The ruling was in response to the government’s refusal to hand over documents dealing with the treatment of Afghan detainees. That issue first came to light late in 2009 when former diplomat Richard Colvin accused the government of handing over prisoners to Afghan authorities with knowledge they’d be tortured.
Milliken’s Contempt Ruling: Parliament Reigns Supreme
Peter Milliken is the Speaker for the Federal House of Commons. The speaker’s duties include ruling on procedural matters, and keeping order in the House. He doesn’t vote accept in the case of a tie. The ruling dealt with the Afghan detainee issue. In 2009, hearings were held into whether Canadian soldiers knew detainees were being tortured in Afghan custody. The committee ordered the Harper government to hand over all necessary documents, which they did but those were censored. On Dec.10, 2009 the House of Commons passed an opposition motion ordering uncensored documents turned over to the committee.
The government refused, citing national security as the reason. Opposition members responded by submitting statements saying several ministers were in contempt of Parliament, and arguing Parliament was supreme. On April 27, 2010 Milliken ruled in the opposition’s favour. According to CBC.CA, the government couldn’t censor the documents: “It is the view of the chair that accepting the unconditional authority of the executive branch to censor information provided to Parliament would in fact jeopardize the very separation of powers that is purported to lie at the heart of our parliamentary democracy. Parliament reigns supreme.
The Conservative government reacted on April 27, 2010 indicating compromise. In comments published on CBC.CA Justice Minister Rob Nicholson recognized the need to balance national security with obligations to Parliament: “The government will not knowingly break the written and passed laws by Parliament.” The prepared statement continued to say they wouldn’t jeopardize the safety of Canadian soldiers.
Liberal Leader Michael Ignatieff, in comments published by CBC.CA, applauded the speaker, calling it a “clear victory for Parliament, for the people of Canada, for democracy, and a clear defeat for the Conservative government.” Ignatieff asked House Leader Ralph Goodale to meet with his counterparts and discuss compromises. New Democratic Party (NDP) Leader Jack Layton said, “The speaker stood up for the Members of Parliament, and for the people elected by the people of Canada against a Harper Government that simply wanted to act in a contemptuous way toward Parliament.”
Possible Outcomes of Milliken’s Ruling Include Federal Election
Speaker Peter Milliken gave Parliament two weeks to come to a compromise or have one imposed on them. This could see the uncensored documents have handed over for examination to an all-party committee who have been vetted and forced to sign oaths of secrecy.
If the four parties fail to agree, the speaker would impose a solution. The Conservatives could make this a confidence matter, and Canadians could head to the polls for a federal election. Prime Minister Stephen Harper suggested his government was willing to go to the polls in comments published on thestar.com: “The fact is that the government has certain obligations to protect the release of documents that might threaten national security.” NDP Leader Jack Layton reacted to the comments saying in the same article he hopes a deal could be done. “I hope that the Prime Minister changes his tune, and is actually willing to work with the other parties.”
Laura Steiner - First hand experience covering politics at all levels; municipal, provincial, and federal.
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