OTTAWA — Ottawa and the lawyer for diplomat-whistleblower Richard Colvin are locked in a war of words over the release of a letter that federal lawyers say contained privileged information.
Owen Rees, Colvin's Toronto-based attorney, filed a submission with the Military Police Complaints Commission on Friday that accuses Justice Department lawyers of failing to present all of the facts in the dispute.
The disagreement follows recent criticism of the federal government for holding back on paying the diplomat's legal bills, though the money eventually came through.
Last October, a letter was filed with the police commission, which is investigating what military cops knew or should have known about the alleged torture of prisoners in Afghan jails.
The letter, written by Colvin's former lawyer Lori Bokenfohr, suggested the federal government was trying to intimidate witnesses being interviewed by the police commission.
She quoted from a July 27, 2009, document sent to her client. The note from federal lawyers to all government witnesses stated their professional "reputations" could be on the line if they co-operated with commission interviewers who were described as "interrogators."
Government lawyers say the note was privileged and meant only for clients represented by the Justice Department.
Alain Prefontaine, the government's lead counsel, complained to the commission that in quoting from the document, Bokenfohr breached solicitor-client privilege. He said she had no authority to file it with the military watchdog agency.
Bokenfohr's intimidation complaints also ended up in public when the document was leaked to The Canadian Press.
Colvin's new attorney said in a submission Friday that the commission deserved to see the letter because it represents "an effort by the Government of Canada to discourage subjects and witnesses summoned by the Commission from participating in pre-hearing interviews."
Rees said it's "evidence of interference with the integrity" of the commission.
He also wrote that the government cherry-picked information to bolster its complaint, omitting key facts - such as Colvin notifying his supervisors at the Foreign Affairs Department that he intended to hire his own lawyer.
A copy of Rees' submission was obtained by The Canadian Press.
The police commission investigation is currently on hold, awaiting the federal government's appointment of a chairman. Public hearings into a complaint by two human-rights groups are expected to resume March 22.
The watchdog agency has fought a pitched battle with the federal government to investigate claims that the military should have known about possible torture.
Federal lawyers challenged the commission's jurisdiction in court and won a ruling that limits the agency's investigation.
Opposition parties accused the government of derailing the commission's investigation and decided to hold their own Parliamentary hearings.
It was before one of those meetings last November that Colvin testified he warned federal officials and military commanders about torture in Afghan jails, but was ignored.
Generals, senior federal officials and cabinet ministers denied the charges.
Colvin also claimed nearly all prisoners captured by Canadian troops in 2006 and 2007 were tortured by the Afghan intelligence service - something the government also disputed.
Source:AFP
No comments:
Post a Comment