44th Parl. 1st Sess.
May 8, 2023 11:00AM
- May/8/23 3:48:06 p.m.
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moved:
That the prima facie contempt concerning the intimidation campaign orchestrated by Wei Zhao against the Member for Wellington—Halton Hills and other Members be referred to the Standing Committee on Procedure and House Affairs.
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- May/8/23 3:50:10 p.m.
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He said: Mr. Speaker, I thank you for your very detailed arguments and significant ruling. I am speaking entirely extemporaneously because I was not exactly certain how you would rule.
Allow me to gather my thoughts by beginning to say that the fathers of Confederation in 1867 designed a Constitution that has endured for more than a century and a half. To be sure, it has had certain modifications over the years, the most recent and largest of which was the 1982 patriation and addition of the Charter of Rights and Freedoms.
The fundamental structure of the Constitution remains as it was written over a century and a half ago in 1867. That fundamental construct created a division of power between three different branches of the system: the executive branch, the judicial branch and the legislative branch. The essential balance of power in that system is between the legislative and executive branches of government.
As members know, we do not directly elect our government in Canada. The government is appointed. It is appointed by the Crown based on the member of the House that has the majority support of the 338 members of the chamber, and because we do not directly elect our government, as it government is appointed, it becomes even more important that the legislative branch of the system provides for a sufficient accountability mechanism to ensure that Canadians are well governed in between elections.
What has transpired here in recent weeks makes it clear that the executive branch of government has failed in its responsibility to protect the safety and security of Canadians, to protect the safety and security of members of the House and their families. In that context, it becomes even more important for the members of the House and its committees to uphold section 18 of the Constitution Act, which sets in place the rights, privileges and immunities of the legislative branch of our system.
I am very comforted by the fact that Parliament has risen to the occasion to take on its role in defending members of the House when the executive branch of government has failed. I hope when the procedure and House affairs committee examines this matter they will look at the totality of evidence that got us to this place, which involves a person in Canada, accredited by the executive branch of government, with more rights than Canadian citizens because, as members know, diplomats are immune from criminal prosecution.
We all remember the famous case several years ago under a previous Liberal government where a Russian diplomat tragically mowed down, in the streets of Ottawa, an innocent woman and her friend, leading to the death of that woman. We all remember that then foreign affairs minister John Manley, who, under the terms of the Vienna Convention, rightfully indicated that it was not possible for the diplomat to be arrested and charged in Canada with a criminal offence because the diplomat had more rights than ordinary Canadians, as diplomats do. They are afforded the immunities of diplomacy to do their work.
What becomes even more important in that context is that the executive branch outside of law enforcement, outside of Crown prosecution, exercise its prerogatives under article 9 of the Vienna Convention, which makes it clear that the Crown has the right to declare persona non grata any person in Canada for no reason who is a diplomat accredited by the Government of Canada. The executive branch of our system failed in that regard when information came to light that this person in Canada, this person accredited by the executive branch, was targeting MPs by trying to gather information about their families in the PRC. Because the executive branch of government failed, it becomes important for the legislative branch to step up to the plate to defend MPs and their families.
That is the wisdom of the constitutional structures that were put in place in 1867, and why I am so comforted, Mr. Speaker, that you have made a decision to find a prima facie case.
I will finish by saying this: It is a serious thing to intimidate a member of the House directly or indirectly to affect the outcome of a debate or to affect the outcome of votes in this place. We know, in the last decade or so, that the rise of authoritarianism around the world has put democracies on their back heels, and in that context, it becomes even more important to make it clear that we, as one of the world's oldest, continuous democracies, set an example for all the world to see that we will not be intimidated, that we will not be cowed and that we will stand up for the democratic rights of Canadians as expressed in this place. We will ensure that members and their families are not subject to these foreign interference threat activities.
I thank you, Mr. Speaker, for your ruling. I look forward to the deliberations and ultimately to the report and recommendation of the procedure and House affairs committee.
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- May/8/23 3:57:30 p.m.
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Mr. Speaker, I have asked myself that question many times in recent weeks.
The Prime Minister alone is responsible for the machinery of government, for the organizational structure of the Government of Canada. The Prime Minister is primarily responsible, among all the ministers of the Crown, for national security. The Prime Minister is also primarily responsible for the government's relationship to Parliament.
When we take into account the Prime Minister's two primary responsibilities, one for national security and one for the government's relationship to Parliament, and we take into account his sole responsibility for the machinery of government, it is confounding that the government, over recent months, has not come clean with parliamentarians about the threats to themselves and their families, particularly after the story broke in early November of the PRC's interference and threat activities against political candidates, political parties and subsequently against members of the House. It is inexplicable why, after six months, the government has not gotten a handle on the situation.
It is very concerning what other information the government knows that it has not communicated to those who are being targeted, and what other information they are not aware of that could be a threat more broadly to the safety and security of this country. However, I think this is a much broader debate, which I hope will be taken up by other committees of the House and by the floor of the House because, as CSIS has indicated for many years, foreign interference threat activities are a national threat. They are a serious threat undermining fundamental rights and freedoms. They undermine our economy. They undermine long-term prosperity. These are not small things, and I think the House and the government needs to be seized with it. Clearly, the House is seized with it. I hope that the government begins to be seized with this matter and gets control over it.
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- May/8/23 4:00:52 p.m.
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Mr. Speaker, my immediate family here in Canada is okay. We are fine, but, as I have said previously, I cut off communications with my family in the PRC out of an abundance of caution. Clearly, these events are very public. Like other cases involving Canadians who have family in the PRC, or Canadian consular cases in the PRC, these are difficult things to address and deal with.
With that all said, I know one thing: We cannot be cowed. We cannot be intimidated by these threats. We have to stand up for the fundamental principles and values that underpin this country and its institutions. As difficult as it may be to stand up for those fundamental principles in the face of intimidation threats, we cannot but take that course. To do otherwise is to undermine these foundational principles, undermine our democracy and hand to our children and grandchildren much weaker institutions that are subject to these subversive and coercive forces.
Generations past made very difficult decisions to stand up for these principles. It is our generation's task to do the same thing in the face of a very different threat than previous generations faced.
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- May/8/23 4:04:00 p.m.
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Mr. Speaker, I believe that a public inquiry into the general problem of foreign interference is needed.
However, I also know and believe one second thing, which is that we cannot allow the process, whether matters have been referred to NSIRA, NSICOP or a special rapporteur, which could lead to a public inquiry, to prevent us, prevent this chamber or its committee, the procedure and House affairs committee, or prevent the Government of Canada, the executive branch of our system, from taking immediate action in regard to threats that are directed to members and their families or directed to Canadians who are members of diaspora ethnocultural communities. We have to be able to do both: take immediate action and, at the same time, look at some of the systemic problems that have been brought to light over the last number of months, as reports about foreign interference threat activities have surfaced.
I say “yes” to a public inquiry, but also “yes” to immediate action, and not delay as a way to prevent action by deflecting to the process of NSIRA, NSICOP or a potential public inquiry.
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- May/8/23 4:06:31 p.m.
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Mr. Speaker, this is an important question. I am very concerned about the weakening of Canada's national security and intelligence system, the intelligence community, because of what has taken place over the last several months.
I would add that it is not primarily the decision of CSIS whether or not to inform members of foreign interference threat activities. It is primarily the responsibility of the Prime Minister; an open and accountable government is clear. The Prime Minister has primary responsibility among all ministers for national security. The Prime Minister is primarily responsible for the government's relationship to Parliament.
What has clearly broken down here is the direction from the Prime Minister to direct his intelligence community, departments and central agencies to inform members of Parliament and their families, in an appropriate manner, about foreign interference threat activities. He has indicated that this will now happen going forward, but it should have happened as soon as he was appointed to office, in early November 2015.
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