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Speaker's ruling - April 27, 2010

Speaker's ruling - April 27, 2010

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Published by The Globe and Mail
Peter Milliken weighs on parliamentary privilege battle over Afghan detainee documents.
Peter Milliken weighs on parliamentary privilege battle over Afghan detainee documents.

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Published by: The Globe and Mail on Apr 27, 2010
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06/21/2010

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RULING ON THE QUESTIONS OF PRIVILEGERAISED ON MARCH 18, 2010,BY THE MEMBER FORSCARBOROUGH
ROUGE RIVER(MR.LEE), THE MEMBER FOR
ST. JOHN'S EAST(MR. HARRIS),AND THE MEMBER FORSAINT-JEAN(MR. BACHAND)CONCERNING THE ORDER OF THE HOUSE OF DECEMBER10, 2009, RESPECTING THE PRODUCTION OF AFGHANDETAINEE DOCUMENTS
April 27, 2010
 
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I am now prepared to rule on the questions of privilege raisedon March 18, 2010, by the hon. Member for Scarborough
RougeRiver(Mr. Lee), the hon. Member forSt. John's East(Mr. Harris), and the hon. Member forSaint-Jean(Mr. Bachand) concerning theOrder of the House of December 10, 2009, respecting theproduction of documents regarding Afghan detainees.I would like to thank those three Members raising theseissues. I would also like to thank the hon. Minister of Justice andAttorney General (Mr. Nicholson), the hon. ParliamentarySecretary to the Government House Leader (Mr. Lukiwski), thehon. House Leader of the Official Opposition (Mr. Goodale), andthe hon. Members for Toronto Centre (Mr. Rae), Joliette(Mr. Paquette), Windsor
Tecumseh (Mr. Comartin), Yukon(Mr. Bagnell), Toronto
Danforth (Mr. Layton), Outremont(Mr. Mulcair), and Kootenay East (Mr. Abbott) for theirinterventions on this important matter on March 18, 25, and 31,and on April 1 and 12, 2010.The facts that have led the House, and the Chair, to beseized of this case are the following:
 
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On February 10, 2009, the House recreated theSpecial Committee on the Canadian Mission inAfghanistan. This committee conducted its business inthe usual way and began, in the fall of that year, toseek information from the Government on thetreatment of Afghan detainees.
On November 27, 2009, the Committee reported to theHouse what it considered to be a breach of itsprivileges in relation to its inquiries and requests fordocuments.
On December 10, 2009, the House adopted an Orderfor the production of documents regarding Afghandetainees.
On December 30, 2009, the session in which thisOrder was adopted was prorogued.
On March 3, 2010, when the present session began,the Special Committee was re-constituted andresumed its work. Since Orders of the House for the

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