Mr. Speaker, I am pleased to have another chance to clarify the record on this particular issue.
I would like to begin by reminding my hon. colleague that the Government of Canada is committed to ensuring that prisoners are treated and transferred in accordance with our obligations under international law. In fact, a board of inquiry was convened by the Canadian Forces to investigate the treatment and processing of persons detained by the CF in April 2006, as well as to conduct a detailed examination of the orders, directives and procedures governing prisoner treatment at the time.
The board concluded that Canadian Forces members, without exception, treated prisoners professionally and humanely, and that all actions taken by CF members in dealing with prisoners complied with direction in place at the time of capture and were consistently above reproach.
The board did identify a number of areas for improvement and over the course of the board's deliberations, the majority of these shortcomings were rectified through the Canadian Forces' regular review of operations. With respect to the MPCC, the Government of Canada remains committed to cooperating with the commission in the conduct of its investigations to the fullest extent possible, consistent with the mandate given the MPCC by the National Defence Act.
As the MPCC itself has confirmed, the Department of National Defence has provided the commission with access to hundreds of documents and produced dozens of witnesses with respect to the MPCC matters relating to prisoners. However, it is important to remember that there is a mandatory obligation for public officials and participants to take appropriate steps under section 38 of the Canada Evidence Act to protect information that is potentially sensitive or injurious within the meaning of section 38 of the act.
The inadvertent release of this type of information in the MPCC's proceedings is a serious matter and could endanger the lives of civilians and members of the Canadian Forces serving in Afghanistan. The Government of Canada, therefore, continues to take reasonable precautions to prevent this from happening. Since February 2008 the Government of Canada has sought dialogue with the MPCC to the most effective means of dealing with this issue, initially in relation to the investigation of the complaints and later in advance of the commencement of the hearings.
With respect to individual witnesses, none have been prohibited from testifying. The MPCC list of witnesses was compiled before the Federal Court ruled in favour of the government's application to limit the scope of its investigation to matters of policing. Witnesses can testify as long as the MPCC establishes that the testimony is relevant. Government officials are required by law to protect sensitive information relating to international relations, national defence or national security, whether in written or oral form.
There are some matters that witnesses will not be able to speak to if they do appear because they are subject to legal protection or because their disclosure may have an adverse effect on national security or other matters contemplated under the Canada Evidence Act. Department of Justice lawyers continue to be prepared to work with the MPCC to find a way to proceed with the upcoming public interest hearing while protecting sensitive information.
I can assure my hon. colleagues that the Government of Canada will continue to cooperate with the MPCC in the conduct of its investigations to the fullest extent possible, consistent with the mandate given to the MPCC by the National Defence Act and, as explained, by the Federal Court of Canada.
We will continue, as we have done from the beginning, to operate under the rule of law. Perhaps that may not satisfy my hon. colleague, which would surprise me, given that she is a lawyer. However, that is how we are operating and we will continue to do that.