Wayne Marston on Questions Passed as Orders for Returns

With regard to intelligence-gathering policies and practices, and Canada’s past policy and practice of transferring Afghan detainees to the government of Afghanistan, especially the National Security Directorate (NDS): (a) was interest, by the Afghan authorities in an Afghan individual, one of the Canadian Forces’ (CF) criteria for detaining that person, and, if so, what was meant by “interest in the individual”; (b) did Canadian Security Intelligence Service (CSIS) officials, Department of Foreign Affairs and International (DFAIT) officials, or other non-Canadian Forces officials ever take part in, or provide information with respect to, Canadian Forces determinations as to whether the Afghan authorities had an “interest in the individual”; (c) if CF, with or without CSIS or DFAIT assistance, engaged in tactical questioning and collection of evidence related to a detainee, and no useful information was acquired, would such detainee still be subject to transfer to NDS and, if so, for what purposes; (d) did CF ever transfer someone to NDS without CF or CSIS having first engaged in its own questioning and collective of evidence, in order that NDS would be able to engage in the first questioning of the person; (e) when Canada received intelligence from NDS, (i) did it ask or require NDS to indicate whether that intelligence came from interrogation of any Afghans who had been transferred to NDS by Canada, (ii) did its intelligence services operate standard procedures for assessing whether such intelligence received from NDS was, or may have, been secured as a result of mistreatment, notably torture, and, if so, what consequences did such assessment have for use of the provided intelligence; (f) if Canada continues to receive intelligence from NDS, do its intelligence services operate standard procedures for assessing whether such intelligence received from NDS was or may have been secured as a result of mistreatment, notably torture, and, if so, what consequences do such assessments have as concerns the use of the provided intelligence; (g) since 2001, have NDS officials ever visited Canadian government officials in Canada, and, if so, when and with what government departments and departmental units or branches; (h) considering that the Communications Security Establishment Canada (CSEC) operated in Afghanistan, did Canada ever provide CSEC signals intelligence to NDS and, if so, does it continue to do so; and (i) was a review of CSIS’ activities ordered after it was revealed that CSIS officials had taken part in the interrogation of Afghan prisoners, and, if so, (i) who or what entity conducted this review, (ii) what were the results of this review?