Hélène Laverdière on Questions Passed as Orders for Returns

With regard to cooperation between the Canadian military and the United States (US) military and intelligence agencies in Afghanistan and Iraq and to findings of the Canadian military Board of Inquiry report of May 4, 2010, on the subject of the “14 June 2006 Afghan Detainee Incident”: (a) when did Canada decide to no longer transfer persons in the care, custody, or control of members of the Canadian military to members of the US military; (b) were there any omissions or exclusions from the scope of this decision at the receiving end, such as US intelligence agencies like the Central Intelligence Agency (CIA) or did the decision apply to transfers to any agent or actor acting on behalf of the US government; (c) at the transferring end, did this decision apply to all members of the Canadian military, including special forces and intelligence officials, and if not, to whom did it not apply; (d) for what reasons was this decision taken; (e) was this decision taken after legal advice had been received on whether it would be lawful to continue to transfer to the US and if so, was the government advised that it would be unlawful to continue the transfers; (f) what was the date of the last transfer before the decision came into effect; (g) did this decision apply to persons who would or could be characterized as Persons Under Control (PUC) by the US Army, units within the US Army, or the CIA, considering that this is a term that the Canadian military Board of Inquiry report of May 4, 2010, referred to as an “American Army Term”; (h) were there any instances of this decision not being implemented, and thus of persons being transferred to the US military or another US agency in situations in which members of the Canadian military themselves characterized a person as a PUC, considering that the same Canadian military Board of Inquiry report of May 4, 2010, observed that the term PUC was in “widespread use” within the Canadian military in Afghanistan; (i) is the government aware of any instances in which persons who were determined not to be “detainees” were transferred on the battlefield or elsewhere to Afghan National Security Forces (ANSF) personnel, including the Afghan National Police, the Afghan National Army, the National Directorate of Security, and any paramilitary or like organizations working for or alongside the foregoing, to then learn that the person was re-transferred by ANSF personnel to members of the US military, CIA, or private US actors cooperating with the US Army or CIA; (j) is the government aware of any instances in which persons treated by Canada as “detainees” were transferred to ANSF personnel and then re-transferred by ANSF personnel to members of the US military, CIA, etc., especially before the 2007 Transfer Arrangement between Canada and Afghanistan took effect; (k) was this decision conveyed to the US government and if so, what reasons were provided and how did the US government respond; and (l) was this decision ever reversed or revised and if so, on what terms, when, and for what reasons?