AFGH Committee Meeting

The Special Committee on the Canadian Mission in Afghanistan met in a televised session at 3:29 p.m. this day, in Room 253-D, Centre Block, the Chair, Rick Casson, presiding.

Gen Rick Hillier (retired), LGen Michel Gauthier (retired) and MGen David Fraser made statements and answered questions.

At 4:59 p.m., the sitting was suspended.

At 5:02 p.m., the sitting resumed.

The Chair presented the Fifth Report from the Subcommittee on Agenda and Procedure which read as follows:

Your Subcommittee met on Monday, November 16, 2009, to consider the business of the Special Committee and agreed to make the following recommendations:

1. That the two witnesses scheduled to appear before the Special Committee on Wednesday, November 18, 2009, as part of the study on the transfer of Afghan detainees, be heard from separately, with Richard Colvin to appear first, followed by Peter Tinsley;

2. That witnesses appearing before the Special Committee, as part of the study on the transfer of Afghan detainees, who express concern that their responses to certain questions from members might in some way compromise national security, be asked to briefly explain their uneasiness and be offered the opportunity to answer those questions at an in camera session to take place during the last 30 minutes of the meeting;

3. That in cases where there is doubt that testimony given by witnesses would in fact compromise national security, and in the absence of members reaching a consensus, that expert advice be sought before releasing information, in order to err on the side of caution;

4. That a letter be addressed to the Minister of National Defence asking him whether or not the government supports the Judge Advocate General in his assertion that solicitor-client privilege prevented him from answering certain questions from members at the meeting held on Wednesday, November 4, 2009; and further asking the Minister if he would consider waiving that privilege in order to allow BGen Kenneth W. Watkin to answer questions at a subsequent meeting of the Special Committee.

On motion of Laurie Hawn, it was agreed, — That the Fifth Report be adopted.

Paul Dewar moved, — That the Special Committee on the Canadian Mission in Afghanistan request the following documents prior to the appearance of David Mulroney:

• All documents referred to in the Affidavit of Richard Colvin, dated October 5, 2009;

• All documents within the Department of Foreign Affairs written in response to the documents referred to in the Affidavit of Richard Colvin, dated October 5, 2009;

• All memoranda for information or memoranda for decision sent to the Minister of Foreign Affairs concerning detainees from December 18, 2005, to the present;

• All documents produced pursuant to the orders of the Federal Court in Amnesty International and British Columbia Civil Liberties Association v. Chief of the Defence Staff for the Canadian Forces, Minister of National Defence and Attorney General of Canada;

• All documents produced to the Military Police Complaints Commission in the Afghanistan Public Interest Hearings;

• All annual human rights reports by the Department of Foreign Affairs on Afghanistan.

Debate arose thereon.

The question was put on the motion and it was agreed to, by a show of hands: YEAS: 6; NAYS: 0.

Ujjal Dosanjh moved, — That the Special Committee on the Canadian Mission in Afghanistan:

a) direct David Mulroney, Canada’s ambassador to the People’s Republic of China and formerly Deputy Minister of Canada’s Afghanistan Task Force, to deliver the following documents to the Committee, uncensored and in their original language, by December 2, 2009:

• All documents referred to in the Affidavit of Richard Colvin, dated October 5, 2009;

• All documents within the Department of Foreign Affairs written in response to the documents referred to in the Affidavit of Richard Colvin, dated October 5, 2009;

• All memoranda for information or memoranda for decision sent to the Minister of Foreign Affairs concerning detainees from December 18, 2005 to the present;

• All documents produced pursuant to the all orders of the Federal Court in Amnesty International and British Columbia Civil Liberties Association v. Chief of the Defence Staff for the Canadian Forces, Minister of National Defence and Attorney General of Canada;

• All documents produced to the Military Police Complaints Commission in the Afghanistan Public Interest Hearings;

• All annual human rights reports by the Department of Foreign Affairs on Afghanistan;

b) direct Leonard Edwards, Deputy Minister of Foreign Affairs, to deliver all the documents referred to in a) to the Committee, uncensored and in their original language, by December 2, 2009, where David Mulroney does not have them within his power, possession or control to deliver to the Committee; and

c) invite David Mulroney and Leonard Edwards to appear as witnesses before the Committee as part of the hearings into the transfer of detainees on December 9, 2009, or at such other date as may be notified by the Committee if the aforesaid direction is not complied with by December 2, 2009.

Debate arose thereon.

The question was put on the motion and it was agreed to, by a show of hands: YEAS: 4; NAYS: 0.

Laurie Hawn moved, — That the Special Committee hear from David Mulroney on Thursday, November 26, 2009, from 3:30 to 5:00 pm.

Debate arose thereon.

After debate, the question was put on the motion and it was agreed to, by a show of hands: YEAS: 8; NAYS: 2.

At 5:29 p.m., the Committee adjourned to the call of the Chair.