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December 11, 2009  
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Detainee issue on ice for holidays
Showdown set for when Parliament resumes
By KATHLEEN HARRIS AND ALTHIA RAJ, PARLIAMENTARY BUREAU




OTTAWA -- MPs fled for the holidays yesterday after fierce political wrangling over the release of secret documents related to the Afghan detainee file.

Opposition parties invoked parliamentary privilege to force the Conservatives to turn over documents relating to whether suspects detained by Canadians were later tortured by Afghan police -- setting the stage for an "unprece-dented" showdown between the government and Parliament.

"We must have the truth -- uncensored and unredacted. That is the privilege of Parliament and the right of the Canadian people," said Liberal Leader Michael Ignatieff.

But Justice Minister Rob Nicholson said it would be a "serious mistake" to produce any sensitive documents that would jeopardize Canadians serving in Afghanistan and Canada's relationships with other countries.

"Parliament exercises significant powers, yet Parliament also appreciates the importance of protecting confidential information," he said.

"The government's position on the matter is clear. We must make every effort to protect sensitive information that if disclosed, could compromise Canada's security, national defence and international relations."

MPs held a string of votes before heading home for the holidays, but the committee studying the Afghan detainee issue could hold special hearings over the six-week break.

In the House of Commons, Prime Minister Stephen Harper suggested opposition parties were impugning the reputation of Canada's troops and diplomats serving abroad by pressing on the Afghan abuse issue.

"These people have been operating in extremely difficult conditions in Afghanistan. Whenever they have been faced with difficulties, they have taken the appropriate action," he said.

Queen's University constitutional expert Ned Franks called yesterday's parliamentary manoeuvring "unprecedented," but doubts the government will turn over the documents in the end.

In theory, the justice minister could be arrested and held in custody, he said. The government could appeal to the courts to hold back the material or seek a compromise, such as asking a third party to vet documents before their release.

Meanwhile, the Military Police Complaints Commission scheduled three weeks of public hearings beginning March 22 and gave the federal government firm deadlines to produce key documents.

But the commission's hearings risk being postponed or even shut down because the Conservatives have not yet appointed a new chairman. Commission chairman Peter Tinsley's term ends today.

Justice department lawyer Alain Prefontaine said 340,000 pages of "possibly relevant" documents must be combed through and reviewed by as many as five different levels of bureaucrats before they could be turned over to the commission.

KATHLEEN.HARRIS@SUNMEDIA.CA







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