Q: I have been watching all this stuff in Parliament about confidential information about Afghanistan and transfer of prisoners. How does all that work?A: The issue arose from demands for information in the House of Commons related to Canadian Forces’ transfer of Afghan detainees to Afghani from Canadian custody. The concern is that once they are transferred, they may be subjected to torture and human rights abuses. People were concerned that Canada not be complicit in these acts.The government did not produce the documents, citing confidentiality and suggesting disclosure might breach state or military secrets. The government also expressed concern that other nations might not give Canada confidential information in the future.Under Canadian law, the speaker of the House of Commons must issue a legal ruling on such disputes. On the issue of the government’s non-compliance with an order of the House, speaker Peter Milliken found that the House decides whether any member is in contempt of the House. He ruled that if Canada is to remain democratic, it is important to challenge the government:”In a system of responsible government, the fundamental right of the House of Commons to hold the government to account for its actions is an indisputable privilege and, in fact, an obligation,” he ruled.Milliken gave the government two weeks to produce the documents, failing which members could bring motions for breach of privilege and other remedies.The speaker represents the House and is obliged to uphold its laws and processes to preserve the integrity of the House and democracy. He must remain impartial, renounce ties to his own political party and refrain from taking part in caucus meetings.For more information on the speaker’s roles, read Hon. John Fraser’s book, The House of Commons at Work.
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