Media Room

News Release

For Immediate Release

Complaints Commission "Surprised" by Government Law Suit

OTTAWA, April 14, 2008 - Peter A. Tinsley, Chair of the Military Police Complaints Commission (MPCC), today expressed surprise and disappointment over the federal government's decision to go to court over a Commission investigation into allegations involving military police conduct in Afghanistan.

At issue is the Commission's ongoing investigation into a joint complaint by Amnesty International Canada and the British Columbia Civil Liberties Association. The Commission is examining allegations that members of the Canadian Forces (CF) military police transferred detainees to Afghan authorities, or allowed them to be transferred, notwithstanding evidence that the detainees could be tortured.

"We're surprised and disappointed by the Government's decision to seek a court order to block the investigation and to prevent a public interest hearing into this important case," stated Mr. Tinsley. "It's especially surprising given the fact that the Government did not challenge our jurisdiction a year ago when we first launched our investigation."

Mr. Tinsley added that, over the last year, various Government departments and agencies have provided the Commission with thousands of documents and made several witnesses available for interviews with investigators. The Chair confirmed that the Commission will continue to investigate the allegations.

"We fundamentally disagree with the Government's position," added Ms. Freya Kristjanson, Lead Counsel for the MPCC on this case. "We are confident the Commission acted within its jurisdiction when it launched the investigation and decided to hold a public interest hearing. We will be applying to the Federal Court to present those arguments."

Established by Parliament in 1998, the role of the MPCC is to provide for greater public accountability by the military police and the chain of command in relation to military police conduct and investigations.

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Claude Dubois
Communications Officer
(613) 947-5668
claude.dubois@mpcc-cppm.gc.ca

BACKGROUNDER

• On February 9, 2007, the Military Police Complaints Commission (MPCC) launched a public interest investigation into allegations involving military police conduct in Afghanistan. This decision related to a formal complaint from University of Ottawa Professor Amir Attaran. He cited evidence of possible abuse of individuals apprehended by members of the Canadian Forces (CF) in April 2006, which the Military Police are alleged to have not investigated, nor provided appropriate medical care.
• On February 21, 2007, Amnesty International and the British Columbia Civil Liberties Association lodged a complaint with the MPCC. They alleged that unidentified CF Military Police, including the Canadian Forces Provost Marshall (CFPM), had transferred detainees to Afghan security forces knowing there was a serious risk that the detainees could face unlawful mistreatment, including torture.
• Five days later, the Chair of the MPCC, Mr. Peter A. Tinsley, issued a decision letter announcing that the Commission would initiate a public interest investigation. The Chair reserved the option to order a public interest hearing if the power of subpoena became necessary to ensure access to all necessary documents and information.
• The Commission began requesting documentation from the Department of National Defence and other government departments in early March, 2007.
• Despite persistent efforts by Commission staff, responses were slow, censored, and in some cases ignored.
• On January 28, 2008, Mr. Tinsley wrote to the Minister of National Defence advising him of the lack of cooperation on the part of some government authorities to provide the necessary information.
• On February 20, 2008, one year after the initial complaint, Commission General Counsel, Ms. Julianne C. Dunbar, provided a status letter to update the various parties. Specifically, she stated that without more government cooperation, the Commission would not be able to fulfill its mandate.
• On February 22, 2008, a Department of Justice lawyer, Mr. Alain Préfontaine, wrote to the Commission on behalf of the Government of Canada. Mr. Préfontaine took the position that the uncensored documents the Commission was requesting would not be provided.
• On March 7, 2008, Ms. Dunbar wrote to Mr. Préfontaine indicating that the government's decision not to cooperate further would prevent the Commission from fulfilling its mandate.
• On March 12, 2008, Mr. Tinsley issued a decision letter indicating that, in order to properly investigate the allegations, it had become necessary to engage in a public interest hearing. It is only in a hearing process that the Commission can compel individuals and organizations to provide specific documents.
• On April 11, 2008, the Attorney General of Canada filed a Notice of Application with the Federal Court of Canada that would prohibit the MPCC from investigating the complaint and would overturn the Chair's decision to hold a public interest hearing.
• The Notice of Application does not apply to the Commission investigation into the complaint lodged by Professor Attaran.