OTTAWA, ONTARIO… “The Opposition request for all documents pertaining to Afghan detainees is irresponsible and could endanger the lives of our serving soldiers,” stated MP Cheryl Gallant, (Renfrew-Nipissing-Pembroke). The MP, whose Riding includes CFB Petawawa, an army base that has provided several troop rotations to Afghanistan, made that observation at the conclusion of the debate of an Opposition motion that asks the Conservative government to produce documents that are protected by the Canada Evidence Act because of the sensitive information contained in them. 

Edited Hansard December 10, 2009.
Mrs. Cheryl Gallant (Renfrew—Nipissing—Pembroke, Conservative):
   Mr. Speaker, would the Minister of Justice tell us why the mover of today's motion is completely irresponsible in asking government officials to break the law in the Canada Evidence Act in an attempt to further his own political gain? After all, was it not the former Liberal government that put in place the Canada Evidence Act after the 9/11 tragedy?

Hon. Rob Nicholson: (Minister of Justice and Attorney General of Canada, Conservative)
   Mr. Speaker, the hon. member has covered a number of points.
   It is difficult for me to speculate on the motives of the individual who moved the motion. I can only say that the Liberals should adopt the same approach that we are taking, that the national security and protection and safety of individuals serving in Afghanistan, indeed serving abroad, have to be of the utmost concern to everyone, be it a committee of Parliament or the Military Police Complaints Commission.
   This has to be our ultimate goal. I think I have made this point very clear and so have my ministerial colleagues. We have a responsibility to individuals who assist in the safety of others serving abroad. Again, it is not just members of the armed forces; it is civilians as well. We want to make sure they are protected.
   Disclosing, for instance, as to when and how often they visit detainees, information like that, in my opinion, would jeopardize their safety. If terrorists get the log on something like that, it could be very dangerous. This is our motive for all our actions in this area.

Mrs. Cheryl Gallant (Renfrew—Nipissing—Pembroke, Conservative):
   Mr. Speaker, together with my colleagues on the defence committee, we have special concerns about the confidentiality of what is in these papers. During an in camera meeting of the national defence committee the mover of this motion twittered what was being discussed to the universe. We have great reservations about the ability of the mover or colleagues to keep what is confidential for the security of Canada.


Hon. Peter MacKay: As far as the hon. member who is now tweeting orally in the chamber, we know he has a record of having tweeted in committee. It is quite shameful that the member would suggest that information is impeccably protected in committees when he is guilty of having leaked information that could have been injurious.

Hon. Rob Nicholson (Minister of Justice and Attorney General of Canada, Conservative):
   I am convinced that it would be serious mistake for the government to produce the many documents referred to in the motion tabled by the hon. member for Vancouver South. Producing verbatim copies of these documents would jeopardize not only the security of Canadians serving in Afghanistan, but also Canada's relationships with other countries. Furthermore, the release of unedited versions of these documents would be clearly inconsistent with parliamentary convention related to the protection of sensitive information.

Mrs. Cheryl Gallant (Renfrew—Nipissing—Pembroke, Conservative):
   Madam Speaker, the member opposite referred to an incident that happened in June 2006, under the rules governing transfers of prisoners that were put into place by the former government, his own government. Once there was an indication there could be a problem, the new government, the Conservative government, set to work right away to make a more robust set of rules. Indeed, yesterday, the Chief of the Defence Staff, upon learning that the situation was different, and it took him three years to get the truth, immediately ordered an investigation so that the chain of command would be able to far more quickly get the information that is required.
   My question is, now that we have the more robust rules in place, and we are looking at why it took information so long to get up the chain, what is it that the member opposite hopes to accomplish in making these documents unredacted by the justice department public, that is, aside from making information public that may jeopardize the lives of our soldiers?

Hon. Peter MacKay (Minister of National Defence and Minister for the Atlantic Gateway, Conservative):   
   I am joining in the debate to state clearly, once again, that the disclosure of the documents that are sought, the government information and legal proceedings and what Canadians would receive, is done through a process that falls under the responsibility of the Department of Justice. It is a process that is independent from politics.
    Earlier in the day we heard from the Minister of Justice. He stated in a very articulate and straightforward way the process by which redactions are done. He clearly indicated that it is non-partisan, independent public service in his department who make these determinations.
   I also want to put on the record and restate that Canadians should understand that the reputation of the military is completely intact. There has been nothing done that would indicate they have acted other than honourably in conducting themselves on this mission, as they have consistently throughout our country's history.


The Government of Canada has a fundamental obligation to ensure that the lives of civilians and Canadian Forces personnel in Afghanistan are not put in further jeopardy or given additional risk by releasing information that may be part of operational security or affect relations with our allies, international organizations, or confidential sources who often provide us with information to help prevent enemy attacks. The government's primary obligation is to protect and promote the lives of its citizens, including our men and women who are deployed.

Special care is also being taken to avoid a situation by a careful review of thousands of documents, pages of which might contain information that could be helpful to the enemy. Governments should do this with the greatest care and responsibility. It is done by officials who are specially trained with an eye to that detail, and it is done independent of the political branch of government.