Charter does not apply to Afghan detainees: ruling
Updated Wed. Mar. 12 2008 3:36 PM ET
CTV.ca News Staff
Canada's Federal Court has rejected Amnesty International's bid to have the Charter of Rights and Freedoms apply to Afghan detainees captured by Canadian soldiers.
Justice Anne McTavish ruled that Afghan detainees do have rights under the Afghan constitution and international law, but they do not have rights under the Canadian Charter.
"(The court has) accepted the government's arguments. We are obviously very pleased about that," said Prime Minister Stephen Harper in question period.
Amnesty International had hoped to stop Canada from transferring prisoners to Afghan authorities. The move followed reports that some detainees were being tortured by the Afghans.
"Everyone has the right to life, liberty and security of person under the Charter and international law. Individuals detained by Canadian Forces must not face the threat of torture after being transferred," Alex Neve, Secretary General of Amnesty International Canada, said in a press release last year.
While calling today's ruling a "big loss" for Amnesty International, CTV Ottawa Bureau Chief Robert Fife noted that the human rights group did win on another matter today. "The (Military Police Complaints Commission) is going to hold public hearings on the way Afghan detainees have been transferred by military police," reported Fife.
Public hearings
The move announced Wednesday comes more than a year after the commission first started to investigate the matter.
"The principal difficulty which has given rise to this decision has been the government's refusal to provide the commission with full access to relevant documents and information under the control of the Department of Foreign Affairs and International Trade (DFAIT) and the Correctional Service of Canada (CSC)," commission chair Peter A. Tinsley said in a news release.
"Ordering a public interest hearing is necessary to ensure a full investigation of the grave allegations raised in this complaint."
In question period, the prime minister said his government has been cooperative.
"There is no refusal to cooperate. In fact, the Justice Department has made very clear that it will provide all information that it can provide under the law," said Harper.
The commission began its investigation on Feb. 26, 2007 following a complaint by Amnesty International Canada and the B.C. Civil Liberties Association.
Those groups allege that military police allowed detainees to be transferred to Afghan authorities even though they knew of evidence the detainees could be tortured.
But in investigating that claim, "there's been roadblocks put up all along the way," Robert Fife, CTV's Ottawa bureau chief, told Canada AM on Wednesday.
Jason Gratl, a spokesperson for the B.C. Civil Liberties Association, said he believes the Tories will not be forthcoming with relevant information.
"The government is going to squirm and squirrel and use every means at its disposal, hoping to avoid disclosure," Gratl told The Canadian Press.
"We're expecting Mr. Tinsley to be up to the task of holding the government to account."
Tinsley said the probe could cost up to $2 million and add months to the investigation.
"However, we are simply left with no other choice. Given the relevance of the information under the control of DFAIT and CSC, the Commission must now seek to compel those documents which the government has failed to provide voluntarily," he said.
The hearings will have the power of subpoena -- and the commission promised it will be used. The hearings will begin in about one month.
"It will be aired in public, so we should be able to get to the bottom of whether ... we knew they were going to be tortured," Fife said.
Late last year, Canadian officials appear to have come across at least one case where an Afghan detainee was tortured. Canada stopped transferring prisoners to Afghan authorities after the revelations, but has recently resumed the practice.
The announcement of a complaints commission probe precedes Thursday's vote on whether to extend the current Afghan mission until July 2011.
The extension is contingent on NATO providing at least 1,000 more troops and some additional equipment to help Canadian troops.
Fife said Prime Minister Stephen Harper wants the resolution passed before he goes to a NATO meeting in Bucharest, Romania on April 2.
. Perhaps we could have a fundraising drive to buy Jack Layton a ticket over as well. ^-^
