:
Good morning, colleagues.
[Translation]
I hope you all had a good constituency week.
[English]
We have some familiar faces here for the meeting 133 of the Standing Committee on Procedure and House Affairs, and a friendly reminder to our witnesses—although I doubt that you need it, as you help implement the rules that I'm about to go over. Please make sure that when your earpieces are not in use, you are placing them securely on the stickers in front of you to protect our colleagues in the booth who are working very hard on our behalf.
Colleagues, today we have two different hours to continue the two different studies we've been working on.
[Translation]
We will divide our time between two different studies during this meeting.
[English]
The first hour is going to be on the question of privilege related to cyber-attacks targeting members of Parliament. We've talked about this on a number of occasions, and this is a continuation of that discussion.
In the second hour we'll be resuming our discussion on Bill , the bill that will make changes to the Elections Act.
With that, I would like to welcome back Mr. Eric Janse, Clerk of the House of Commons; Stéphan Aubé, chief executive administrator; Michel Bédard, law clerk and parliamentary counsel; Patrick McDonell, Sergeant-at-Arms; Jeffrey LeBlanc, deputy clerk, procedure; and Benoit Dicaire, chief information officer.
Mr. Janse, I understand that you'll be speaking on behalf of your colleagues here. The floor will be yours for five minutes, at which point we will go into our lines of questioning.
The floor is yours, sir.
:
Thank you very much, Mr. Chair for inviting me and my colleagues to appear before you again regarding the question of privilege related to cyber-attacks targeting members of Parliament.
Members will recall that we previously appeared on June 4 of this year. We trust that our testimony will assist the committee in its study.
[Translation]
After the Standing Committee on Procedure and House Affairs ordered the provision of documents from the House of Commons Administration and government institutions in May 2024, and following the appearance of administration representatives before this very committee on June 4, 2024, the House Administration gathered the documents in its possession to respond to the order to provide documents.
In reviewing these records, the House administration found that most of the documents relevant to this order were email exchanges from the Canadian Centre for Cyber Security, or CCCS, which is part of the Communications Security Establishment Canada, or CSE.
After some discussion, the House Administration has provided CSE with documents from the CCCS in both official languages. CSE has committed to providing them directly to the Standing Committee on Procedure and House Affairs, with the redactions requested by the committee. CSE was in a better position to redact its information in accordance with the committee's order for the production of documents.
[English]
To ensure that all documents were disclosed to PROC, the House administration reviewed the documents produced by CSE and identified three documents that CSE had yet to disclose to PROC. Those were sent directly to you last week by the House administration. I note that we worked with CSE to make the redactions requested by the committee.
The House administration also identified two internal documents responsive to the order, which we provided to PROC on August 9. Those consist of an internal report and an email exchange between the House administration's IT security branch and various senators and members of Parliament, in both official languages. Redactions to the documents were made as requested by the committee to protect personal information, to protect information on the vulnerability of the House of Commons computer communications systems and methods employed to protect those systems, and information that would be injurious to the detection, prevention or suppression of subversive or hostile activities.
[Translation]
That concludes our opening remarks.
We look forward to your questions.
As regards the comparison between the current study and the question of privilege that is currently debated in the House, I will note a few things.
First of all, for the current study, this committee has received an order of reference from the House. The privilege motion has been passed. This committee has been entrusted with the study.
Secondly, the motion that the committee itself adopted in May 2024 contemplated that government entities could make redactions. The documents that were provided by the House, by other government entities, included redactions. At the House, we were very mindful, when we made the redactions, of the fact that these had been authorized and actually asked for by the committee.
Now, if we go to the question of privilege that is currently before the House and my letter yesterday to the Speaker, which was tabled in the House on the same day, it's in line with the other letter that I provided to the Speaker. Documents had been ordered by the House on June 10. The order from the House did not contemplate any redaction. Some documents were withheld or contained redactions.
In relation to previous letters, with that information before the House, a question of privilege was raised. The Speaker ruled that it constituted a prima facie question of privilege and allowed the appropriate motion to be moved that the matter be referred to this committee. I'll note that the Speaker also—
:
Thank you very much, Mr. Chair.
This is a very topical subject. Gentlemen, first of all, thank you for appearing before the committee once again. We've received so many documents that I must admit I haven't read them all. However, it made me realize the huge progress we have made in the past five months.
In that regard, I'm pleased that my colleague Ms. Fortier asked the questions I wanted to ask, since that will allow me to press on.
I took part in a mission last week, and this topic was broached during our discussions. We realized that because of built-in timelines and the legislative process in our democratic systems, we are unfortunately unable to react fast enough to properly respond to the events we're experiencing. That's my concern.
However, I was reassured earlier when I heard you gentlemen talk about how far we've come in terms of physical resources, as well as the monitoring you're able to do now. Indeed, a number of elections have been held in various jurisdictions over the past year, and we can draw inspiration from those experiences.
That said, in 2024, can't we find a better way to deal with this kind of situation? We understand that partisanship as well as prescribed timelines and processes make it impossible for us to do that. It's still difficult from a privacy perspective, and it's not a question of resources. We also have to think about the process that must be followed to introduce a bill. France, for example, was able to pass a bill in June targeting foreign interference.
Haven't we reached the point, in 2024, when we should be determining which issues are extremely urgent and reviewing our priorities? That work can be done here, in committee, to help you put in place what you need to counter cyber-attacks and other nefarious activities.
What do you think? You are the people directly affected.
:
Thank you very much, Mr. Chair.
Here we have a situation where 19 parliamentarians, including members of Parliament and senators, were the target of a cyber-attack by the Beijing-directed, Beijing-controlled APT31. Those members of Parliament were kept in the dark for three years by this government.
This government knew about the APT31 attack when it happened in January 2021. Notwithstanding that, there were no efforts made to inform members of Parliament that they were the target of the Beijing regime, and there were no efforts to inform them so that they could take appropriate steps to protect themselves. Indeed, these members of Parliament and senators would have had no idea they were the target of the Beijing regime but for an indictment out of the Department of Justice in the U.S. It was only then that they became aware of the fact that they were the target, and that led to the finding of the Speaker of a prima facie question of privilege, which has now been referred to this committee.
I would note that while members of Parliament were kept in the dark, CSIS; the CSE; the Prime Minister's Office and the Privy Council Office, the 's own department; and multiple departments within this government had received briefings about the APT31 attack. Very simply put, there was a complete breakdown in notifying MPs.
This is part of a pattern, because this has happened before. We know that this government was aware that sitting members of Parliament, including MP , were the target of the Beijing regime, yet he was kept in the dark, resulting in a finding of the Speaker of a prima facie question of privilege, which came before this committee and which we studied.
What we have is a government that has been less than transparent, has failed to provide transparency and sunlight and, frankly, has at times outright covered up and turned a blind eye to Beijing's interference.
Following what happened in the case of MP Chong, the Minister of Public Safety in May 2023 issued a directive requiring CSIS to brief MPs if they are the target of foreign interference. It is interesting that following the issuance of that order, there was a briefing of multiple government departments, including the Prime Minister's department, the PCO, about this APT31 attack.
Notwithstanding the order of the House, those departments were briefed, but the sitting members of Parliament continued to be left in the dark. That raises questions about the effectiveness of this order and whether this directive is in fact being followed. It doesn't appear to be something that is being followed by this government. It seems to be—
I'd be happy to address the point raised by Mr. Turnbull. To that end, the has been very clear. He'll take the same brief that the Washington Post received, he'll take the same briefing that the has received, but what he will not do is get this clearance and then allow the Prime Minister to pick and choose which information is put before him, which may, in fact, be incomplete, which may not present the full picture, and then allow the Prime Minister to be an arbiter of whether he violated his oath of secrecy.
The isn't going to play the 's game. If the Prime Minister were serious, he would release the names of all of the MPs who have wittingly collaborated with the Beijing regime, but he won't do that because we know that they sit in his caucus.
We know that the covered up the fact that one of his candidates, the now member for , received the assistance of the Beijing regime to help him secure the Liberal Party nomination. CSIS was aware of Beijing's interference at the time of the nomination. CSIS briefed key officials, top Liberals, including Jeremy Broadhurst and the president of the Liberal Party of Canada. There were four top Liberals, all of whom had the appropriate security clearance to receive that briefing to inform them that, yes, the member for Don Valley North, the then Liberal candidate, had been assisted by the Beijing regime.
Jeremy Broadhurst thought it was serious enough that he briefed the the following day about that briefing. The Prime Minister, having been made aware that one of his candidates was being assisted by the Beijing regime, did nothing. He turned a blind eye to it. He covered it up and allowed that individual to stand for office and get elected and hoped that no one would find out.
Madam Justice Hogue, in her report, concluded that the 's inaction with respect to the now member for , whom he had been briefed on, was due to his political concerns primarily. That is paraphrasing what Madam Justice concluded, that it was out of political motivation that the Prime Minister didn't act.
There you have it. Madam Justice Hogue, the commissioner of the public inquiry, found that the put his political interests and the interests of the Liberal Party ahead of national security and ahead of countering Beijing's interference in our democratic processes. That's the record of this Prime Minister.
It's also, by the way—with respect to the member for and security briefings—very interesting that the member was then tipped off that he was a target of CSIS.
That raises questions about who tipped him off. We know that four top Liberals received the briefing from CSIS and we know that the was informed by Mr. Broadhurst about the contents of that briefing.
The circle is actually quite small as to who may have tipped the member for off that he was a target of CSIS—
:
I withdraw my words, Mr. Chair, and I will rephrase them to say that the has a proven record of misrepresenting the facts.
No wonder the isn't going to trust this to say, I'm going to give you what I want you to look at and maybe hide other things from you and give you an incomplete picture of things. That's what the Prime Minister is proposing, and the Leader of the Opposition isn't going to take the Prime Minister's bait. He's not going to play the Prime Minister's game. The Leader of the Opposition has instead called on the Prime Minister to simply release the names of all compromised MPs, and the Prime Minister continues to refuse to do so, just as he covered up for the member for Don Valley North.
No, the will not take lessons, and Conservatives will not take lessons, from this and this government when it comes to foreign interference because the record of this government is a shocking in this regard. It's actually drawn concern amongst our allies and international condemnation of the Prime Minister. It's been said we have the Five Eyes ,but after nine years of this Prime Minister it's become increasingly the four eyes where Canada has been left out, including AUKUS as an example, where our allies shut Canada out.
There are other instances, but that's what happens when you have a who has gone along with Beijing far too often and allowed Beijing to interfere in two elections, who turned a blind eye to the fact that one of his own members was compromised and that he knew about it. And there's the fact that Beijing has set up illegal police stations targeting Chinese Canadians. That's what has happened after nine years of this Prime Minister.
With respect to the motion before us and the cyber-attack on 19 members of Parliament, this is something that should concern all members of Parliament because it was members of all political parties who were targeted and who were kept in the dark, who wouldn't have known but for an unsealed indictment from the U.S. Department of Justice that led to the ruling of the Speaker of a prima facie question of privilege and this committee's undertaking the study of the question of privilege. We have had hearings, and we were at a point where we were about to look to conclude this study until we discovered that there were a number of reasons why this study ought not to be concluded at this present time. One is that this committee had ordered that this government produce documents and produce them by August 9. We received—
:
Thank you very much, Mr. Chair.
This committee ordered the government to turn over all documents in its control in relation to the cyber-attack against these 19 parliamentarians. The deadline was August 9.
Prior to August 9, we received a batch of documents, primarily from the CSE and a few from CSIS, I believe. They were heavily redacted. Nonetheless, there was information that was not redacted that raised further questions, including documents referring to or suggesting a cyber-attack in October 2022 that had not been made known to this committee. It's unclear what that cyber-attack is in relation to, but I have it here under the CSIS issues management brief from 2022.
It was sent to the deputy minister of public safety, the , as well as the NSIA, and the Minister of Public Safety's chief of staff. It said that CSIS intended to meet with select MPs and/or their staff regarding cyber-targeting of parliamentarians by People's Republic of China cyber actors. It continued in the background section to say that in October 2022, CSIS became aware of an email campaign targeting the personal email addresses of parliamentarians and staff, along with other Government of Canada targets with malicious phishing emails. This campaign was likely conducted by PRC state-affiliated cyber actors.
There we have, in the production from CSIS, reference to a cyber-attack targeting or seemingly targeting MPs because CSIS was indicating that it intended to brief those MPs. There were questions about whether the APT31 cyber-attack was the only cyber-attack that CSIS was aware of that was specifically targeting MPs by the PRC or by other hostile foreign states. We need to get clarification about that.
If, in fact, the APT31 attack is not the only cyber-attack that CSIS and the CSE are aware of, then it raises questions about how many other attacks there have been, the nature of them, when they occurred, who directed them and whether parliamentarians that were the target or were the victims have been briefed. We know that in the case of the APT31 attack, members were kept in the dark and would have continued to be kept in the dark, but for the unsealed indictment by the U.S. Department of Justice that was released in March of this year.
It was on that basis that this committee, at the insistence of Conservatives—but I believe it was ultimately a unanimous vote of this committee—called on the CSE and CSIS to come back to committee. The response from CSIS and the CSE was to thumb their nose at this committee. They said, “No, thank you.” They said that they were not interested in coming back before this committee. They thumbed their nose at this committee, at Parliament, at parliamentary scrutiny. The justification that was offered was that they had come in June.
Yes, they did come in June, and they provided some.... It was useful to have them here before this committee, but there are documents that were provided to this committee in the summer that raised questions that need to be put to them and that we need to get answers to in order to complete this study in a fulsome fashion.
I cited some of the questions that need to be asked in relation to the documents that CSE and CSIS did produce. I would have thought, based on the relatively limited number of documents that had been provided over the summer, that could have been done in one sitting where we had CSIS and the CSE appear before this committee.
There seemed to be some level of recognition from all members of the committee about the need to hear from CSIS and CSE, and a view that they could come here and we could ask them questions and then see, at that point, whether we would be in a position to essentially wrap up the study. However, we found out on Friday that there has been a massive document dump from CSIS and the CSE.
I haven't had a chance to go through those documents. Remember that CSIS and the CSE, this government, were required to turn over the documents by August 9. Somehow, more than three months later, we have a document dump.
When I asked Madam Clerk whether there were any further documents to be turned over from CSIS and the CSE, she said—and I'm paraphrasing, not quoting her directly—that there was a large volume of documents that still haven't been produced for this committee. Not only have they not been produced, but also we don't even have a timeline as to when the CSE and CSIS will be producing them and making them available to this committee, even though the only deadline that matters is August 9—a deadline this government has defied and has seemingly no interest in abiding by.
A document dump on Friday, a voluminous number of other outstanding documents that they say they'll turn over whenever they feel like it, because they can't even provide a timeline.... And the Liberal members across the way are confused as to why this motion has been brought forward.
I think it's quite astounding that certain members of this committee would be prepared to wrap up the study without having the opportunity to question CSIS and the CSE about the documents they have produced, which raise new questions, and about their failure to produce other documents, and to have the ability to question them about whatever is contained in the document dump that came more than three months after they were ordered to produce the documents.
I think it's pretty reasonable. In fact, the only responsible thing to do is to say, “Hold on, let's look at the documents. Let's get all of the documents. Let's bring in CSIS and the CSE so that we, as a committee, are in a position to ask questions with all of the documents, not some of the documents”. When we questioned them, we had almost no documents, so it is necessary that we hear from CSIS and the CSE and that we get the documents.
There's an interesting and frankly troubling parallel between what is happening here and what is happening with respect to the green slush fund documents, because the government has said, “Well, we've turned over documents. Some are redacted, and others are withheld, but just stop the debate in the House. Shut it down, turn it over to PROC, and PROC can figure it out".
Well, if there's anything that one could have learned from this, it is that, with this government, the approach they take is to say to PROC, “We're going to thumb our nose at your committee. We'll turn over the documents that we wish to provide. We'll hold back other documents. We'll dump other documents months after we were ordered to turn them over, and we'll hold back documents, even though you're about to shut down your study thinking that you had all of the documents in front of you.”
It's one big game. It's one big charade with this government. They have demonstrated that they can't be trusted and that they have no interest in working to be transparent. It is why, based on what we have seen with this study, Conservatives are not going to relent in the House until this government stops thumbing its nose at Parliament and turns over all of the documents related to the green slush fund on an unredacted basis to the law clerk so that the law clerk can then turn those documents over to the RCMP so that the RCMP can take whatever steps they may wish to take in relation to a scandal involving $400 million in taxpayer dollars, including $330 million taxpayer dollars that involved conflicts of interest amongst board members. There were 186 conflicts of interest identified by the Auditor General.
What we've seen with the government's obstruction is part of a pattern of how they have shown time and again disrespect to Parliament.
I mean, we can think back to the Winnipeg lab scandal, which involved a significant national security breach. The government was ordered by Parliament to turn over the documents pertaining to the Winnipeg lab, and the government refused to do so. That resulted in another prima facie question of privilege as determined by the Speaker of the House. Isn't it part of a pattern, all of these questions of privilege relating to refusal of this government to turn over documents?
What did the Liberals do? What did the do? Well, he took the Speaker of the House, the member for —