The Harper government has lost an epic battle that pitted its right to keep
national-security secrets against Parliament's right to know.
The Speaker of the Commons ruled
Tuesday that the government's refusal to hand over uncensored documents on
Afghan detainees violates the privilege of the House.
Peter Milliken upheld the absolute
right of Parliament to hold the government to account, saying: "The chair must
conclude that it is within the powers of the House of Commons to ask for the
documents ..."
He said the matter involves the "very
foundations" of the parliamentary system.
Milliken has given the House and the
government two weeks to find a compromise that would allow MPs to see the
documents while protecting sensitive information.
If there's no agreement, he said, he
will rule on a motion to deal with the matter. That could result in a vote to
find the government, Defence Minister Peter MacKay, Foreign Affairs Minister
Lawrence Cannon, Justice Minister Rob Nicholson, or others in contempt of
Parliament.
Nicholson, speaking for the
government, said: "We welcome the possibility of a compromise while respecting
our legal obligations."
Milliken noted that in other
countries, they get around the national security issue by swearing in MPs who
see sensitive material.
The documents at issue are believed
to contain information related to the alleged torture of prisoners transferred
to Afghan authorities by Canadian soldiers.
The three opposition parties banded
together in December to demand the release of the uncensored documents. The
government subsequently released several heavily censored collections of
material, but they were greeted with scorn.
The justice minister has argued that
Parliament has no authority to demand unfettered access to the documents.
Milliken has been a student of
parliamentary procedure for years. He scoured rule books from Britain, Australia
and other Westminster-style parliaments as he drafted his decision.