Evidence of meeting #14 for Special Committee on the Canadian Mission in Afghanistan in the 40th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was information.
A recording is available from Parliament.
4:20 p.m.
BGen Kenneth W. Watkin
The scope of solicitor-client privilege includes communications with clients. The government is my client.
4:20 p.m.
Liberal
Ujjal Dosanjh Liberal Vancouver South, BC
I know your answer, then.
Let me ask you a third question. Did you ever see the Graham Smith article of April 2007 about the torture and abuse of detainees?
4:20 p.m.
BGen Kenneth W. Watkin
If you're asking if I read the papers, the answer is yes, I do.
4:20 p.m.
BGen Kenneth W. Watkin
In terms of what I may have reviewed in my capacity as a lawyer, it would be covered by--
4:20 p.m.
Liberal
Ujjal Dosanjh Liberal Vancouver South, BC
I'm asking you, did you read this article, sir, of April 23, 2007, by Graham Smith of the Globe and Mail?
4:20 p.m.
BGen Kenneth W. Watkin
You would have to show it to me, sir, for me to know for sure what that article is and what it says.
4:25 p.m.
Liberal
Ujjal Dosanjh Liberal Vancouver South, BC
I will show it to you at the end and you can then give me a written response.
My question is to Mr. Breithaupt.
Mr. Breithaupt, have you ever received instructions from PCO or PMO in this matter of detainee abuse?
4:25 p.m.
Director and General Counsel, Criminal Law Policy Section, Department of Justice
I'm here to deal with the overview of sections 37 and 38 of the Canada--
4:25 p.m.
Liberal
Ujjal Dosanjh Liberal Vancouver South, BC
That's not the question, sir. Have you ever received instructions from PCO or PMO in this regard?
November 4th, 2009 / 4:25 p.m.
Director and General Counsel, Criminal Law Policy Section, Department of Justice
Not to my knowledge; not as far as I can recall.
4:25 p.m.
Liberal
Ujjal Dosanjh Liberal Vancouver South, BC
Do you know who has been instructing Alain Préfontaine, the lawyer before the Military Police Complaints Commission on behalf of the justice department?
4:25 p.m.
Director and General Counsel, Criminal Law Policy Section, Department of Justice
No, I'm not involved in those activities.
4:25 p.m.
Director and General Counsel, Criminal Law Policy Section, Department of Justice
No. I'm involved in the policy sector of the Department of Justice and I am involved in that sort of activity. I'm here to basically explain the policy behind sections 37 and 38 of the Canada Evidence Act.
4:25 p.m.
Liberal
Ujjal Dosanjh Liberal Vancouver South, BC
Have you ever seen the annual reports of DFAIT, 2004-08 inclusive, on Afghanistan, or read them?
4:25 p.m.
Director and General Counsel, Criminal Law Policy Section, Department of Justice
I can't recall that I have.
4:25 p.m.
Liberal
Ujjal Dosanjh Liberal Vancouver South, BC
Let me ask you another question. You're aware of Préfontaine's letter that went to potential witnesses that in fact indicated that if they testified before the Military Police Complaints Commission they may be jeopardizing their own reputations or other people's reputations. Do you believe, as a lawyer in the justice department, that it's ethical on behalf of any lawyer to actually interfere and tamper with witnesses who are to appear before a quasi-judicial hearing?
4:25 p.m.
Director and General Counsel, Criminal Law Policy Section, Department of Justice
As I said, I'm not involved in such matters, so I'm not aware of any particular letter. I can tell you that section 38 of the Canada Evidence Act creates the duty on all participants to give notice when certain conditions are met, as I've indicated in my opening remarks. So if they believe that sensitive or potentially injurious information would be revealed during the course of a proceeding, then they would bring that notice to the Attorney General of Canada and that would have to be addressed.
4:25 p.m.
Liberal
Ujjal Dosanjh Liberal Vancouver South, BC
That's fine, sir.
Have either of you, Mr. Watkin or you, seen any of the famous or infamous Colvin reports, and when did you see them, if at all?
4:25 p.m.
BGen Kenneth W. Watkin
Mr. Dosanjh, again, it's Brigadier-General Watkin, and the--
4:25 p.m.
Liberal
4:25 p.m.
BGen Kenneth W. Watkin
I'm certain, sir.
With respect to information I may or may not have seen, again, it would have been in my capacity as a legal adviser to the crown, and therefore I have to maintain both my professional ethical obligations and my legal obligations to protect that privilege, to claim that privilege.
4:25 p.m.
Director and General Counsel, Criminal Law Policy Section, Department of Justice
I'm sorry, the question was addressed to Brigadier-General--