Over half a dozen judges 'decline' overseeing 'contentious' public inquiry into foreign interference: sources

Since the messy departure of David Johnston as special rapporteur on foreign interference, the federal government has yet to find a judge willing to assume the role of potential commissioner.

According to multiple government sources, at least six current or retired judges have turned down the position to oversee a public inquiry. 

"We'll hear things like, 'I'm in my seventies. I don't have much time left. To end up in the news every week, I don't know, I think I'm going to pass,'" said one source. 

"You start over and have to ask the next person in line, who asks for time to think about it before refusing," they added.

"You can't ask three people at the same time in case more than one says yes. It has to be one at a time."

On June 9, Johnston resigned several weeks before his tenure as special rapporteur ended, citing a "highly partisan atmosphere around my appointment and work."

He unveiled his report on the viability of a public inquiry on May 23, concluding that such a review of classified intelligence "cannot be done."  

Except for NDP leader Jagmeet Singh, opposition leaders dismissed Johnston's March 15 appointment as special rapporteur.

Conservative leader Pierre Poilievre dismissed the announcement because Johnston is a Trudeau "family friend."

"Justin Trudeau has named a 'family friend,' old neighbour from the cottage, and member of the Beijing-funded Trudeau foundation, to be the 'independent' rapporteur on Beijing's interference," he said.

Poilievre urged Trudeau to abandon searching for a special rapporteur and call a public inquiry instead.

While Singh shared Poilievre's calls for a public inquiry, he told reporters he had no reason to doubt Johnston's capability and impartiality for the job.

"Johnston is someone of a strong reputation of integrity, and he is independent and nonpartisan. And so I trust him to do his work," said Singh.

Since leaving the governor general's office in 2017, Johnston has served as commissioner for federal leadership debates and has been a Trudeau Foundation member.

He oversaw selecting board members and other oversight functions, including scholarships to humanities and social sciences students.

"When I undertook the task of the independent special rapporteur on foreign interference, my objective was to help build trust in our democratic institutions," Johnston wrote in his resignation letter.

As part of the report, he requested that opposition leaders receive intelligence briefings on foreign interference as part of a "necessary step in transparency and accountability."

The former governor general frequently disputed claims of bias owing to his relationship with Prime Minister Justin Trudeau. As special rapporteur, he condemned them as "baseless accusations" that "diminish trust in our public institutions." 

"I have been fortunate in my public life to have served […] prime ministers, several premiers, several ministers and none of those [ever questioned] my impartiality or integrity."

Following Johnston's resignation, the federal government said it would consider a public inquiry, but choosing a commissioner has proven difficult.

Over half a dozen former judges have already rejected the offer, anonymous sources with knowledge of the ordeal told the National Post. They indicated no interest in overseeing such a contentious political inquiry. 

 

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