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Agreement on Afghan detainee documents is a victory for Parliament

Posted on May 14, 2010
parliament

Today’s agreement on a process for Parliamentarians to review documents concerning the transfer of Afghan detainees is a victory for Parliament and all those who have fought for the public’s right to access information, Liberals declared today.

“This deal is a victory for Parliament and for Canadians who have a right to an open, transparent government,” said Liberal Leader Michael Ignatieff. “It’s an important agreement that affirms the supremacy of Parliament and ensures that the authority to hold the government accountable remains in the hands of Canadians’ elected representatives.”

“I am especially proud of the contribution of the Liberal Members of Parliament who took part in these negotiations, particularly Ralph Goodale, Rodger Cuzner and Dominic LeBlanc, whose expertise and judgment were invaluable in proposing solutions that brought all parties together towards a deal,” added Mr. Ignatieff.

The agreement itself entrusts representatives from each party to review all documents and determine the relevance of the information to the public interest.  It also outlines a process whereby a Panel of Arbiters made up of eminent jurists can determine how the relevant and necessary information can be made publicly available – maximizing disclosure and transparency while upholding national security.

“We’re pleased that we’ve been able to reach an agreement that upholds the Speaker’s ruling,” said Liberal House Leader Ralph Goodale. “Today, we reached a sensible agreement that Liberals have been calling for since last December, that recognizes the supremacy of Parliament, its right to review these documents, and that trusts MPs to uphold our national security.”

In his April 27th ruling, the Speaker reaffirmed the role of parliamentarians to hold government to account as an indisputable privilege and obligation, which entails a broad, absolute power to order documents, without restriction or limit by the Executive.  The Speaker expressed his hope that accommodations could be made that allow MPs to be entrusted with the information while protecting national security, in keeping with the inherent trust that Canadians have placed in their elected officials.

“For six months, we’ve been asking to see these documents, but were blocked at every turn, even though in a democracy, it is the opposition’s job to hold the government to account,” said Liberal Justice Critic Dominic LeBlanc. “The Conservative government has a history of secretive behaviour and covering up damaging information, but today’s agreement is a lesson on how all political parties can respectfully cooperate on issues of great importance. It is my hope the government continues this level of civility in the future,” he concluded.

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