Trudeau to waive cabinet confidentiality to allow agencies to review foreign interference documents

Prime Minister Justin Trudeau has agreed to waive Cabinet confidentiality so that two federal agencies can read confidential documents that David Johnston, the government’s special rapporteur on foreign interference, reviewed while writing his report on the foreign interference.

So far, the National Security and Intelligence Committee of Parliamentarians (NSICOP) and the National Security and Intelligence Review Agency (NSIRA) have not been allowed to review Cabinet documents.

The two agencies have been tasked with examining what and when the Liberal government and national security agencies knew about allegations of foreign interference in the last two Canadian elections.

The Prime Minister’s Office told CBC News on Thursday that Trudeau would waive cabinet confidentiality. as soon as possible.

The move is in response to Johnston’s recommendation that the government release all confidential documents it has seen to review bodies so they can examine its findings. Johnston advised the Trudeau government not to order a public inquiry into foreign interference by the Chinese government.

The two national security review bodies normally face a wall of cabinet secrecy because they don’t automatically have the right to review cabinet files. The government has been criticized for withholding these records.

Johnston wrote in his report on foreign interference on Tuesday that the government should make an exception to this rule.

The Cabinet Confidences … were informative and, in my view, reflect careful consideration of difficult issues by the Federal Cabinet, Johnston wrote in his report.

Cabinet secrecy is a long-standing constitutional convention and a cornerstone of the Westminster style of government. It is intended to allow cabinet ministers to have robust discussions in secret.

The federal government appointed Johnston in March as special rapporteur on foreign interference in response to a series of reported intelligence leaks in the media regarding Chinese government interference in the last two federal elections.

Although calls for a public inquiry have come from all quarters, Johnston said such an inquiry would be ineffective due to the sensitive and classified nature of the information he reviewed.

Instead, Johnston recommended that the NSICOP – made up of MPs of all political stripes with special security clearances – consider his report.

He also said that NSICOP should work with NSIRA – the watchdog set up to oversee the activities of Canada’s national security and intelligence agencies – to comprehensively assess the findings of its report and identify any conclusions different from my own.

Johnston said his confidential appendix includes additional details for those with the relevant permissions, including documents covered by Cabinet secrecy.

NSIRA and NSICOP would benefit from reviewing them to ensure that these review bodies have access to the same information that I have collected and reviewed, Johnston wrote in his report.

The Privy Council Office normally protects files that contain Cabinet confidences. NSICOP members expressed their frustration with Cabinet secrecy in a letter last fall to the Prime Minister, saying the refusal to share certain documents posed a increasing risk to (NSICOP’s) ability to fulfill its mandate.

The letter also warned that the committee does not know how many documents covered by Cabinet secrecy actually exist and what is withheld. NSICOP also alleged that federal officials made general claims that the documents contained cabinet secrets.

In 2022, the Liberal government agreed to provide cabinet secrets to a public inquiry into the controversial decision to invoke the Emergencies Act during anti-COVID-19 mandate protests and subsequent occupation from Ottawa.

Instead, Johnston recommended that the NSICOP – made up of MPs of all political stripes with special security clearances – consider his report.

He also said that NSICOP should work with NSIRA – the watchdog set up to oversee the activities of Canada’s national security and intelligence agencies – to comprehensively assess the findings of its report and identify any conclusions different from my own.

Johnston said his confidential appendix includes additional details for those with the relevant permissions, including documents covered by Cabinet secrecy.

NSIRA and NSICOP would benefit from reviewing them to ensure that these review bodies have access to the same information that I have collected and reviewed, Johnston wrote in his report.

The Privy Council Office normally protects files that contain Cabinet confidences. NSICOP members expressed their frustration with Cabinet secrecy in a letter last fall to the Prime Minister, saying the refusal to share certain documents posed a increasing risk to (NSICOP’s) ability to fulfill its mandate.

The letter also warned that the committee does not know how many documents covered by Cabinet secrecy actually exist and what is withheld. NSICOP also alleged that federal officials made general claims that the documents contained cabinet secrets.

In 2022, the Liberal government agreed to provide cabinet secrets to a public inquiry into the controversial decision to invoke the Emergencies Act during anti-COVID-19 mandate protests and subsequent occupation from Ottawa.

Ashley Burk (new window)Philip Ling (new window) Radio-Canada News