Mr. Speaker, I recently asked the Minister of National Defence a question about the government's decision to challenge the authority of the Military Police Complaints Commission tribunal. The Parliamentary Secretary to the Minister of National Defence responded to my question, and at one point he said that the allegations were completely ridiculous and that I should be ashamed of myself.
The Military Police Complaints Commission was established in 1999. I was in the House of Commons when that legislation came through. Prior to coming into politics, I was a member of the Quebec Police Commission. Then when the whole system was hauled through an innovative legislation adopted by the Quebec government in 1989, which came into effect in 1990, I was deputy commissioner for police ethics. I actually presided over public complaints into allegations of alleged police misconduct.
I know what it means for a commission to have a mandate. I know what the federal court stipulated when the government challenged the mandate of the commission. The federal court very clearly said that the commission's mandate was restricted to military police and their investigations.
The complaints are that members of the military police transferred Afghan prisoners to Afghan authorities, knowing that they would be subject or that there was a reasonable possibility of them being subject to torture. To protect the credibility of our military, of our wonderful, brave men and women in the Canadian armed forces, we need to have independent governance when complaints come through. In order for the commission to properly do its work to determine whether the military police knowingly transferred Afghan prisoners to torture, it needs to hear what the military police would have known about whether there was torture taking place in the prisons.
A Canadian diplomat, Richard Colvin, wants to testify as to what he knows and the government has issued an order that he is not to testify. It has issued an order under section 38 of the Canada Evidence Act. Everyone knows that section has to do with terrorists. I am not sure if the parliamentary secretary was here when that legislation was adopted, the Anti-terrorism Act, in 2001, but I was here. It was not adopted in order to prohibit government public servants from testifying to what they know in an independent tribunal's public inquiry into serious allegations.
If the commission cannot do its work properly, then whatever its conclusion is has no validity, has no credibility and therefore the allegations, as serious as they are, remain. That is one of the reasons why Quebec brought in an independent system with real authority.