Mr. Speaker, my hon. colleague and I will continue to disagree. She will not believe me, but maybe she will believe the hon. Mr. Justice Harrington. This was part of his decision. He said:
Although the Attorney General's position may be somewhat overstated, and although the detention of insurgents in Afghanistan and their subsequent release to the Afghan authorities may possibly be described as policing duties or functions which were performed by members of the Military Police in Afghanistan as pertaining to the arrest or custody of persons, those duties or functions, policing or not, relate to military operations that resulted from established military custom or practice and, therefore, are beyond the jurisdiction of the Commission.
He further stated:
However, as the National Defence Act makes clear, the Commission is limited to considering the conduct of members of the Military Police in the performance of their policing duties or functions. It has no jurisdiction to inquire into the conduct of the military at large, much less the conduct of persons who are not members of the military.
We are conducting this in accordance with the rule of law and in the best interests of Canadians.