Michael Chan, CSIS Warrant Target, Urges Hogue to Reject 'Untrue' Intelligence Leaks About Don Valley North
'Nor will CSIS step forward and confirm that nothing of concern was found in its electronic surveillance of Mr. Chan': Final Submission
OTTAWA — Markham’s Deputy Mayor Michael Chan, the target of a controversial CSIS warrant application delayed by Public Safety Minister Bill Blair's office for at least 54 days, has asked Commissioner Marie-Josée Hogue to declare that CSIS leaks to the media—which suggested Chan influenced Justin Trudeau’s decision to replace a sitting MP in Toronto’s Don Valley North riding with another candidate for the 2019 federal election—are false.
Chan’s submission refers to leaks from The Bureau’s national security sources and resulting reports, which have included Chan’s denials of any wrongdoing.
"The leaked falsehoods continue to be spread in the press and through social media when they comment on the Commission’s work," Chan’s lawyer from the firm Miller Thomson asserted in a November 18 submission to the Commission.
"CSIS itself will not step forward to stop this by saying that the rumours were in fact untrue. Nor will CSIS step forward and confirm that nothing of concern was found in its electronic surveillance of Mr. Chan," the submission continued. Chan’s lawyer emphasized the impact of the leaks on his client, describing the situation as “Kafkaesque.”
"He knows that the rumours spread about him in connection with the Don Valley North nomination are untrue. He voluntarily assisted (at his own expense) the Commission in interviews and testimony to allow it to correct these falsehoods. He knows that the evidence of others, both before this Commission and before the Special Rapporteur, confirm his testimony."
Chan’s legal team also cites the first report of "Special Rapporteur" David Johnston on this matter. Johnston, who stepped down citing partisan pressure over reports of his ties to Prime Minister Justin Trudeau—whose government is at the center of the Chan warrant controversy—previously addressed related claims in his report, which also recommended against a public inquiry.
Referring to Johnston’s findings, Chan’s submission notes, "LPC officials disagree with the assertion that (then-Don Valley North Liberal MP) Tan Geng was ‘ousted’ by Mr. Chan. They stated that Mr. Geng (sic) was not permitted to run as a candidate for the LPC due to a personal matter that had nothing to do with Mr. Chan."
As reported by CTV in June 2023, Johnston strongly refuted allegations of conflict when he announced his resignation but faced intense scrutiny during a parliamentary hearing. According to CTV, Johnston "was peppered with questions over his close family connection to the Trudeau family, his past membership status with the Pierre Elliott Trudeau Foundation that's faced scrutiny over a China-linked donation, and the past Liberal donations from the counsel he retained to support his work."
Michael Chan’s final submission to Hogue also references Bill Blair’s testimony, emphasizing his concerns about the impact of leaks. Blair, whose handling of the warrant is under examination, testified: "I am also concerned that it (i.e., leaks) would potentially have the effect of identifying someone who’s not accused of a crime but who was the subject of an investigation. And I've been engaged in many of those investigations and the protection of that process, the integrity of the investigation and the protection of their rights as citizens needs to be considered in the release of that information."
As The Bureau reported this week, Alan Treddenick, a former senior officer in Canadian police and intelligence services, warned that the delay in Blair’s office raises questions about whether Liberal Party officials connected to the explosive warrant were tipped off, as Blair’s staff weighed its political fallout ahead of the Liberal Party’s 2021 election campaign.
The inquiry revealed that Blair and his top aide were briefed by CSIS around March 2021 on the pending warrant for Michael Chan. The document, which outlined a list of individuals potentially in communication with Chan, remained in Blair’s office for at least 54 days before it was approved.
“Regardless of the election, the 54-day period needs examination from a criminal point of view: obstruction, breach of trust, and possibly infractions of the Security of Information Act,” Treddenick said in an interview.
The Bureau has reported that high-level sources alleged CSIS believed the warrant’s target could influence the Prime Minister’s Office regarding the replacement of a sitting MP. This was viewed as the most concerning counterintelligence threat for CSIS in 2021, the sources alleged, due to the potential influence on the Prime Minister and his staff by a key party fundraiser.
However, Chan’s submission maintains, "The credible evidence the Commission has as a result of its work should allow it to publicly find the rumours spread by unknown CSIS employees about Mr. Chan to be false." The filing adds, "It is submitted the Commission should not, by failing to address this, force Mr. Chan to continue to live under the unjustified clouds of suspicion caused by the leaks."
The submission further argues, "The Canadian public should not be left with the false impression that a former longstanding Ontario cabinet minister has somehow conspired with or assisted a foreign government in connection with the federal electoral process. This was one of the main fact allegations that triggered this inquiry, and it is just not true."
Chan’s submission comes amid growing scrutiny of CSIS leaks and Trudeau’s government’s response. MP Han Dong, whose nomination in the Don Valley North riding was probed by Hogue in the inquiry’s first phase, filed a submission to Hogue in April strongly denying any involvement in or knowledge of irregular activities in his 2019 nomination.
“Testimony at the Stage 1 hearings established that the intelligence about alleged irregularities in Don Valley North was not backed by evidence,” Dong’s submission said, adding, “even an intelligence brief on the subject that was recalled by CSIS … described the allegations as ‘unsubstantiated.’”
Hogue’s final report on the Trudeau administration’s handling of the Chan warrant and broader issues examined in her inquiry is expected in January 2025.
Editor’s note: This story was clarified to note that Commissioner Hogue asked for and recieved an extension to file her final report in January 2025.