Faced with potentially being found in contempt of Parliament, the Conservative government has asked a respected Canadian jurist to determine whether it can withhold documents related to the alleged torture of Afghan detainees.
The surprise move Friday by Justice Minister Rob Nicholson effectively neuters what was shaping up to be a relentless attack from opposition members during the spring session of Parliament.
“The government acknowledges that it is appropriate that decisions on the disclosure of information in these circumstances be reviewed independently,” Mr. Nicholson told the House of Commons as he announced that Frank Iacobucci will review the contested documents to determine whether they can be released. “This will ensure that parliamentarians will have as full and complete access to government information as is necessary to perform the function of holding the government to account.”
The allegations that Afghan detainees were tortured by Afghan officials after being handed over by Canadian troops took a central role in parliamentary debate last fall, and is the reason that critics believe Prime Minister Stephen Harper decided to prorogue Parliament for two months.
Mr. Nicholson told Parliament that Mr. Iacobucci, a former Supreme Court justice, will determine whether redactions proposed by the government on the basis of national security are reasonable.
“In the case of injurious information, he will report to me on whether the information or a summary of it can be disclosed, and report on the form of disclosure or any conditions on disclosure,” Mr. Nicholson said.
Mr. Iacobucci, he added, will prepare a report to be tabled in the House that will include a description of his methodology and general findings.
But the terms of reference of the review had not been decided Friday, nor was it known how Mr. Iacobucci would conduct his review, whether any part of it would be public, or how long it would take.
Derek Lee, a Liberal MP who has indicated that he will raise a point of privilege in the House of Commons that could ultimately see senior cabinet ministers and the government being declared in contempt of Parliament, said Friday's announcement left him undeterred.
The process through which Mr. Iacobucci is to determine what documents can be released “was not fully defined,” Mr. Lee said, adding that he will wait to see what the government has planned before he makes his next move.
Mr. Iacobucci, who was out of the country and unavailable for comment Friday, led the inquiry that found in 2008 that Canadian officials had indirectly contributed to the detention and torture of three Canadian men in the Middle East. He did not hold any public hearings in that matter.
Alex Neve, the secretary general of Amnesty International Canada, who has worked on both the issue of the three tortured men and the Afghan detainee matter, said he believes the decision to launch a review of the documents is a delay tactic.
“We should be at the stage of disclosure, not at the stage of embarking on an as-yet-undefined process that will take who knows how long,” Mr. Neve said.
But Stuart Hendin, an expert in the law of war and international rights issues, said the real question is what documents Mr. Iacobucci will be asked to review.
Mr. Hendin said Canadians need to know not only about the agreement signed by the current Conservative government regarding the transfer of detainees, but also about the agreement signed by the Liberal government in 2005.
“It's a continuum,” he said. “What did the Liberals know? And, when the Conservatives came in, what did they know?”
