I'll read it here.
Honourable members of the committee and Clerk of the Committee Larouche, I am here today as required by the summons delivered to me. My understanding is that you wish to ask me questions about a subject you are studying with a view of making recommendations as part of your legislative role. My understanding is that the subject you are studying is Russian interference and disinformation campaigns in Canada.
In principle, I have no issue testifying before your committee. However, as you know, Canada and the United States are democratic countries that value civil rights. One right that is particularly important is the presumption of innocence and its companion right to remain silent. Both Canada and the United States strongly value the right to be free from self-incrimination.
Presently, I am a target of a criminal investigation in the case of the United States v. Kalashnikov, 24 CR519, Southern District of New York 2024. As such, I am entitled to certain protections given to me under the fifth amendment of the United States Constitution, which provides that I cannot be forced to potentially incriminate myself while testifying under oath.
After consulting with counsel in both Canada and the United States, I have concluded, on their advice, that answering questions from this committee could reasonably provide a “link in the chain” toward a possible indictment against me with respect to the above-mentioned or related proceedings.
I recognize that the difficulty is that the fifth amendment of the United States Constitution does not apply in Canada. I am aware that I have no right to “plead the fifth” before this committee. I've been advised, and I do believe, that one policy reason behind Canada's lack of protection similar to the American fifth amendment is that Canada has a different form of protection located within section 13 of the Canadian Charter of Rights and Freedoms, which provides that if I testify in proceedings, I have the right not to have any incriminating evidence so given to be used to incriminate me in other proceedings subject to exceptions that would not apply here. Just as the American protection against self-incrimination is not formally recognized in Canada, however, section 13 of the charter is not formally recognized in the United States, so it would not be of assistance to me should I accede to answering any questions.
Accordingly, it is with the above considerations in mind that I must indicate that I will not answer any questions posed to me once I appear before this committee. I note in taking this position that section 7 of the Charter of Rights and Freedoms protects me in situations where section 13 does not apply where life, liberty or security interests are at stake. Considering the investigation taking place in respect of Kalashnikov, I verily believe that my refusal to answer questions is lawful and protected under section 7 of the charter.
I also assert respectfully that in the relatively unique circumstances in which I find myself, section 2(d) of the Canadian Bill of Rights, SC 1960, c. 44, as well as the International Covenant on Civil and Political Rights, to which Canada is a signatory, protect my refusal to testify.
Please note that my refusal is contingent solely on my legitimate concerns about possible self-incrimination. Once the investigation has been completed and it is determined that there may be no future proceedings taken against me in respect of that or related matters, I wish this honourable committee to be aware that I would be willing to reattend before it and answer all questions on such a future date.
