Chairperson’s Final Report - MPCC 2007-003 - Concerning the Afghan Detainee complaint by Dr. Attaran

April 23, 2009

Distribution List

Our File: MPCC 2007-003

Subject: Final Report – Public Interest Investigation

 

On December 31, 2008, following completion of the Commission’s public interest investigation into the above-referenced conduct complaint, an Interim Report was forwarded to the Minister of National Defence, the Chief of the Defence Staff, the Judge Advocate General and the Canadian Forces Provost Marshal.

Pursuant to subsections 250.49(1) and 250.51(1) of the National Defence Act, the Canadian Forces Provost Marshal reviewed the Commission’s findings and recommendations in relation to this public interest investigation and provided a Notice of Action dated April 3, 2009.  Clarification on a point of interpretation of the Notice of Action was sought and received from the Canadian Forces Provost Marshal on April 15, 2009.  The Chief of the Defence Staff is expected to provide a further response to the Commission’s recommendation, following which the Commission will issue an addendum to this report.

This Final Report is presently being distributed only to the designated recipients as per subsection 250.53(2) of the National Defence Act, including Major (Retired) J.A. Fraser, whom I have determined to be a person with a substantial and direct interest in the complaint for the purposes of that subsection.  The report will be made available to the public on Monday, April 27, 2009, by posting on the Military Police Complaints Commission web site at www.mpcc-cppm.gc.ca.

As noted in the report itself, the Commission has, for the present, made redactions to its Final Report in deference to concerns expressed by the Canadian Forces about the release of certain information.  However, the Commission itself has not been persuaded as to the validity of these concerns and, as such, is not satisfied with the current redacted state of this report.  I would therefore, once again, encourage further communication from the Canadian Forces as to how this issue can be resolved in a timely manner.   

Sincerely,

Peter A. Tinsley
Chairperson

Encl.

Distribution List

The Honourable Peter MacKay, P.C., M.P.
Minister of National Defence
National Defence Headquarters
Major-General George R. Pearkes Building
101 Colonel By Drive
Ottawa, ON  K1A 0K2

Mr. Robert Fonberg
Deputy Minister of National Defence
National Defence Headquarters
13th Floor, North Tower
101 Colonel By Drive
Ottawa, ON  K1A 0K2

Gen Walter J. Natynczyk, CMM, MSC, CD
Chief of the Defence Staff
National Defence Headquarters
Major-General George R. Pearkes Building
101 Colonel By Drive
Ottawa, ON K1A 0K2

BGen K. Watkin, OMM, CD, QC
Judge Advocate General
National Defence Headquarters
Major-General George R. Pearkes Building
101 Colonel By Drive
Ottawa, ON  K1A 0K2

Captain (N) Steve Moore, CD
Canadian Forces Provost Marshal
National Defence Headquarters
Major-General George R. Pearkes Building
101 Colonel By Drive
Ottawa, ON  K1A 0K2

Dr. Amir Attaran
University of Ottawa
Institute of Population Health
1 Stewart Street
Ottawa, ON  K1N 6N5

Maj (Ret’d) J.A. Fraser
c/o Col (Ret’d) Allan Fenske
170 Dufferin Road
Ottawa, ON  K1M 2A6

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