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Harper Government Loses Big Battle With Parliament Over Afghan Documents

04/27/2010  | The Canadian Press

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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.

 
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