Is anyone surprised in the results from implementation and performance of this ?
I’m following this one. Registration is mandatory for anyone who meets criteria, but is also self-initiated. So far only a few dozen have submitted as of maybe a week ago, and only a few have been finalized. In a lot of other cases people are consulting legal counsel to clarify requirements. Numbers will increase and the Commissioner is already beginning to send out notices to identified individuals who are identified as potentially needing to register. That’s a first step in enforcement.
Obviously there will be reluctance to register, all the more so for people who are engaged in less than benign activity. Nobody actually expects illicit foreign agents to register. What matters is that they’re
required to, that not doing so is a criminal offence, and that the Commissioner has power to investigate
including receiving information not admissible in court. That last bit, snuck into section 16 of
FITAA is important- by my read, the Commissioner will be able to receive and use security intelligence in investigations.
Here’s why this matters: if someone’s engaged in some sort of malign foreign fuckery in Canada, we’ll run into the classic gap of ‘what we know’ versus ‘what we can prove in court’. The creation of foreign agent registration offences will offer another angle of investigation and enforcement. Failure to register offences become a criminal offence upon which various warrants and court orders can be based that may then help open up larger investigations. Proving activity on behalf of a foreign entity may be more viable than proving specific instances of criminal foreign interference.
Less exciting to me, but probably more useful in most cases, the Commissioner can impose administrative monetary penalties of up to a million dollars for violations of the act and regulations; that’s an administrative process not involving a criminal trial and on a lower threshold of proof. The Commissioner can also compel people to appear and give evidence under oath in an investigation. People cannot ‘opt out’ of cooperating the way they can in a police criminal investigation.
It will be a while yet before we really see things rolling here, but it has begun. Canada is some years behind the eight ball, but some of our allies have used their foreign agent registration scheme with a lot of success for some time now. It’s an important tool in the toolbox.
If anyone’s more curious, there was a good summary of Bill C-70, the 2024 foreign interference bill, presented as part of the Public Inquiry into Foreign Interference. The parts about the registry start at page 16, but the whole 24 page document is an utterly engrossing read that I’m sure many people besides myself would enjoy on a Sunday morning.