House of Commons Hansard #121 of the 40th Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was documents.

Topics

Transfer of Afghan DetaineesBusiness of SupplyGovernment Orders

4:30 p.m.

NDP

Chris Charlton NDP Hamilton Mountain, ON

Mr. Speaker, that is a superb question. It really goes to the heart of why the Afghan committee has had such a difficult time with getting answers. I will give examples of three documents that we have been asking for.

We want to see the memos and responses from Richard Colvin. This is the man who is constantly under attack by government members. Let us see what those memos are. We also want to see records of site visits to Afghan prisons. We want to see the records requested by the Military Police Complaints Commission. In order for members to do the work that they have been sent here to do on behalf of their constituents, we need access to those documents.

Transfer of Afghan DetaineesBusiness of SupplyGovernment Orders

4:30 p.m.

Conservative

The Deputy Speaker Conservative Andrew Scheer

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Mississauga South, Natural Resources; the hon. member for Windsor West, Nortel; the hon. member for Winnipeg South Centre, Aboriginal Affairs.

Transfer of Afghan DetaineesBusiness of SupplyGovernment Orders

4:30 p.m.

Edmonton Centre Alberta

Conservative

Laurie Hawn ConservativeParliamentary Secretary to the Minister of National Defence

Mr. Speaker, I will be sharing my time with the member for Calgary East.

The motion tabled by the member for Ottawa Centre is one that we simply cannot support. This government clearly takes the issue of detainee transfers as well as respect for the rule of law very seriously. Our proper conduct has been instrumental in establishing the strong reputation that Canada enjoys today. Indeed, that reputation has been strengthened by the quality of the work we have been doing in Afghanistan. Providing a good example to our allies and to Afghans is a fundamental part of our mission there, particularly when it comes to promotion and protection of human rights.

The motion before us today gives us an opportunity to step back and take stock of Canada's involvement in Afghanistan and the good work done there by Canadian Forces.

In 2001, as part of Operation Enduring Freedom, Canada sent a small number of special operation forces to assist in the ousting of the Taliban regime and to disrupt terrorist activities. This initial contribution was supplemented by a more substantial force of conventional forces in early 2002. They participated with distinction in combat alongside Americans and other allies during Operation Anaconda, a significant allied victory against the Taliban.

Once the Taliban had been overthrown, our troops returned to Afghanistan and helped foster safety and stability in and around Kabul.

Our military presence in the capital, known as Op Athena, laid the groundwork for reconstruction and for the establishment of the democratic process.

In the winter of 2005-06, our forces shifted to Kandahar province in southern Afghanistan. Within a very short time of their arrival, they encountered fierce resistance and a deadly insurgency. Throughout, they have fought and worked extremely hard under very difficult conditions to help the people of Afghanistan.

We are there today to help usher in the return of peace and stability, after more than 30 years of strife, to protect civilians, to tend for a fledgling democracy, to help entrench the rule of law and to assist in the enshrining of human rights for men and women, boys and girls.

Admittedly there have been setbacks. There has been frustration. Progress has sometimes been slower than we would like, but there has been progress.

We sometimes forget that all but a few of Afghanistan's 34 provinces enjoy relative peace and security. Areas under the watchful care of our NATO allies are seeing prosperity. After years, in fact decades of strife and fear, Afghans are beginning to go about their business.

Canada is in Kandahar so that southern Afghanistan will be able to enjoy the same security as other parts of the country. We are there to reinforce the legitimacy of the government of Afghanistan. We are there to help the Afghan military and institutions take root and grow so they can take care of themselves. It is a great responsibility and very tough job.

However, we are there in the south, in the crux, in the place where the battle will be won or lost because Canadian troops are among the best trained, best equipped and most able in the world. They understand why we are there. They understand what is at stake for them, for Canada and, most important, for Afghans and for Afghanistan.

I have been privileged to shake their hands as they board the plane on their way there and I have shaken their hands when they returned home. I have been able to visit them in theatre a number of times. I have spoken with them and seen both their devotion and the results of their work.

Nearly two years ago, I spoke to the House about a young girl I met while in Afghanistan. She was able to drink clean water and go to school. She had access to health care and had prospects of a brighter future, all this because Canada's presence in her country made it so. I cannot forget her and others like her.

Nor do our men and women in uniform forget. They care deeply about Afghans and Afghanistan. They are able to see the progress. They see it every day, the hope in individual's lives. That progress, that hope is possible because of the dedication and professionalism of the Canadian Forces.

I want to speak to that professionalism. Canada has a first rate military. That is no secret. The Chief of the Defence Staff, General Walt Natynczyk, has worked closely with officers from many countries, including the United States and Great Britain and still he is found of saying, “The CF doesn't take a back seat to anybody”. He knows of what he speaks and so do our NATO allies that recognize the quality of our armed forces.

Our officers are university educated. Our forces are thoroughly trained. Part of that training, especially pre-deployment training, covers international humanitarian law as well as the proper handling and treatment of detainees. The CF has done its job well in this regard too.

The Judge Advocate General, Brigadier-General Watkin, testified recently before the Special Committee on Afghanistan and spoke of the rigorous legal foundation upon which detainee transfers to Afghan authorities was based. Allow me to quote him. He said:

—members of the Canadian Forces have demonstrated tremendous professionalism in their handling and treatment of detainees. Respect for the rule of law is an essential aspect of Canadian Forces operations. Fostering respect for the rule of law is a key reason why we are in Afghanistan.

The Canadian Forces are being held to a high standard of conduct with regard to those they detain. They are meeting that standard.

In May of 2006, a Canadian Forces board of inquiry found our military's conduct with regard to detainees to be above reproach. Nevertheless, allegations have arisen which claim our soldiers acted irresponsibly in transferring those they detained.

In the last month, several high-ranking officials have testified before committees, asserting that detainee transfers were paused when their continuation threatened to breach international humanitarian law.

Claims have recently emerged alleging inappropriate Canadian action or inaction with regard to detainee transfers. The Government of Canada believes these allegations to be groundless, however, because of our belief in due process, these allegations are indeed being investigated.

The government is co-operating with the Military Police Complaints Commission. We have made available hundreds of documents to help the MPCC in its work, and have only taken issue with the MPCC when it has attempted to operate outside its jurisdiction. The Federal Court recently ruled that the MPCC was indeed going beyond its mandate in respect to some aspects of its public hearing.

The government is also co-operating with the special committee on the Canadian mission in Afghanistan.

Calls for a public inquiry are unreasonable. Not one but two separate investigations are currently ongoing in the form of the MPCC, once it reconvenes at the chair's discretion, and a special committee on our mission in Afghanistan. A public inquiry would lead to a triplication of effort and a tremendous waste of taxpayer dollars. Calls for such an inquiry also show a lack of trust in the work done to date by our forces, other government departments and international organizations, which are currently looking at the allegations surrounding detainee transfers.

For these reasons, we cannot support the motion.

I want to go on to talk a bit more about the mission.

For about four years, from 2001-02 until 2006, it was under the leadership of the Liberal Party. For the last four years, it has been under the leadership of the Conservative government. Both governments, I know we have and I know the Liberals did, operated in good faith as well.

The fact is we transitioned into government in early 2006 as we transitioned the mission to the south in early 2006, from Kabul to Kandahar. It was a very different kettle of fish. We got into the middle of Operation Medusa in the fall of 2006. It was a very heavy-duty operation. We lost 12 Canadian soldiers in that operation. Our priorities at that time were clearly to protect Canadian soldiers, while they were getting the job done, to protect Afghan civilians, and to ensure proper treatment of Afghan prisoners.

The arrangement we had in place at the time was being followed in good faith. In fact, the member for Vancouver South, on April 10, 2006, in a take note debate, said that he had the opportunity to look at the agreement. He agreed that it was an important agreement and one that was quite good in many respects.

The involvement of the International Committee of the Red Cross as an independent third party is very important. It can then follow the prisoners and ensure they are treated well, et cetera. In that event, we found out later that even though we were operating in good faith under that agreement, which it entered into and I am sure in good faith, that this was not the case.

Mr. Colvin now enters the picture with some memos in 2006, which I have not seen. People have been waving them around, getting them from wherever, I do not know, but, as has been testified by others, those memos were about process, not about allegations of torture or abuse.

There was a flurry of documents from Mr. Colvin in 2007, about the same time as the Globe and Mail article came out by Graeme Smith, so he was not saying anything new at that point. In fact, we were already acting, because it was not only Mr. Colvin, who was alone for a long time, but we were also getting corroborating concerns from other sources, principally the military and others.

His allegations that all detainees were tortured has been clearly refuted. It is simply not true. That they were capturing innocents is simply not true. General Hillier, whom the Liberal opposition has characterized as morally weak and legally flimsy, along with General Gauthier, who was also accused of being a war criminal, have made it very clear that Canadians have been abiding by our responsibilities to the letter. We have been following procedures. We brought in a new arrangement that made it a lot more effective. That arrangement continues today.

We have made tremendous progress in developing the Afghan prison system and the judicial system, in training them, equipping them and in bettering their infrastructure. Simply put, we are not at the point where it is “he said, she said” any more. We are at the point where it is “he said and everybody else says”.

I do not question Mr. Colvin's sincerity. I do not question his honesty. We do question his evidence because it is clearly refuted by many others. A public inquiry would be a complete waste of time and money. There are investigations going on now.

Maybe, just maybe, there is no blame to be laid on anybody for anything. Maybe, just maybe, everybody, Liberals, Conservatives after them and certainly the military were doing the very best they could under very difficult circumstances, and doing a hell of a job.

It is easy to look back four years and twelve thousand kilometres away and pick nits, and that is what we are doing.

Transfer of Afghan DetaineesBusiness of SupplyGovernment Orders

4:40 p.m.

Liberal

Shawn Murphy Liberal Charlottetown, PE

Mr. Speaker, I thank the member across for his comments, but there is one aspect of this whole issue that disturbs me greatly. It is the refusal of the government to provide the committee with the requested documents. In my view that is a cornerstone of parliamentary democracy and that is the right of Parliament, which delegates the committees to send for persons, papers and records.

We have the spectacle in Ottawa now that the present and retired generals, present and retired civil servants, the media, it seems everyone has these documents except members of Parliament and this is a fundamental right that is being violated as we speak. There seems to be a trend with the Minister of Public Safety, Minister of Public Works, the Department of Public Works and it goes on in every committee. I find it disturbing and we are all lessened because of that.

Is the member across not as disturbed as I am with this inability, or the refusal of the government to provide documents to which the committee is legally entitled? Do not say that the Evidence Act, the Privacy Act or some statute has precedence over Parliament because that is not the case. Is he not as disturbed as I am and why—

Transfer of Afghan DetaineesBusiness of SupplyGovernment Orders

4:40 p.m.

Conservative

The Deputy Speaker Conservative Andrew Scheer

Order, please. I will have to stop the member there to give the parliamentary secretary a chance to respond.

Transfer of Afghan DetaineesBusiness of SupplyGovernment Orders

4:40 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, the committee asked for the documents around 5 p.m. on Wednesday. It asked for them to be provided by December 2. At 8 p.m. that evening, the documents were requested, almost immediately. December 2 is not here yet; it is tomorrow. I know I can assure the hon. member that the documents will be available tomorrow.

Yes, they are going to be redacted. We have asked for as little redaction as possible, but the simple fact is Canada relies on information from a wide variety of organizations around the world. They have very confidential sources and they have confidential methods of operating from time to time to protect their sources, to protect their ability to provide us with the information that we need to get the job done. We need to protect Canadians doing the job and we need to protect the people who Canadians are trying to help.

We are providing the documentation as the committee has requested.

Transfer of Afghan DetaineesBusiness of SupplyGovernment Orders

4:40 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I listened with acute interest to the comments of my colleague across the way, the parliamentary secretary. One thing that has been an issue is who does what and who has responsibilities. Earlier I read into the record testimony from the three generals who established it was not their job to monitor; it was the job of Mr. Colvin. When Mr. Colvin comes forward, the Conservatives say that he cannot be trusted. I want to ask the member a question as to why they have done this.

First, Mr. Colvin is told that he cannot really have access to legal counsel. The Conservatives are making it very difficult for him. Second, DFAIT and Department of Justice officials blocked access to the documents which he wrote just days before he was to testify. Third, the day of his testimony he received an email from the government that told him to look out, that when he testified in front of the committee, he had better watch what he said. That is in total contravention from what Mr. Walsh told the committee.

Why is the person who is responsible for doing the job of monitoring and investigating and using the only source he has had available to him, and the generals clearly said that it was not their job, Hillier, Gauthier and Fraser, why are they taking—

Transfer of Afghan DetaineesBusiness of SupplyGovernment Orders

4:45 p.m.

Conservative

The Deputy Speaker Conservative Andrew Scheer

Order, please. I will have to stop the member there to give the parliamentary secretary a chance to respond.

Transfer of Afghan DetaineesBusiness of SupplyGovernment Orders

4:45 p.m.

Conservative

Laurie Hawn Conservative Edmonton Centre, AB

Mr. Speaker, what the member is quoting from the generals is the situation in 2006 when we were operating under an agreement with the government of Afghanistan that relied on the International Committee of the Red Cross and the Afghan Independent Human Rights Commission to do the monitoring for us. What the generals said was absolutely correct. We were abiding by the arrangement that was in place at the time, that we were following in good faith, that the Liberals had entered into in good faith. It is as simple as that.

With respect to Mr. Colvin coming to the committee, all he was being reminded of was the fact that he would need to stick within the law, that he could not break the law in testifying before a committee in public. It was as simple as that.

With respect to the documents, I will remind him again that the members are getting the documents precisely as they have requested. On December 2, they will be there. They should stand by for the actual date.

Transfer of Afghan DetaineesBusiness of SupplyGovernment Orders

4:45 p.m.

Calgary East Alberta

Conservative

Deepak Obhrai ConservativeParliamentary Secretary to the Minister of Foreign Affairs

Mr. Speaker, I am happy to hear the Liberals clapping. I hope I will give them enough information that he will change his mind about supporting this motion.

Today before the House I address a motion proposed by the member for Ottawa Centre that the Government of Canada call a public inquiry into the transfer of Taliban prisoners in Canadian custody to Afghan authorities from 2001 to 2009. This motion is about partisan politics and is a waste of taxpayer dollars. This is a motion that I cannot support.

Canada has always been and remains committed to ensuring that Taliban prisoners are handled and transferred in accordance with our obligations under international law. There has never been a proven allegation of abuse involving Taliban prisoners transferred by Canadian Forces.

Calls for such an inquiry show complete distrust in the work done to date by our forces, our diplomats and the international organizations that are currently looking into the allegations surrounding detainee transfers.

Losing sight of Canada's engagement in Afghanistan is easy and focusing on the negative seems all too common. At this point, I would like to remind all of my colleagues who are listening that both the Bloc and the NDP did not support this mission in Afghanistan. Let us get that very clear. No wonder they are playing partisan politics.

In the last four years, our government has focused on the promotion of the rule of law. We take this commitment seriously. Casting aspersions of unproven allegations surrounding torture on our brave men and women only undermines the work that they are doing.

A key focus of Canada's mission in Afghanistan and of the combined international effort is to augment Afghans' trust in their own national authority. Canada is committed to helping Afghanistan get the necessary training to assume even greater responsibilities for its own security.

Our conduct in this matter has been instrumental in establishing the strong reputation that our brave Canadian men and women have today. When our military and diplomats have been presented with credible, substantiated evidence, they have taken appropriate action and yet the opposition refuses to believe that. It keeps refusing to believe our generals and the diplomats who have stated quite clearly that when they had credible evidence they took action.

Ongoing and persistent insurgencies against the national government there presents very real risks to Canadians, as well as to Afghan personnel and civilians, and the implementation of capacity building projects. This situation is particularly acute in Kandahar province. These risks weigh significantly on Canada's programming but have been overcome with planning through risk management and determination.

Taliban prisoners are detained by Canadian Forces and then they are turned over to Afghan authorities because they have attacked or killed Canadian soldiers or there is credible information to suggest they intend to do that.

At this time I want to make one point very clear. The Liberal opposition critic stood today and said that an Afghan detainee was not necessarily a Taliban, that he could be anybody else. Members of the NDP keeps saying that these detainees are not Taliban. They do not like it when we use the word Taliban but our Canadian soldiers are fighting the Taliban. They are not fighting anybody else. When they take people prisoners, they are people who want to kill Canadian soldiers. Let that be very clear. When we are talking about the Taliban, the NDP should not stand up in the House and say that they are not Taliban. They are Taliban because that is who we are fighting.

Afghanistan is one of the most dangerous and poorest countries in the world. Our whole government mission there is to support both the Government of Afghanistan and the people of Afghanistan so that they will have a safe environment. We need to be clear about the importance of having a safe environment.

Everyone knows the record of the Taliban government, which is why the international community, under a UN mandated mission, went to help Afghanistan get rid of all the people who were attacking everyone else. It is very important to understand who we are fighting and who these so-called detainees are. These are people who have been attacking us and will continue to attack us.

However, it is very important to understand, as the Parliamentary Secretary to the Minister of National Defence has stated, that once we know there is credible evidence, we will then take action. We have been working and our soldiers have been working according to international rules. Why can the opposition not understand that?

I will give one example of how the opposition tries to turn this whole thing into partisan politics. This morning, when the defence critic for the Bloc was standing up, a member of his party stood and said that his party had supported this mission in Afghanistan. Two motions came out supporting this mission and I can show from the record that the Bloc did not support the mission in Afghanistan. I found it amazing that a member of the Bloc would stand and say that his party supported the mission in Afghanistan.

When members of the NDP were making a statement, they talked about Amnesty International that went before the court and the B.C. Civil Liberties Association. What they refused to tell anybody else was that the Federal Court and the Supreme Court declined to listen to their case. Also, these detainee transfers have been subject to a Canadian Forces review, an RCMP review and a board of inquiry has been conducted. The Military Police Complaints Commission has also done its job on this subject.

We have provided quarterly reports and, most important, are under way now based on what has been said. Even the Special Committee on Afghanistan is listening to this subject. The committee has had people before it who are involved in Afghanistan, such as the generals and the diplomats, and more are coming. They will let us know.

What I do not understand is why they need a public inquiry. For what and to do what? It is wasteful. They keep talking about not getting documents but, as the Parliamentary Secretary to the Minister of National Defence has said, documents will be provided. Of course they need to be redacted because of the need for security, but we need to be reasonable. They should get the information before they start going there.

The call for this public inquiry is nothing more than partisan politics by the opposition members. I would like to tell them that this is a very serious matter and they need to be very careful. They should not destroy the reputation of our Canadian soldiers internationally.

The Bloc member said that when the Prime Minister goes to China he should talk about human rights. What are we talking about? What human rights? Who has abused the human rights of the detainees? The people on the ground have stated that, as far as they are concerned, if credible evidence is provided, and they have given examples of when it was provided, they would stop the transfers.

Let us look at the good work Canadians, our officers and our diplomats have been doing in that country and let us stick to the great things this country is doing to help Afghanistan become a stable country.

Transfer of Afghan DetaineesBusiness of SupplyGovernment Orders

4:55 p.m.

Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, I do have a concern when he says that the documents will be handed over when they are vetted for reasons of national security. Is he not aware that section 38 of the Evidence Act makes it very clear that the Attorney General and/or the defence minister will go through documents if submitted by a person like Mr. Colvin for redaction, which, apparently, is what happened?

Is he also not equally clear that the Canada Evidence Act does not apply to hearings of committees of Parliament, that Parliament is supreme to the laws that it enacts, unless it mentions itself in those acts, which is the case here? The Canada Evidence Act, which good lawyers, like the member for Fundy Royal, use every day, is a law that is under the supremacy of Parliament.

Is he not aware that all productions to a parliamentary committee should not have any redaction whatsoever and, therefore, they are ready to be provided immediately?

I am not sure if he can tell the House, as he has a semi-cabinet responsibility, why there is such a delay in getting the documents.

Transfer of Afghan DetaineesBusiness of SupplyGovernment Orders

4:55 p.m.

Conservative

Deepak Obhrai Conservative Calgary East, AB

Mr. Speaker, first, we need to understand the rules of Parliament. When a document is requested, it must be in two official languages. At this current time, those documents are being translated in two official languages, which is why it is taking longer. I am sure he would not want us to present documents that are not in two official languages.

Second, the motion calls for all documents to be provided. Since the Liberal Party was in government, it should know exactly what information can go out and what cannot go out because if it is important to national security it cannot go out.

What I am hearing from the member is, to hell with national security, to hell with everybody else, just give it to us. It is our right. No, it does not work that way. We need to have the integrity of the system respected by Parliament.

I also want to say that the Evidence Act is supported by Canada. It is the law in this country. I find it very strange when somebody says that we should break the law of this country.

Transfer of Afghan DetaineesBusiness of SupplyGovernment Orders

4:55 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I am trying to sort out the parliamentary secretary's intervention. He made a lot of points but some got tangled up into themselves.

I want to try to open up the question. He is the Parliamentary Secretary to the Minister of Foreign Affairs. Along with what we should do, which is support our troops, it would nice if just once we could hear him say what a great job our diplomats are doing. When they are overseas investigating things, it would be nice if just once he could get up and talk about our diplomats. I think that is something that is lacking.

I want to ask him a question in terms of process. Why is it that when we are asking for an independent inquiry, he seems to think that that will somehow put the government in a corner? It actually will put the truth in front of Canadians. We are asking for the politics to be taken out of it.

Why is it that the government will not agree to an inquiry when that is exactly what every newspaper in this country and a majority of Canadians have asked for? Where is he on this issue? Why will he not ask his government to support our motion?

Transfer of Afghan DetaineesBusiness of SupplyGovernment Orders

5 p.m.

Conservative

Deepak Obhrai Conservative Calgary East, AB

Mr. Speaker, I thought I said it very clearly in my statement when I said that we very much support the diplomats and the people on the ground over there.

As the Parliamentary Secretary to the Minister of Foreign Affairs, I am very proud of our diplomats and all the work they have done. The point is that they should be the ones who should be listening to them and understanding them when they come in front of the committee.

He asked me why we cannot support the inquiry. An inquiry would be a total waste of time because there is no credible evidence behind it. It would just be a political fishing expedition by opposition members. They never supported the Afghanistan mission and neither did the Bloc, so it is understandable that the opposition is on a fishing expedition.

This government takes the work of its diplomats and its soldiers very seriously. We stand behind them. We know they comply with international rules.

Transfer of Afghan DetaineesBusiness of SupplyGovernment Orders

5 p.m.

NDP

Jack Layton NDP Toronto—Danforth, ON

Mr. Speaker, I am thankful for this opportunity and I want to thank the members of Parliament who brought this issue before the House.

Few beliefs have wrought more international agreements between nations on earth and peoples than the simple truth that torture is never justified, that it is always and everywhere wrong. If we are to retain our essential character as a country and represent the values of Canadians, a country that stands for peace and justice, then we simply cannot and must not be complicit as Canadians in torture in any way, shape or form. At root, that is really what this debate is all about and it is why members of the New Democratic Party have brought it before the House for a vote today.

As I was preparing my remarks, I wanted to see what some of the New Democrats who have preceded us in the chamber have said when they raised alarm bells about this. I discovered that on November 4, 2005, a former member of this place, now a minister of the environment in Manitoba, Bill Blaikie, who was then the member for Elmwood—Transcona, first raised the detainee issue in the House.

On November 15, speaking again on the Afghan detainees, he stated:

We have a growing sense of unease about whether in our eagerness, which may well be justified, to combat terrorism we are sacrificing a Canadian tradition with respect to international law that we will rue being exposed to erosion in this way.

It is interesting that was raised four years ago by the member in a very wise and thoughtful way.

The then Liberal defence minister promised at that time there would be an agreement regarding the transfer of prisoners along the lines of the Danish model. The Danes had already established a model for the transfer of prisoners, which included rigorous monitoring of prisoners and access provisions, et cetera. It was considered to be a model.

We then found ourselves in an election in Canada and in the middle of the election, in December 2005, a fatally flawed agreement was signed with no Canadian inspection rights at all, breaking the promise that had been made by the then Liberal minister of defence to members of Parliament.

On April 5, 2006, the member at the time for New Westminster—Coquitlam, who is now a member of the legislature in British Columbia and who was then our defence critic in the House, rose and had this to say:

Once Canadians hand a prisoner over to the Afghan government we wash our hands of the entire matter. This is simply not good enough.

Will the minister ensure that Canadian government officials have the same rights as Dutch officials when it comes to tracking, interviewing and ensuring that no human rights violations or torture will take place?

Here is what the then minister of defence replied. He stated:

There is nothing in the agreement that prevents Canada from determining the fate of prisoners so there is no need to make any change in the agreement.

Of course, we then began to learn more as time passed. The House was told that the ICRC would ultimately inform Canada of any abuse, but this claim was then debunked and the minister was forced to apologize for what he had told the House, because it was in error.

Then, after journalist Graeme Smith exposed abuse in Afghan prisons, a new agreement was ultimately signed in May of 2007 containing many of the elements that New Democrats had recommended should be part of such an agreement. That was over a year and a half after the NDP had raised the issue initially.

According to the alarming allegations by diplomat Richard Colvin, the government had been informed of the abuse of detainees well before 2007. Our foreign affairs and defence critics handled this file.

Today the member for Ottawa Centre, who is the foreign affairs critic for my party, has presented in detail the important issues.

The member for St. John's East and defence critic for my party spoke about the legal ramifications.

I invite the House to listen to their appeal and to vote for the motion this evening.

It is clear that many detainees were tortured and that senior officials knew and knowingly ordered soldiers to keep handing over detainees despite the threat and possibility of torture that they clearly knew existed.

It is not the conduct of our soldiers on the ground that is at question. Let me be very clear about that. Efforts by the government to change the channel and to suggest such things are simply profoundly wrong. It is the conduct of senior officials at the highest levels that is the concern.

A public inquiry is necessary because the government refuses to release the evidence that it possesses to Parliament. Were the government to be introducing the evidence that has been requested, an inquiry might well not be necessary at all. However, that is not what we are facing. We are facing a government that is stonewalling the truth.

Amnesty International, the B.C. Civil Liberties Association, Amnistie internationale Canada francophone, and Human Rights Watch have all called for a full public inquiry.

This is not a partisan battle. There are concerns about the fact that the government may have been complicit in torture and violated international law in addition to conducting a major cover-up which threatens our diplomats and our soldiers on the ground.

When we send our children into combat we want to be sure that the orders they are given are beyond reproach.

For that reason, the moral imperative to bring the truth to light is unquestionable. The men and women of the Canadian Forces deserve nothing less.

I would urge the House, as we move toward the vote on this matter this afternoon, to consider what would best serve our troops on the ground, what would best serve our concern about human rights, what would best serve our values committed against torture in all circumstances, and our concern about our reputation on the world stage as a defender of human rights. I would urge that we put all of those concerns to the forefront and accept and vote for the creation of this inquiry so that the truth will be told and, perhaps most important from such an inquiry, that recommendations could be put in place so that we will know what to do in the future to avoid finding ourselves in the predicament we are today.

Transfer of Afghan DetaineesBusiness of SupplyGovernment Orders

5:10 p.m.

Conservative

Cheryl Gallant Conservative Renfrew—Nipissing—Pembroke, ON

Mr. Speaker, on the weekend I had an opportunity to speak to a soldier from Canadian Forces Base Petawawa who had served several rotations in Afghanistan. He urged me not to go forth with an inquiry on this issue. He said that every time the Afghan deployment is debated in Parliament, it puts the lives of our soldiers in theatre at greater risk. He recounted that when the motion to withdraw from Afghanistan or to end the combat mission in 2011 was before Parliament, they were in a operation where they heard the insurgents on the radio saying to each other that they should kill as many Canadian soldiers as possible because we were debating this in the House of Commons and that when Canadians saw the caskets of soldiers coming off the plane it increased public pressure. They wanted the MPs to vote to get out of Afghanistan as quickly as possible.

I asked him if they listened to Al Jazeera while they were fighting at the front, so to speak, and he said, “No, ma'am. We heard this chatter on our coms”. So they had heard Taliban talking to one another, urging each other to kill as many Canadian soldiers as possible. He credits the leader of the NDP directly for the death of his best friend as a consequence of that.

Transfer of Afghan DetaineesBusiness of SupplyGovernment Orders

5:10 p.m.

NDP

Jack Layton NDP Toronto—Danforth, ON

Mr. Speaker, the hon. member suggests that every time the Afghan deployment is debated it puts soldiers at risk. However, I recall a conversation with the current Prime Minister who took the position, as I did and the whole House of Commons ultimately did, that before there could be any decision about troop deployments or any significant change to troop deployments, it was essential that it be debated and voted on by the elected representatives of the Canadian people.

One thing I know about our troops from having talked to a great many of them is that they not only understand the value of democracy and appreciate that we live in a democratic country where a debate and a vote can be held about what our brave troops are asked to do, but in many ways they also stand behind that democratic principle more than we are ever called upon to do, because they are willing to do it with their lives and that is why Canadians support them.

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5:10 p.m.

Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, I would like to ask the leader of the NDP for his view on whether the privilege, paramountcy and supremacy of Parliament is important in this debate. It seems to me that we might know a lot more if we had all of the documents before the committee responsible for this question. There seems to be some inordinate delay and some admission that the full documents will never be produced in full to the committee itself.

Is it an abrogation by the government of the supremacy of Parliament not to forward those documents in total to the committee responsible so that Parliament can, at least before a royal commission is ordered, get to the bottom of what has been alleged, what the defences are, and what the truth is?

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NDP

Jack Layton NDP Toronto—Danforth, ON

Mr. Speaker, the member raises the issue of the supremacy of Parliament and, in particular, the supremacy of Parliament in obtaining information to allow it to make judgments about important matters such as the question of the transfer of detainees.

I think the issue of the supremacy of Parliament is going to turn out to be quite important in the hours and days that follow this debate. If I am estimating correctly, I believe that our call for an inquiry is likely to be adopted by the majority of elected members of the House of Commons. The question will then be: What are the Prime Minister and the government going to do when faced with a call for a public inquiry from a majority of elected members representing a majority of the Canadian people?

I recall that motions calling for public inquiries have passed before in the House, including at a time when the current Prime Minister and some of his colleagues were sitting on the opposition benches. I remember quite specifically that they called on the prime minister of the day to initiate an inquiry because Parliament had demanded it and Parliament should be supreme.

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5:15 p.m.

Conservative

The Deputy Speaker Conservative Andrew Scheer

It being 5:15 p.m., it is my duty to interrupt the proceedings and put forthwith all questions necessary to dispose of the supply proceedings.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

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Some hon. members

Agreed.

No.

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Conservative

The Deputy Speaker Conservative Andrew Scheer

All those in favour of the motion will please say yea.

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Some hon. members

Yea.

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Conservative

The Deputy Speaker Conservative Andrew Scheer

All those opposed will please say nay.

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Some hon. members

Nay.