Foreign Interference Commission, thank you for receiving the truthful information from the community.
We submit this statement on the Royal Canadian Mounted Police (RCMP) made an irresponsible public announcement in 2023, that the Service à la Famille Chinoise du Grand Montréal and the Centre Sino-Québec de la Rive-Sud were under investigation by the Integrated National Security Enforcement Team (EISN) and were allegedly operating as illegal Chinese “police stations.”
I. THE PARTIES
1. The Chinese Family Service of Greater Montreal (hereinafter “SFCGM”) and the Sino-Québec Centre of the South Shore (hereinafter “CSQRS”) are Montreal community organizations whose mission is to help new Chinese immigrants adapt and thrive within both the Quebec and Canadian communities;
2. Ms. Xixi Li is the Executive Director of the two organizations;
3. Our organisations argue that the actions of the RCMP, the Royal Canadian Mounted Police (hereinafter “RCMP”), particularly regarding the disclosure of information related to the investigation into clandestine “Chinese police stations,” are harmful to us and constitute defamation under Quebec law;
4. The manner in which the existence of the investigation concerning our organisations was publicly revealed reflects the RCMP’s indifference to the accuracy of the information conveyed, a lack of diligence in performing their duties, and a complete lack of consideration for the harm caused by the disclosure of this information on our organisations’ reputation and status;
II. Organisations and the services provide to the community
a. The SFCGM
The SFCGM is a non-profit organization established in Montreal’s Chinatown since 1976. It is incorporated under Part III of the Companies Act, as evidenced by the State of Information of a legal person in the Enterprise Register dated January 17, 2024.
The mission of the SFCGM is to “promote the well-being of the Chinese and Asian communities in Quebec, to undertake inclusive community actions for newcomers to enable their adaptation and flourishing in Quebec society,” as noted in the 2021-2022 Annual Report of the Service à la Famille Chinoise du Grand Montréal.
The organization offers numerous services to the community, such as language courses, family and senior support services, newcomer reception and integration services, employability, legal information, education, prevention, research, volunteering, and youth programs.
During 2021-2022, the organization provided frontline services to 5,627 newcomers to support their integration process and offered French courses to 1,787 non-Francophone immigrants from over forty (40) countries.
In the same period, the organization also assisted many immigrants in achieving financial stability and independence by accessing the Quebec labor market. The Employment Assistance Service program served 230 clients, at least 115 of whom found employment or returned to studies.
To offer these services to the community, the SFCGM had several grants and contracts from both levels of government.
In 2019, to meet the growing needs of the community it serves, the SFCGM acquired a building worth over $3 million in Montreal’s Chinatown through a long-term lease transfer, as evidenced by a certified copy of a long-term lease transfer under judicial control signed before Notary Tommy Fréchette on May 8, 2019, and kept under number 2672 of his minutes.
b. The CSQRS
The CSQRS is based in Brossard, on Montreal’s South Shore, and was founded in 1990. Initially a subsidiary of the SFCGM from 1990 to 1995, it is now an independent non-profit organization incorporated under Part III of the Companies Act, as evidenced by the State of Information of a legal person in the Enterprise Register dated January 17, 2024.
Firmly rooted in the community, the CSQRS has become a privileged spokesperson for the Chinese community with governmental, public, para-public, and private institutions regarding access to social services and the integration of new immigrants.
Services offered to the Chinese community on Montreal’s South Shore include language courses, family and individual support services, senior services, newcomer reception and integration, volunteering, youth programs, awareness activities, intercultural reconciliation and civic participation services, employability services, legal information, and actions to promote academic success.
In 2021 and 2022, the CSQRS’s various services and interventions aimed at assisting individuals with their integration into society reached 320 clients, including 279 seniors who benefited from 920 services and 1,381 interventions, addressing a variety of daily life challenges, as noted in the 2021-2022 Annual Report of the Centre Sino-Québec de la Rive-Sud.
Like the SFCGM, the CSQRS had several grants and contracts with both levels of government to provide these services to the community.
c. Recognition
Among the partners of these organizations are Centraide du Grand-Montréal, Justice Québec, l’Envol (a program for young mothers), and the Canadian Red Cross.
The quality of our services and dedication have been recognized through numerous awards and distinctions.
In 2015, the SFCGM received the Hommage bénévolat Québec award, as mentioned in the organization’s annual report.
In June 2019, the CSQRS received the Medal of the National Assembly for its remarkable contribution to the community, both in terms of social development and cultural outreach, as noted in the List of Recipients of the Medal of the National Assembly for 2019.
In 2019, Director Xixi Li received the Community Contribution Award from the Chinese Entrepreneurs Council of Canada, as mentioned in the organization’s 2021-2022 annual report.
The SFCGM and the CSQRS are resource organizations and landmarks for newcomers of Chinese origin and were recognized and supported by both provincial and federal governments.
III. THE ALLEGED RCMP INVESTIGATION, IT’S MEDIA COVERAGE, AND IT’S IMPACTS
On March 9, 2023, the RCMP’s Integrated National Security Enforcement Team (INSET) confirmed to several media outlets that the SFCGM and the CSQRS were under investigation by the federal police and were alleged to be illegal Chinese “police stations.”
From that point on, dozens of articles mentioned our organisations directly and associated us with issues of Chinese interference on Canadian soil.
When questioned about our organisations on that day and the following days, RCMP spokesperson Sergeant Charles Poirier stated: “We know very well that certain people are under pressure, fearing for themselves or their families. We want to reach out to them. Not only to detect and perturbation, but if we can also take repressive actions, we will do so,” as stated in the Journal de Montréal article titled “La GRC enquête sur deux présumés ‘postes de police’ chinois au Québec,” written by Sarah-Maude Lefebvre and Yves Lévesque and dated March 9, 2023.**
“These are alleged Chinese police stations in Quebec. The investigation started a few weeks ago,” as stated in the La Presse article titled “La GRC enquête sur deux présumés ‘postes de police chinois’,” written by Vincent Larouche and Henri Ouellette-Vézina and dated March 9, 2023.
“In Quebec, the police reported that the targeted establishments are engaging in intimidation related to the Chinese Communist Party regime. ‘We are talking about pressures, veiled or not veiled threats. It seems that there could even be a climate of terror prevailing within the diaspora for some people. That’s why, during the investigation, we corroborate and especially ask for the public’s help. We need information from people who are experiencing pressure,’ said Sergeant Poirier,” as stated in the La Presse article.
“Following our call to the public as part of our investigation into the alleged Chinese police stations in the greater Montreal area, we received about a dozen promising reports,” as stated in the TVA Nouvelles article titled “La GRC a reçu une douzaine de signalements ‘sérieux’ sur les présumés ‘postes de police’ chinois à Montréal,” written by Sarah-Maude Lefebvre.
The RCMP set up a phone line dedicated solely to this investigation to gather as much information as possible from the public, as stated in the Journal de Montréal article titled “Très étroitement liés au Parti communiste,” written by Sarah-Maude Lefebvre and dated March 9, 2023.**
The RCMP met with some members of the boards of directors of our organisations but never met with Director Xixi Li.
After these meetings, our organisations did not receive any request to close or stop our activities.
On April 27, 2023, the federal Minister of Public Safety, Mr. Marco Mendicino, told the media that the RCMP had taken decisive action to close the alleged Chinese “police stations,” as stated in the La Presse article titled “Les postes de police chinois sur le sol canadien ont été fermés, assure Ottawa,” written by Joël-Denis Bellavance and dated April 27, 2023.
However, despite the Minister’s statement, our organisations were never subject to “decisive measures,” as the RCMP did not contact us again.
IV. THE FAULT
The RCMP, like any police force, is subject to various obligations during the course of its investigations.
Indeed, the RCMP is not only subject to the Royal Canadian Mounted Police Act (R.S.C., 1985, c. R-10), the regulations adopted under it, and the Crown Liability and Proceedings Act (R.S.C., 1985, c. C-50), but also to the Civil Code of Quebec (CQLR, c. 1991) (hereinafter “C.c.Q.”).
Under Article 1457 of the C.c.Q., the RCMP has an obligation to: “comply with the rules of conduct that, according to the circumstances, customs, or law, are imposed on it, in order not to cause harm to others.”
The disclosure of the names of organizations as entities and individuals under investigation for criminal acts related to foreign interference, while the investigation is still ongoing and incomplete, cannot be considered as an action conforming to the behavior of a police officer acting prudently and diligently.
Indeed, given the seriousness of the publicly made “accusations,” the stage at which the investigation was at the time of public revelations, and the fact that these accusations directly and unambiguously targeted our organisations, we argue that the RCMP acted negligently.
Furthermore, at the time of the disclosure of the alleged involvement of our organisations in the media regarding the “police stations” in China, our organisations were unaware that we were under investigation, and certainly not for illegal activities, putting us in a position where we could hardly respond publicly, not knowing exactly what we were being accused of.
Our organisations emphasize that the RCMP failed to conduct a thorough investigation before publicly accusing us, among other things, of being affiliated with the Chinese Communist Party and participating in foreign interference in Canada.
In fact, the RCMP only contacted our organisations SFCGM and CSQRS once, and that was to meet our board of directors.
Thus, the RCMP did not verify, with the prudence and diligence it should have exercised, the veracity of the allegations made against our organisations. This failure represents a significant gap in the investigation procedures followed by the RCMP and demonstrates a cavalier approach that deliberately ignored the rights of our organisations.
Moreover, our organisations argue that not only are the allegations against us unfounded, but that the RCMP failed to provide us with evidence to support its claims, or at least to explain the general nature of its evidence, when we requested it on August 3 and 10, 2023, as shown by a copy of the letter addressed to the Minister of Public Safety, Democratic Institutions, and Intergovernmental Affairs, Mr. Dominic Leblanc, dated August 10, 2023.
In response to these request letters, the RCMP provided no substantial evidence, as shown by the letter from Martin Roach, Deputy Commissioner of the Royal Canadian Mounted Police, dated October 19, 2023.
The RCMP could not ignore the impact that the disclosure of information about allegations of foreign interference would have on our organisations.
The reckless actions of the RCMP have resulted in a complete violation of our organisations’ right to reputation.
Indeed, after 50 and 30 years respectively of loyal service to the community, particularly in the integration of new Chinese immigrants into society, the fact that our organisations SFCGM and CSQRS have been named and labeled as illegal “Chinese police stations” was done without any consideration for our organisations, who were victims of this public denunciation. This lack of consideration is particularly damaging for our organisations because, in order to offer our services, maintain our activities in the community, sustain our relationships with various institutions we interact with, and receive necessary funding for these activities, it is imperative that our reputation be preserved.
Being targeted as “Chinese police stations” by the national police condemns our organisations in the public eye, rendering them “guilty” even before any formal charges are laid. In the eyes of the public, our organisations are, and will continue to be, seen as foreign agents responsible for interference on Canadian soil, engaging in illegal activities under criminal law.
Being labeled as such, as will be demonstrated more thoroughly during the hearing, has heavily tarnished the reputation of each of our organisations. Furthermore, the cavalier and rash behavior of the RCMP and the consequences of the unfounded accusations of operating “Chinese police stations” have infringed upon the rights to integrity and security of the director, Xixi Li.
Ms. Li was not informed of the RCMP’s allegations against our organisations she directs and only learned of them on the morning of March 9, 2023, when her house was surrounded by journalists following the RCMP’s media releases. Ms. Li has suffered a profound violation of her right to dignity, honor, and reputation, in addition to living in constant fear and insecurity since the RCMP’s disclosure of their investigation. As a director, she has faced numerous verbal attacks against her and has become a subject of mistrust within her community and generally among the people around her.
The public disclosure of our organisations’ names in the context of an incomplete investigation has led to a series of damages for our organisations, which continue to suffer the aftermath of the severe violation of our rights.
The RCMP acted with recklessness, negligence, and disregard towards our organisations and is thus responsible for the damages we have suffered and continue to suffer due to the disclosure of the ongoing investigation. Moreover, the actions of the RCMP go beyond mere negligence and represent a deliberate disregard for the rights of our organisations.
V. DAMAGES
Despite the press conferences, public statements, and efforts made by our organisations to mitigate the impact of the RCMP’s allegations on our activities, as evidenced by the Press Release of March 14, 2023, and the Public Statement from SFCGM and CSQRS of April 28, 2023, the damages sustained are of such a magnitude that we risk jeopardizing the survival of SFCGM and CSQRS;
Following the disclosure of the investigation concerning our organisations, SFCGM and CSQRS have suffered substantial financial losses, primarily due to the withdrawal of grants provided by certain organizations and various levels of government;
our organisations are therefore seeking compensation for the damage to our reputation caused by the actions of the RCMP, as well as the damages directly resulting from the defamation we have endured, including emotional distress and the economic consequences we have experienced and continue to experience;
As for Ms. Li, she has been personally associated with all the allegations concerning our organisations, which has caused her significant stress. As of the present date, she is still suffering the consequences of this association.
a. Summary of Material Damages
The material damages suffered by our organisations SFCGM and CSQRS are detailed as follows:
– SFCGM ($) 3,003,331.22
– CSQRS ($) 68,279.00
It should be noted that most of the contracts and agreements that were canceled or reevaluated had been in place for several years, some for over 30 years, as will be more fully demonstrated during the hearing. Since the disclosure of the investigation has had and will have further repercussions, significantly affecting our organisations’ future sources of funding, the amount of damages claimed herein is to be finalized.
Some of these future impacts are already visible in correspondences with certain representatives of the Quebec and Canadian governments. For example, the Quebec government announced its intention not to initiate new wage subsidy agreements in light of the recent allegations against SFCGM in the media, as evidenced by an email sent by Mr. David Poncelet, Director of the Business Services Center – Employment Integration, to Ms. Xixi Li, dated March 30, 2023.
Furthermore, the Ministry of Labor, Employment, and Social Solidarity announced that it would not renew the financial support agreement concluded for the years 2022-2023 with the applicant SFCGM following certain facts brought to their attention, as evidenced by a letter written by Ana Maria Mujica dated May 17, 2023.
The RCMP’s disclosure of the names of our organisations as being under investigation for extremely serious crimes has created a climate of mistrust towards our organisations and the different actors with whom we interact as part of their mission. Our organisations are therefore entitled to claim an amount of $3,071,610.00 as material damages, with $3,003,331.22 for SFCGM and $68,279.00 for CSQRS, to be finalized.
b. Moral Damages
i. SFCGM and CSQRS
Our organisations have seen our reputation completely destroyed, not only in Quebec but also nationally. Overnight, these organizations went from being reputable community organizations, supported by both levels of government, to being identified by the RCMP as engaging in illegal activities and presumed to be clandestine “Chinese police stations.”
Our organisations have received numerous hateful and disturbing emails from members of the public, such as: “We are watching you now too. SYLVIE,” sent by syla687@gmail.com on March 9, 2023.
“Are you a center of hypocrisy only to spy on your former citizens who moved to Canada to escape your shitty government regime?? And spy on the Canadian and Provincial governments?? Are you as much of a liar as Putin. Our respect for the Chinese has significantly declined with all the recent revelations. Spy balloons and more! How many Chinese spies are there in Quebec and in your centers in Quebec? Some departments are useful to our Chinese citizens, but the other departments are full of liars and hypocrites. Send them back to China as soon as possible before the situation worsens. We are not as stupid and gullible as you think. Have a good day!” sent by Pierre Duplessis on March 9, 2023.
“Not surprised at the Chinese scams and our government’s weakness. It’s time to pack your bags and get out of Canada. We’ve had enough of China. Antoine Richard” sent by crdr@videotron.ca on March 9, 2023.
“We’re watching you!” sent by revol3333@hotmail.com on March 11, 2023, and its attachments.
“I am very concerned about reports that you engage in anti-Western opinions and harassment against some members of the Chinese community living in Canada. This is unacceptable. Could I live in China and engage in the same activities there? I don’t think so. Your government would immediately put me in prison. Therefore, I urge you to correct your actions and stop your anti-Canadian propaganda,” sent by Marc Fedak on January 3, 2024.
Recently, our organisations continued to face the repercussions of the RCMP’s disclosure of their investigation, as evidenced by Marc Fedak’s recent email in early January 2024.
ii. Mrs. Xixi Li
As the director of the two institutions, Mrs. Xixi Li has personally suffered from the impact of the unfounded accusations subject to these proceedings. Following the RCMP’s public statements concerning the two community organizations, many media outlets labeled Mrs. Li as the “head” of the “Chinese police stations,” which has greatly affected her personal and professional reputation, as well as her career as a city councillor in Brossard.
Notably, she was invited to participate in a coffee meeting organized by the Groupe Femmes, Politique et Démocratie (GFPD) as a political and/or engaged racialized woman, as evidenced by a copy of the email from Madame Rode-Sindia Dieujuste dated February 13, 2023. However, on March 16, 2023, Mrs. Li was informed that she would not be welcomed as a panelist at the GFPD coffee meeting “due to the ongoing investigation with which you are associated, perhaps despite yourself,” as evidenced by a copy of the email from Madame Esther Lapointe dated March 16, 2023.
Mrs. Li woke up on the morning of March 9, 2023, to find her residence surrounded by journalists, for a reason still unknown to her at that time, following the RCMP’s public statements. Since the disclosure, Mrs. Li has been experiencing significant stress and major sleep difficulties, to the point where she has been prescribed medication to combat her insomnia.
VI. LETTER OF DEMAND
On December 1, 2023, the RCMP was formally demanded to issue a public apology and financially compensate our organisations for the damages suffered, all to restore our reputation, as evidenced by the Letter of Demand from Me Maryse Lapointe and the service record, dated December 1, 2023.
The RCMP responded to the letter of demand within the specified timeframe, informing our organisations of their intention to respond, as evidenced by the Letter from Me Sirois-Vaillancourt of the Department of Justice Canada, dated December 6, 2023.
As of December 15, 2023, Me Sirois-Vaillancourt indicated to the undersigned attorney that the review of the file was ongoing and that a response would be provided as soon as possible, as evidenced by the email from Me Mariève Sirois-Vaillancourt dated December 15, 2023.
Given the significant impact that the RCMP’s actions have had and continue to have on the reputation of the SFCGM and CSQRS organizations, as well as the director Xixi Li, on March 8 of 2024 we filed a lawsuit against the RCMP for material and moral damages for the defamation we have suffered.
CONCLUSION
The RCMP’s actions have caused significant damage to our organizations, both financially and reputationally.
a. Reputational Damage
1. The public disclosure of the investigation has caused harm to the reputation of the SFCGM, the CSQRS, and our directors and members.
2. The SFCGM and CSQRS are recognized and respected organizations, known for our significant contributions to community integration and support. The RCMP’s actions have unjustly tarnished our reputations, leading to a loss of trust and respect within our communities and among our partners.
3. The media coverage and public statements made by the RCMP have led to misinformation and negative perceptions about our organizations. Despite the RCMP’s claims, no concrete evidence or legal action has been taken against us, yet the damage to our reputation remains substantial.
b. Financial Damage
1. The damage to our reputations has also had financial implications. The SFCGM and the CSQRS rely on government grants, donations, and contracts to fund our services and programs. The negative media coverage and public perception have affected our ability to secure funding and support.
2. We have faced increased scrutiny and challenges in our interactions with government agencies, partners, and the public, impacting our ability to carry out our mission effectively.
We have the following questions here:
1. The RCMP said they have ‘credible information’ about the so-called ‘police stations’ in Quebec. Is this information from Safeguard in Spain? Isn’t it a form of foreign interference?
2. We also want to know what the definition of a Chinese ‘police station’ is?
THE REMEDY SOUGHT
We respectfully request the following remedies:
1. A formal retraction and public apology from the RCMP, acknowledging that no evidence was found against the SFCGM or the CSQRS and that the disclosure of the investigation was premature and damaging.
2. Compensation for the reputational and financial damages incurred as a result of the RCMP’s actions.
3. Assurance that measures will be taken to prevent similar incidents in the future, including adherence to the principles of confidentiality and responsible communication.
We hope to resolve this matter amicably and constructively and remain committed to our mission of serving the community and supporting newcomers to Quebec.
Thank you again for the Commission’s willingness to listen to the voices of the victims of the expanded “foreign interference” investigation. I hope that the information we provide will help the Commission to more comprehensively examine foreign interference in Canada.
Merci encore à la Commission pour sa volonté d’écouter les voix des victimes de l’enquête élargie sur « l’ingérence étrangère ». J’espère que les informations que nous fournissons aideront la Commission à examiner de manière plus exhaustive l’ingérence étrangère au Canada.