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Foreign registry push underway as option to address interference in Canada

Analysts say change might help, but it won害羞草研究所檛 solve the issue of outside influencers
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The Canadian flag flies on the Peace Tower of Parliament Hill as pedestrians make their way along Sparks Street Mall in Ottawa on Tuesday, Nov. 9, 2021. For more than a year, Canada has been mulling creation of a foreign agent registry to fight interference in the country害羞草研究所檚 democratic processes. THE CANADIAN PRESS/Sean Kilpatrick

For more than a year, Canada has been mulling the creation of a foreign agent registry to fight interference in the country害羞草研究所檚 democratic processes.

The Liberal government and even some firm supporters of the idea acknowledge such a registry would be just one of several tools to prevent hostile actors from meddling in Canadian affairs.

Others say it doesn害羞草研究所檛 belong in the toolbox at all.

The rationale for establishing a registry stems from the fact states may engage in interference to advance their political goals, and can employ people to act on their behalf without those individuals disclosing who they害羞草研究所檙e helping.

Some believe requiring such people to formally register with the government they are trying to influence 害羞草研究所 with the threat of fines or even prison time for failing to comply 害羞草研究所 can make these dealings more visible to the public.

Allegations of Chinese interference in the last two federal elections 害羞草研究所 suggestions fuelled by anonymous leaks to the media 害羞草研究所 have amplified calls for a registry.

A registry might not stop all meddlers, but it would convey a signal this is 害羞草研究所渟omething that Canada is taking strong interest in,害羞草研究所 said Cheuk Kwan, co-chair of the Toronto Association for Democracy in China.

害羞草研究所淚 think that害羞草研究所檚 the message that we need to send to the foreign powers.害羞草研究所

The current lack of a Canadian registry 害羞草研究所渕eans that nothing is transparent,害羞草研究所 he added. 害羞草研究所淲e don害羞草研究所檛 know who害羞草研究所檚 doing what.害羞草研究所

Vincent Rigby, a former national security and intelligence adviser to Prime Minister Justin Trudeau, also sees value in a registry, but, like Kwan, he cautions it would not be a panacea.

害羞草研究所淭hese people who conduct a lot of foreign interference, by definition, do it in secrecy. And for them to come out publicly and say that I害羞草研究所檓 doing this or I害羞草研究所檓 doing that on behalf of a foreign government 害羞草研究所 they害羞草研究所檙e not necessarily going to do that,害羞草研究所 said Rigby, now a professor at the Max Bell School of Public Policy at McGill University.

害羞草研究所淗owever, hopefully, it害羞草研究所檒l act as a deterrent, because if they do these activities and they get caught, they害羞草研究所檙e going to suffer the consequences. It害羞草研究所檚 not going to be a magic potion that is going to make foreign interference go away. But it害羞草研究所檚 definitely a step in the right direction.害羞草研究所

The United States and Australia, two of Canada害羞草研究所檚 closest allies, already have such registries and Britain is expected to set one up this year.

Wark said Canada faces threats from hostile foreign states out to intimidate diaspora communities, steal valuable technological know-how, and interfere in elections and other democratic processes.

But Wark, who took part in a federal consultation on creation of a registry, considers the proposed measure little more than 害羞草研究所渟ecurity theatre.害羞草研究所

害羞草研究所淵ou cannot use a foreign influence registry to stop malign foreign influence. That害羞草研究所檚 not how it害羞草研究所檚 going to work.害羞草研究所

A registry could help educate the public, align Canada with its allies and have a deterrent effect, Wark allows.

害羞草研究所淏ut the downsides are, I think, huge.害羞草研究所

A registry could become 害羞草研究所渁 baggy bureaucratic monster害羞草研究所 whose complexity leaves people wondering whether they need to sign on, takes money from the pockets of security agencies investigating illicit foreign influence and runs afoul of Charter of Rights guarantees of freedom of speech, Wark said.

British Columbia Sen. Yuen Pau Woo told the federal consultation last year that a registry would not address egregious acts of foreign state interference.

害羞草研究所淥n the other hand, it will stifle legitimate political debate, stigmatize certain groups, and foster inwardness,害羞草研究所 he said in a written submission, released under the Access to Information Act.

害羞草研究所淭he costs of a registry will far outweigh its meagre benefits. To adopt a registry now is to give in to the politics of fear and division. It will result in a smaller, nastier and more self-absorbed Canada.害羞草研究所

Kwan disagrees, saying a registry would help quell racism.

Creating a list of actual foreign agents would lift a cloud of suspicion that hangs over all members of the Chinese community in Canada, he said. 害羞草研究所淚 think a registry will clear our name.害羞草研究所

Overall, respondents to the public consultation favoured establishing what the government calls a foreign influence transparency registry, but they stressed a need for clarity on how it would work.

A federal summary of the consultation said participants wanted a registry to appropriately define who has to sign on and to spell out what falls within the scope of covered activities.

They also urged the government to continue its outreach program with communities at risk of foreign interference, put more resources toward enforcing counter-foreign interference laws and make additional legislative amendments in the national security sphere.

In that vein, in late November the government announced a fresh public consultation on possible changes to the Canadian Security Intelligence Service Act, which governs Canada害羞草研究所檚 spy service, as well as the Criminal Code, the Security of Information Act and the Canada Evidence Act.

Wark sees the latest federal review as a sign the Liberal government is realizing it should prioritize strengthening the national security legal framework over creation of an influence registry.

Ottawa also needs to figure out what a registry would accomplish that existing legislation governing lobbying activities and federal elections cannot already do, he said.

害羞草研究所淎s much as it looked simple when they first dived into it, I think they increasingly realize that it害羞草研究所檚 not.害羞草研究所

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