SECU Committee Report

DISSENTING OPINION FROM THE CONSERVATIVE PARTY OF CANADA

Conservative Member’s supplemental report on the Public Safety and National Security’s Review of the Findings and Recommendations of the Internal Inquiry into the Actions of Canadian Officials in Relation to Abdullah Almalki, Ahmad Abou-Elmaati and Muayyed Nureddin (Iacobucci Inquiry) and the report from the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar (O’Connor Inquiry)

Recommendation 3

The Committee did not undertake this study to make any claims regarding the facts of the cases of Mr. Almalki, Mr. Abou-Elmaati and Mr. Nurredin and therefore has no factual basis from which to recommend either an apology or compensation. There is on going litigation in these cases and it is our opinion that it would be inappropriate for the Committee to make this recommendation (Marleau and Montpetit pg 428).

The Committee did undertake to consider the findings of the Iacobucci inquiry and at no point in his report did Justice Iacobucci recommend that the government either apologize or give compensation.

RECOMMENDATION 4

It is the Conservative member’s position that this recommendation has already been fulfilled by the government.

On April 2nd, 2009 the Minister stated in answering a question from the opposition:

“The position of the Government of Canada is quite clear: we do not condone the use of torture in intelligence gathering. Our clear directive to our law enforcement agencies and our intelligence service is that they are not to condone the use of torture, practice torture, or knowingly use any information obtained through torture.”

Further, the head of CSIS Jim Judd stated the following regarding the Minister’s statement:

“The minister's position is reflective of the policy of CSIS. We do not condone torture. We do not rely on information obtained by torture.”

Lastly, at the Committee’s request the Minister of Public Safety provided a copy of a directive to CSIS on information sharing with foreign agencies where it clearly states that CSIS “will not knowingly rely on” such information and they will “take all reasonable steps” to prevent even the appearance of condoning torture. A copy of the Minister’s directive is attached to this report.