Craig Scott on Questions Passed as Orders for Returns

With respect to the Afghan Detainee Document Review (ADDR) submitted on April 15, 2011, by the Panel of Arbiters (PoA) under the June 15, 2010, Memorandum of Understanding signed by three party leaders in Parliament: (a)have the documents referred to in paragraph 30 ever been provided, unredacted, to any Canadian government law-enforcement investigators for purposes of tracing the detainees named in the documents in order to determine whether any suffered mistreatment after transfer to Afghanistan’s National Directorate of Security (NDS), if not, why not; (b) has the government ever provided compensation to any person or family of any person transferred to Afghan authorities, or sought out a person or family with compensation as the purpose; (c) with regard to the public-domain research (regular reviews of credible media reporting, government reports and reports of international organizations) conducted by the PoA’s staff referenced in pararaph 36 of the ADDR, was this public domain research handed over to the government, if not, where is it located, and, whatever its location, will the government release any bibliographies generated by this research or any documents archived by the research that fall within the categories of “credible media reporting, government reports and reports of international organizations”; (d) with regard to the PoA’s review of documents redacted on the basis of national security confidentiality (“NSC” documents), national defence and international relations whereby the PoA reviewed between 1450 and 2300 pages of documents (paragraphs 52-54) while releasing 113 NSC documents (paragraph 56), will the government release those documents that were not yet ready for release with the ADDR because the Department of Justice had not yet had time to complete the technical process of preparing the documents for release after the PoA had finished its reviews and determinations (paragraphs 54 and 55), and how many PoA-reviewed documents remain unreleased because the technical process of preparing the documents remains incomplete; (e) with regard to the 15 documents for which the government had initially claimed solicitor-client privilege (paragraph 63 and page 1 of the ADDR annex called “Documents subject to Solicitor-Client Privilege Claims”) but later withdrew the claim, in each case, (i) what were the bases on which privilege was initially claimed, (ii) why did the government change its view; (f) with regard to the 117 documents for which the PoA upheld the government’s solicitor-client privilege claim (paragraphs 64 and 65; pages 2-7 of the ADDR annex called “Documents subject to Solicitor-Client Privilege Claims”), will the government waive the solicitor-client privilege to the limited extent of revealing the subject matter of each of the 117 documents; (g) in the ADDR annex called “Documents subject to Solicitor-Client Privilege Claims”, why are the large majority of documents described with the acronym PoA (presumably, Panel of Arbiters) while some are specifically indicated as being DFAIT (Department of Foreign Affairs and International Trade) documents?