Inkless Wells

Inkless Wells

Paul Wells on all the latest out of Ottawa—along with the occasional post about jazz. Follow Paul on Twitter: @InklessPW
He also offers his thoughtful perspective of Stephen Harper’s last 10 years in his recent eBook, The Harper Decade.

The Harper test for calling a commission of inquiry

by Paul Wells on Wednesday, December 16, 2009 2:18pm - 214 Comments

Prime Minister Harper’s most prominent decision to call a commission of inquiry came in late 2007 when he set about to create a commission to investigate Karlheinz Schreiber’s allegations about Brian Mulroney. Here’s the text of that announcement. I’ve bold-faced the parts that seem germane in regard to Richard Colvin’s new letter.

On Friday I announced that I would be appointing an independent and impartial third party to review what course of actions may be appropriate given Mr. Schreiber’s new sworn allegations. These allegations remain unproven and untested in a court of law and arose in a private lawsuit. There are, however, now issues that go beyond the private interests of the parties in the lawsuit.

Many have called for a public inquiry, including, most recently, Mr. Mulroney.

Given the conflicting information and allegations (including what appears to be some conflicting information under oath) and the extended time period over which the events referred to in various documents and allegations surrounding this matter have occurred, I have decided to ask the third party to advise the government on appropriate terms of reference for a public inquiry.

If in reviewing material, the independent party finds any prima facie evidence of criminal action he or she will identify this and advise how this should be handled and what impact, if any, it should have on the nature and timing of the inquiry.

A public inquiry is a major step and one that should only be taken when it addresses Canadians’ interest, not those of the various parties, whether Mr. Schreiber, Mr. Mulroney or political parties. That is why it is important that we engage the necessary independent expertise and take the time to ensure that the terms of reference meet that test.

This decision set a bar. If the prime minister strikes commissions of inquiry only when Brian Mulroney requests them, he should say so. If resolving Colvin’s allegations is not in the public interest, the prime minister should explain why not. If the proper response to unproven allegations is no longer to seek proof or disproof, the prime minister should tell us why that is no longer his response. If Richard Colvin, who remains a salaried and trusted public servant, is less credible than Karlheinz Schreiber, who was the subject of concerted extradition efforts by the German government at the time he made his allegations, the prime minister should explain why Colvin’s credibility is so limited, and why he continues to be entrusted with serious responsibilities on behalf of the Canadian federal state.

Bookmark and Share
  • http://intensedebate.com/people/lgarvin lgarvin

    That fig leaf doesn't even cover the fig.

    Peter MacKay and his tissue-thin rationalizations about "protecting the troops" against charges of war crimes are just contemptible. No-one in Canada has been more disrespectful of our troops than Peter MacKay and his like-minded cohorts. It's like invoking your neighbour's good name to provide an alibi for yourself.

  • http://intensedebate.com/people/Nich Nich

    If we treat ourselves as a nation serving in ignorance, we move backwards, do we not?

    Perhaps the problem is one of perspective… I hold our government and institutions to a higher standard than the thugs of the world. Whenever our government regresses towards despotism, totalitarianism or anything of such an arbitrary manner, no matter how small that step, it is the responsibility of citizens to prevent the slide and speak against it.

    We are sliding backwards and using a society we refer to as 'stone aged' as the rationale. Nothing good can come of this.

    • MBToday

      Amen!

  • http://intensedebate.com/people/Jenn_ Jenn_

    Hey, that's a great idea, Ted! Think how much cheaper it would be, for one thing. It could avoid the celebrity posturing that inevitably occurs with a public inquiry. It could be made up of military personnel, or former military personnel, who would know issues the troops face from experience, and also understand, first-hand, the importance of securty. Or that something like it is already set up and could move quickly . . . what's that? . . . oh. Nevermind.

    Now back to the talking points of how giving clearance to view unredacted documents to those other than military and government personnel would jeopardize national secuirty.

    • Holly Stick

      Because it makes Harper feel insecure and since he is the nation, it's a matter of national security.

      The Government of Canada website, which in theory belongs to the people of Canada, now contains approximately 11,300 mentions of "The Harper Government"

      http://section15.blogspot.com/2009/12/harper-gove…

      God knows how many photos of the narcissistic creep are on plastered on that website.

  • orval

    If a Canadian Forces member(s) knowingly turned detainees over to be tortured contrary to international law, then they deserve a court-martial so their Charter and legal rights are respected (presumption of innocence, a fair trial by an impartial judge, retaining counsel, the right to a defence and to cross-examine witnesses, no hearsay evidence, etc).

    There must be a legal trial, not a "political" trial. Only this way is justice served.

    • http://intensedebate.com/people/PoliticalPundit PoliticalPundit

      I agree in theory with the scenario that you outline.
      But, if a soldier is charged and goes on trial then all of Senior Military Officers, the CDS, the Ministers of the Crown, and the Prime Ministers will be dragged into the trial since they are the ones responsible for setting the policy regards Afghan prisoners of war.
      It will not be a pretty picture but then this is what democracy is all about. Those responsible for making the decisions have to be, at all times, accountable for their decisions. If they want to escape this reality, why then are our brave Canadian soldiers fighting and dying or being wounded for in the Afghanistan mission.
      We have all been told over and over that the war against the Taliban and al Quida is to rebuild a failed democratic state in Afghanistan.
      Harper became Prime Minister on a platform demanding accountability. He has made a mockery of this promise and of all those voters who supported him and his Conservative Party.
      What a bloody and very foolish mess that PM Harper has put the country in!

  • http://intensedebate.com/people/Nich Nich

    There hasn't been any suggestions of crimes committed by troops, but there are allegations of multiple cover-ups from sources that fall outside the scope of the Judge Advocate General (I suspect both by definition and the political institutions at work).

    This isn't about the troops. It never has been and only the Conservatives and some of their supporters have been dragging the troops into this every step of the way.

    LEAVE THE TROOPS OUT OF IT!

  • http://intensedebate.com/people/Scott_Tribe Scott_Tribe

    Last I looked.. all opposition parties, many political pundits (including hardly Liberal-Friendly Norman Spector) and a majority of Canadians in public opinion polls want a public inquiry. Next talking point, James.

    • James Halifax

      Scott, if you poll the average Canadian at an NDP convention….you will get the results required to allow that a "Majority" of Canadians are socialists.

      If you conduct a poll of out-of-power, political opportunists, their sycophants, and certain areas in Toronto, Montreal and Vancouver that have more sympathies for the Taliban than they have for Canadian soldiers…you will get the results you've just posted.

      However, if you stop the average tax-payer on the Streets of the average Canadian city…….you will find the sympathy level for TALIBAN detainees is practically non-existent. As for the "pundits"…sorry……no one gives a damn what they have to say….because they generally say whatever is required of them to ensure the next paycheque. In fact, I have yet to meet anyone who feels that the well-being of those who are killing our soldiers is a top priority. Perhaps it only applies to the folks in your social circle……

      Nice try Scott….but keep up the good work in any event, I'm sure the Libs will add you to the payroll (if they haven't already) Just keeping spouting.

    • http://twitter.com/claudlemire @claudlemire

      Yeah, but all opposition parties have an agenda.

  • E.B.

    Didn't he also disband the military unit that was involved?

  • orval

    So if not the troops, who exactly was it who turned over the detainees to be tortured?

    Colvin testified that every detainee turned over by the Canadian Forces in 2006 was knowingly tortured. How can you leave the troops out of it?

  • orval

    so you believe that Canadian troops have committed war crimes?

    And if Minister McKay believes otherwise, he is not entitled/duty-bound to say so?

  • Style

    Not sending soldiers into combat will certainly show those peaceniks who's the boss…

    • Canuckistanian

      heh ;-).

      as for making mistakes, to paraphrase a Rumsfeldian bon mot, there are knowable knowables. knowing that torture is commonplace in Af'stan and transferring detainees to the NDS without any protocols to prevent their abuse is not merely a mistake. it is reckless incompetence or reckless indifference. either they were too stupid or they simply didn't care.

  • orval

    can you provide links to the public opinion polls?

  • Style

    Paul – what's the alternative you see? Running a foreign-controlled detention system parallel to the Afghan one doesn't seem like a great way to support the development of the national government.

    • Canuckistanian

      maybe, umm, just maybe, we could have done what every other NATO force in Af'stan did…

  • http://intensedebate.com/people/SeanStok SeanStok
  • http://intensedebate.com/people/SeanStok SeanStok
    • http://intensedebate.com/people/CanadianSense CanadianSense

      Does that survey only include Colvin's?

    • http://intensedebate.com/people/CanadianSense CanadianSense

      [youtube 2yhN1IDLQjo&feature=PlayList&p=BED34CFD83ACB5D3&index=13 http://www.youtube.com/watch?v=2yhN1IDLQjo&fe... youtube]

      Did that survey include the testimony on only Colvin?

      • http://intensedebate.com/people/SeanStok SeanStok

        I grabbed it quickly, and it may well have happened before the generals and Mulroney testified. Then again, MacKay went after Colvin immediately, so it's not like there wasn't an official (and higher ranking) rebuttal out there. Also, you'd have to figure yesterday's release by Colvin would somewhat offset the generals' and Mulroney's testimony.

        I assume/hope you have experience with and an understanding of polls beyond a youtube video.

        • http://intensedebate.com/people/CanadianSense CanadianSense

          Anyone can manipulate a Poll. Citing popular opinion for a basis of doing the "right thing" by government makes little sense.
          The Pollls regarding HST, GST, Free Trade did the government of the day follow the Poll?

          How many people are paying attention to politics and the details regarding this latest scandal. The evidence of abuse we have is "Field Notes" from three years ago.

          Any other "hard evidence" on abuse or torture to back up the allegations made by one single person, opposition MP's?

          Does the incident from three years show we acted and did the right thing? How was it reported?

          When did the Liberal Party adopt "no redaction" Policy?

          • http://intensedebate.com/people/SeanStok SeanStok

            Thing is, I was only providing a poll, as orval demanded from Tribe. And it was only to support the contention that a majority of Canadians would like an inquiry. I was in no way suggesting that it gave weight or merit to any of the current allegations floating about (save that the Conservatives have so poorly handled this that many now have suspicions.)

            For the record, my preference is for the current government to work with parliament and settle some of these concerns.

            Just how do you propose anyone gets their hands on hard evidence? That's the weakest argument against an inquiry there is, since the whole point would be to collect and assess all claims and evidence before drawing any conclusions.

          • http://intensedebate.com/people/CanadianSense CanadianSense

            SS,

            I don't respond to satisfy someone else.

            I can link to two Polls on the environment, Pro-Cop15 "more action" or (Compass Poll) "no action" to illustrate my point.

            One thing that Canadians, Americans and Europeans could all agree on in the survey is that they don't want to pay more taxes to reduce greenhouse gases. -http://www.mjtimes.sk.ca/Canada—World/Society/2…

            "Now, are you saying that most Canadians likely do not want an inquiry, or that it doesn't matter if they do? "

            Most are NOT paying attention.

            Latest witchunt:

            My opinion is the Public Inquiry Business are of little value or use in most cases. They are terminated early, do not have an opportunity to get to the facts. (Politicial Junkies, media, lawyers really love them)

            Redaction became a concern only after the Liberals lost power? No other issue we should demand 100% unredacted memos, emails? Why this issue and not other issues?

            Since 2001 we have had only one person step forward and make these numerous allegations of torture, coverup and conspiracy. (Did I miss anything?)

            Every other Canadian overseas is complicit involved in hiding the details?

            Again we have a "Field Note", no other notes, videos, pictures, evidence of Hard Evidence?

            You don't think the opposition may have been set-up again?

          • http://intensedebate.com/people/SeanStok SeanStok

            Your pseudonym gets funnier with every rambling comment you post.

          • http://intensedebate.com/people/CanadianSense CanadianSense

            SS,

            Are you uncomfortable with your assertions?

            Why don't we have more "Hard Evidence" from nearly eight years?

            Why is Colvin the only person stepping forward with these allegations?

            Massive cover up by everyone else, DFAIT, government, embedded, non-embedded reporters?
            Can't anyone find a "corrupt" NDS official, local who is interested in selling photos, videos?

  • http://intensedebate.com/people/Crit_Reasoning Crit_Reasoning

    Whatever, Mike. Try to see the world in something other than shades of black and white. Lots of Liberal MPs have bloviated about "war crimes". Ujjal Dosanjh did so just yesterday.

  • http://intensedebate.com/people/Crit_Reasoning Crit_Reasoning

    Why not? It's completely accurate.

    • http://intensedebate.com/people/sea_n_mountains sea_n_mountains

      based on what?

  • Orson Bean

    I have to say that at a gut level, some of Colvin's statements like this strike me as implausible or overreaching. I don't doubt that much or most of what he's said is true. But I do think that at times some of his statements leave the realm of proveable fact and veer off into speculation and opinion.

  • Canuckistanian

    well, except for the Afghans captured by every other NATO country in Afghanistan….;-)

    • http://intensedebate.com/people/Crit_Reasoning Crit_Reasoning

      Yeah, I should have been more clear. I should have said "suspected insurgents who weren't lucky enough to be captured by NATO forces."

      • Mike T.

        Fortunately, that's not the baseline for treatment of prisoners by modern, first world military operations. YAY! We're better than the Taliban! is pretty weak.

        • http://intensedebate.com/people/Crit_Reasoning Crit_Reasoning

          Too bad we're not as good as the Americans, because Paul Martin didn't trust them with our detainees.

  • http://intensedebate.com/people/Style Style

    They transferred detainees to Afghan prisons and had trouble monitoring them. Hey, that sounds familiar…

    • Canuckistanian

      i'm going to be charitable and assume you are being willfully obtuse. other NATO forces didn't have our problem cause they had protocols in place; which leads to the question, as Jack Mitchell alluded to in this thread, of what motivated their indifference to this foreseeable eventuality.

  • orval

    That is exactly what Colvin is saying. Colvin testified that all detainees turned over to Afghan authorities by Canadian Forces were tortured, and that Canadian Forces commanders knew this, and ignored warnings that this was happening.

    This is an allegation that Canadian Forces members committed war crimes. This is an extremely serious allegation. Colvin has presented no facts to back up this.

  • Orson Bean

    Actually, I take that back. Everything Colvin says is true and must be true. Colvin is God. In fact, why even have an inquiry? Let's just all assume that everything that Colvin says is 100% true, with no need to give anyone else's view any airing at all. To the extent that Colvinghas accused anyone else of wrongdoing, let's summarily convict those people for war crimes and have them thrown in jail for life. All those other people are probably liars. At least compared to Colvin, they are. And if we do have an inquiry, it should be headed by Colvin, and he should write the final report.

    Is that more to your liking?

    • kcm

      Sarcasm has to be sublte to be effective Orson.

  • Riley Hennessey

    KCM,

    I do care about this issue… I just don't like the 24 hour sirens of alarm that is going on right now. It's overkill. I can not turn on the news and not hear about it. The issue is no longer about detainee policy, it's about how can the media, opposition use this to club the government, and on the opposite side, how can the government use this to wrap themselves in the flag and accuse the opposition of supporting murderers. The whole thing is off the rails.

    An inquiry would calm things down for a bit, let some cooler heads prevail, and actually look into this issue and make recommendations for the future. That's what I want to happen. Something to do with POLICY.

  • greyburr

    If there is to be an inquiry lets start at the day we got suckered into Afganistan.by Chretian,.Lets look at the issue from both liberal and conservative involemen with a neutral chairman.!Why the starting point at 3 years ago other than cheap politics and grandstanding..

    • http://intensedebate.com/people/Thwim Thwim

      Good thing the Liberals are asking for an Inquiry starting into the events starting in 2002 then.

  • http://intensedebate.com/people/lgarvin lgarvin

    That fig leaf doesn't even cover the fig.

    Peter MacKay and his tissue-thin rationalizations about "protecting the troops" against charges of war crimes are just contemptible. No-one in Canada has been more disrespectful of our troops than Peter MacKay and his like-minded cohorts. It's like invoking your neighbour's good name to provide an alibi for yourself.

  • http://intensedebate.com/people/Scott_Tribe Scott_Tribe

    Same results as from July Biff.. you need to actually read a bit.

From Macleans