Critical Election Incident Public Protocol
The Protocol at a glance
The protection and preservation of Canada’s democratic institutions and practices is one of the core responsibilities of the federal government. The Cabinet Directive to establish the Critical Election Incident Public Protocol (the Protocol) was published in 2019 as part of the Government of Canda’s plan to safeguard the integrity of Canada’s elections.
The Protocol outlines when and how to communicate about an incident that threatens Canada’s ability to have a free and fair election during the general election Caretaker Convention. The Protocol is limited to incidents that fall within the writ period and that do not fall within the Elections Canada’s mandate. As such, the Protocol is consistent with the Caretaker Convention, which ensures that necessary government operations take place during the writ period.
The threshold triggering the use of the Protocol is limited to addressing exceptional circumstances that could impair Canada’s ability to have a free and fair election, whether based on a single incident or an accumulation of incidents. Determining whether the incident(s) meets the threshold requires considerable judgement by the Panel responsible for administrating the Protocol.
The Protocol includes a process through which Canadians would be notified of an incident, should notification be necessary, and outlines an approach for communicating with Canadians in a clear, transparent, and impartial manner. This includes provisions for: informing candidates, organizations or election officials if they have been the known target of an attack; briefing the group of senior public servants at the heart of the Protocol; informing the Prime Minister and other party leaders (or their designates) that a public announcement is planned; and notifying the public. This process is summarized in this infographic.
Following each general election, an independent report is prepared, assessing the implementation of the Protocol and its effectiveness in addressing threats to the election. A public version of the report is also developed. In this way, the basis for continuous improvement is built into the Cabinet Directive.
For further information on the Protocol, consult the Cabinet Directive on the Critical Election Incident Public Protocol.
The Panel
The Protocol is administered by a group of senior civil servants (the Panel) who are jointly responsible for determining whether the threshold for informing Canadians has been met.
The first of its kind in the world, the Panel consists of five senior positions within the public service. These positions were carefully selected to ensure the key perspectives on national security, foreign affairs, democratic governance, and legal matters. Their significant and diverse experience in these positions ensures that various considerations are taken into account at the decision-making table.
The Panel is comprised of:
- the Clerk of the Privy Council;
- the National Security and Intelligence Advisor to the Prime Minister;
- the Deputy Minister of Justice and Deputy Attorney General;
- the Deputy Minister of Public Safety; and
- the Deputy Minister of Foreign Affairs.
The Panel, working from intelligence provided by national security agencies, is responsible for determining whether the threshold for informing Canadians has been met, either through a single incident or an accumulation of separate incidents. The Panel considers various factors when making this determination, and must maintain the important balance between countering foreign interference in elections, and respecting the right of Canadians to express their opinions during an election period.
Guidance for the Panel for the implementation of the Protocol
The Panel plays a key role in coordinating Government efforts to protect the federal election during the caretaker period. To support this, the Clerk of the Privy Council issued a guidance to the Panel members: Guidance for Panel members for the implementation of the Cabinet Directive on the Critical Election Incident Public Protocol.
The guidance builds on the expectations set out in the Protocol, offering additional clarity on the roles and responsibilities of the Panel in safeguarding the federal election, based on how the Panel operated in the last two elections. It outlines that, as part of its deliberations to fulfil its mandate, the Panel shall take note of whether and how the full range of actions available to the Government of Canada to safeguard against incidents that threaten Canada’s ability to have a free and fair election have been considered, including considerations related to communicating with Canadians.
Key considerations for Panel decisions
During the general election period, the Panel receives regular intelligence briefings from Canada’s national security agencies through the Security and Intelligence Threats to Elections (SITE) Task Force. Based on the intelligence the SITE Task Force provides, the Panel will assess whether a threat meets the threshold for a public announcement.
The Panel’s threshold for public communication is high. This is for several reasons:
- We want to avoid elevating or drawing unnecessary attention to a minor incident that could produce negative consequences or unwarranted alarm
- It’s important to ensure that communication about an incident does not in and of itself become a disruption to, or influence in, the election outcome
- A public announcement could also inadvertently serve a foreign state’s goal to sow discord and discredit democracy
This decision must be carefully weighed. There are different considerations that could be included in making this judgement, including:
- the degree to which the incident(s) undermine(s) Canadians’ ability to have a free and fair election
- the potential of the incident(s) to undermine the credibility of the election
- the degree of confidence officials have in the intelligence or information
For more information, consult the Key Considerations for Panel Decisions.
Updates to the Protocol
The Protocol underwent an independent assessment following the 43rd General Election in 2020 and has been renewed and updated for future elections.
Updates to the Protocol include:
- aligning the Protocol’s application period with the Caretaker Convention;
- explicitly allowing for the Panel to consult with the Chief Electoral Officer and to receive; information and advice from sources other than the national security agencies;
- clarifying the Panel’s ability to consider potential incidents of interference involving both foreign and domestic elements, and malicious actors.
For more information:
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