obligation not to interfere in the host country's affairs. At a time when the public was not as sensitized to foreign interference in Canada, we were criticized for having done that—putting people on notice.

In September 2016, one of the first important cyber foreign interference actions targeted an international institution, which was the World Anti-Doping Agency in Montreal, as well as several of its international partners including the Canadian Centre for Ethics in Sport, as part of a major disinformation campaign in retaliation for the sanctions imposed on Russia by WADA and the Olympic movement. While many international media reported on the incident, there was no domestic media attention until October 2018, when Canada and other countries attributed the action to the Russian military intelligence agency, the GRU.

Shortly after, the same GRU actors were back in action in the 2016 U.S. election with similar methods and tactics. In January 2017—days before transition—President Obama declassified part of the intelligence collected by the U.S. national security agencies. His action had limited impact, which raises important questions for your work, such as the independence of the person who's going to make the intervention to release information; the reliability of the intelligence, because it was really fresh; and the timing of it in doing it just a few days before a president from a different party is coming in.

In July 2018, following a thorough investigation, special counsel Robert Mueller laid charges against 12 Russian military intelligence officers of the same GRU.

In October 2018, the U.S. and several countries including Canada condemned the actions of Russian actors in the poisoning of the Skripal family in the United Kingdom; their efforts to interfere in the investigation by the Organisation for the Prohibition of Chemical Weapons in the Netherlands; and the attack on WADA in Montreal and its partners, including the Canadian Centre for Ethics in Sport. U.S. authorities laid new indictment charges against seven Russian GRU officers. Three of them had also been indicted in the context of the U.S. election.

Let's spend some time on the measures.

A number of incidents have led to several of the measures recently discussed at your meetings, including amendments to the Canada Elections Act, an annual assessment by the Communications Security Establishment, the CSE, of foreign cyber interference. In addition to information sessions available to all the political parties. After that, because these risks are equally present in the analog world, similar measures were taken by the Canadian Security Intelligence Service. These measures gradually evolved into observation mechanisms, and the directive on the Critical Election Incident Public Protocol, which you discussed at recent sessions and just discussed with Mr. Wernick at the end of his appearance.

That leads me to some of the questions raised in stories published by the Globe and Mail and Global News. On the one hand, I can't discuss allegations concerning iormation about certain June 2017 incidents that were mentioned in one of Sam Cooper's articles in February 2023. However, as I retired in May 2018, before the dates involving the other alleged information, I am able to comment, but strictly on the basis of my professional experience and on my ongoing personal interest in these issues.

On the one hand, it is essential to reassure Canadians that any serious allegation of foreign interference, whether during an election or in another aspect of our democracy, will be subject to a rigorous examination. I hope that the various reviews launched will bring light to the alleged information and also, as importantly, inform the public policy on the required measures to equip the relevant institutional actors in prevention, deterrence and the application of consequences.

The proposal to consider a registry for foreign influence deserves consideration, but it can be only one element of a broader strategy, as has been suggested by past reports of organizations such as the task force on national security of the GSPIA at the University of Ottawa, or the National Security and Intelligence Committee of Parliamentarians.

However, the reading of the various articles raises the risk of interpreting intelligence as evidence. I encourage you to carefully read the op-ed by Professor Stephanie Carvin on what intelligence is and is not.

I have held a top secret clearance for more than 25 years. While intelligence is essential to better appreciate a threat, very little of what we could see supports action by competent authorities. Even when it does, there are often constraints on its use that may come from the need to protect the methods and the sources or the continued legislative shortcoming of not being able to bring intelligence as evidence while allowing a fair defence.

In this context, your review and all the other examinations not only are critical to bring light to the alleged information, but are in the interests of Canada and Canadians to develop the appropriate tool kit to counter foreign interference in all aspects of our democratic life.

Thank you.

7:35 p.m.

Liberal

The Chair Liberal Bardish Chagger

Thank you.

We'll begin our first round of questions with Mr. Cooper.

7:35 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Thank you very much, Madam Chair.

Thank you, Mr. Jean, for appearing.

In or around June 2017, did you prepare a memorandum to the Prime Minister regarding foreign interference by the Beijing Communist regime?

7:35 p.m.

Former National Security and Intelligence Advisor to the Prime Minister, As an Individual

Daniel Jean

I have a few points. First of all, I've been outside the government for five years. I've been out of the PCO for five years. I don't have any access to my records. Having said that, even if I had, I wouldn't be able to discuss a classified memo.

I don't want to be seen as trying to evade the question, so I will be clear that, during my period as national security adviser, yes, we briefed the Prime Minister on foreign interference by China and others, because, of course, it's not only China. We briefed in the context of larger conversations on China. We briefed in the context of notes that we sent on the growing concerns we had, but also some of our allies.

7:35 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Jean, through you, Madam Chair, I want to be clear. I'm not asking you to confirm or elaborate upon the contents of any memo. I'm asking very broadly whether a memo had been prepared in June 2017, or perhaps, taking your point, whether you could more broadly elaborate on how regularly, for example, you would brief the Prime Minister regarding interference activities by the Beijing regime in or around June 2017, or at that time.

7:40 p.m.

Former National Security and Intelligence Advisor to the Prime Minister, As an Individual

Daniel Jean

I was in the position for two years, from the spring of 2016 to 2018. We had numerous conversations on China. Some of these did refer to the subject of foreign interference. We had notes that we sent to the Prime Minister at that time that spoke about this concern, yes. We also had other intelligence tools, as you know.

7:40 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Among the concerns you had at that time, it would have included, for example, Beijing officials pursuing a strategy to infiltrate or interfere with our democratic processes. Would that have been a live issue in 2017?

7:40 p.m.

Former National Security and Intelligence Advisor to the Prime Minister, As an Individual

Daniel Jean

It's very important not to see the threat of foreign interference by a country like China as something that is binary. It's not like it's off one day, and it's on the next day. They are things that come over time.

During the period when I was in the position, our concerns were a lot more on issues like the acquisition of sensitive technology, what we like to refer to as economic security. We took a number of measures that have actually provided more scrutiny on this.

We had other concerns with China. Foreign interference was one of them, but it was not a period when there was.... There were signals. There's a reason why in 2015 the Department of Foreign Affairs decided to be more direct by putting countries on notice that they should not interfere. However, there was no smoking gun. There were just activities that we wanted to make sure would not result in any kind of interference.

7:40 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

In 2017, the Beijing regime was the most sophisticated perpetrator of foreign interference activities in Canada. Would you agree with that?

7:40 p.m.

Former National Security and Intelligence Advisor to the Prime Minister, As an Individual

Daniel Jean

At that time, we were concerned a lot about Russia as well. I've just given you a couple of examples.

7:40 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

I realize that, Mr. Jean, but I asked a specific question.

7:40 p.m.

Former National Security and Intelligence Advisor to the Prime Minister, As an Individual

Daniel Jean

Definitely, we were more and more concerned about Beijing. On the subject of foreign interference, we were particularly watching what was happening in other countries. You just need to go to an open source to see what was happening in Australia in 2017 and what led it to take a lot of aggressive actions.

7:40 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

I asked a question, but I want to build upon it in terms of the frequency of briefings with the Prime Minister. I know some were oral. There were memos and so on. I'm trying to get a better understanding of how often this would happen.

7:40 p.m.

Former National Security and Intelligence Advisor to the Prime Minister, As an Individual

Daniel Jean

There are several memos that go from the national security adviser to the Prime Minister in a week, but there are not going to be several on the subject of foreign interference, and certainly not just foreign interference on elections.

I want to be very clear. If you've heard my remarks, foreign interference concerns in Canada are much broader than elections. In fact, intimidation and surveillance of the diaspora have been, for some time, a major concern.

7:40 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Okay.

Did the Prime Minister ever instruct you that there are certain topics that are not to be discussed with him?

7:40 p.m.

Former National Security and Intelligence Advisor to the Prime Minister, As an Individual

Daniel Jean

Absolutely not. The Prime Minister and his office have always been open to any kinds of threats I wanted to bring.

7:40 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Thank you for that, Mr. Jean.

Mr. Wernick, in his testimony, spoke about mechanisms by which to declassify information. Would you agree with Mr. Wernick?

7:40 p.m.

Former National Security and Intelligence Advisor to the Prime Minister, As an Individual

Daniel Jean

I was on my way here during that part of his testimony.

The only thing I would say is that I gave you one example—two examples actually—in my presentation. President Obama decided to do it. We can determine whether the timing and the fact that it was him doing this made sense following the U.S. election.

When Canada decided to attribute to Russia—

7:40 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Jean, I want to be clear. Mr. Wernick said there were existing mechanisms to declassify. Would you agree with him—yes or no?