(OTTAWA) National Security Adviser Jody Thomas warned Prime Minister Justin Trudeau of possible backlash during planned public consultations on the Foreign Agents Registry.
In a note sent out in August, Mr.Me Thomas mentioned that these discussions could lead to a wide range of reactions, ranging from strong praise to reservations.
The concern could be even greater given that some foreign governments, like Russia, have used “foreign agent registries” to silence activists and shut down critical government agencies.
jody thomas
But she said national security experts, Canada’s allies and diaspora groups under attack from enemy states “are likely to welcome these measures.”
The Canadian Press obtained the note stamped “Secret/For Canadians Only” through the Access to Information Act. Parts of the document, including confidential cabinet talks and information on internal consultations, were not shared.
The note reveals that on June 30, Mr. Trudeau held a meeting with Australian Prime Minister Anthony Albanese about “the establishment of a registry of foreign agents in Canada and Australia’s experience in this regard”.
Australia introduced its Foreign Influence Transparency Scheme Act five years ago to prevent outside interference in the country’s affairs.
Internationally, foreign agent registrations are considered one of the best practices to counter malicious outside influence, the memo says. The US Foreign Agents Registry Act has been in force since 1938 and the United Kingdom has also decided to introduce such a system.
Registers may require individuals to formally register with the government they are trying to influence to make these interactions more transparent, with the possibility of fines or even jail time if they fail to do so.
Earlier this month, following a spate of media reports of allegations of foreign interference, Public Safety Canada announced public consultations on how Canada could introduce a registry.
However, the rating of MMe Thomas says the department considered even broader public consultations last summer that would explore not only the possibility of establishing a foreign registry but also other measures to counter what the government describes as hostile activity by state actors.
Such activities aimed at undermining Canada’s interests include acts that are deceptive, extortionate, covert, threatening or illegal. Their goals are to influence decisions, gain military or economic advantages, or gain access to sensitive information or technology.
“Hostile actors have become increasingly adept at exploiting Canada’s open and democratic system,” argues the memo.
Broader consultations could look at changes to the Canadian Security Intelligence Service Act, the Criminal Code or the Privacy Act, he adds.
MMe Thomas confirmed to Mr. Trudeau that “your office is involved in planning the consultations, as per your instructions.”
Public Security Minister Marco Mendicino indicated in an interview in late November that the government intended to hold public consultations on a register of foreign agents.
But he also stressed the importance of arming law enforcement and national security with “a wide range of tools” to counter not only foreign interference but also “hostile activities by state actors” and non-state cyberattacks and ideological extremism.
Mendicino’s office did not immediately comment on the possibility of wider consultations.
Beyond disclosure requirements for foreign officials, Australia’s Foreign Influence Transparency Program imposes additional registration requirements and bans on former ministers and senior officials, Ms.Me Thomas.
It includes a lifetime registration obligation for former ministers who continue to work for a foreign client after leaving the public service. In addition, any Australian who has acted as a foreign agent cannot serve in the Cabinet.
Australia’s experience shows that some former politicians and senior officials would have preferred to cease their activities as foreign agents rather than make their associations public, the statement said. Other agencies have shut down operations to avoid registration, or have proactively cleared their agreements with foreign clients to comply with the law.
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