Special Forum on the Canadian Mission in Afghanistan (February 2010): Court Judgments and Orders regarding Detainee Transfer in Afghanistan

Document Type

Article

Publication Date

2-2010

Abstract

Amnesty International Canada and the BC Civil Liberties Association have been to court eight times in relation to their efforts to seek legal accountability for Canadian government, and Canadian officials’, policy and practice of detainee transfer in Afghanistan.

The first line of court proceedings stem from a 2007 application by Amnesty and BCCLA for judicial review of Canada’s detainee transfer policy and practice under the Canadian Charter of Rights and Freedoms. The Federal Court dismissed the application on the basis of a finding that the Charter did not apply to Canada’s conduct in Afghanistan; this dismissal was affirmed on appeal by the Federal Court of Appeal, and (three judges of) the Supreme Court of Canada subsequently denied leave to appeal from the Federal Court of Appeal judgment. The BCCLA maintains a comprehensive archive of documents related to the Charter case.

The second line of court proceedings stems from a 2007 complaint filed by Amnesty and BCCLA to the Military Police Complaints Commission (MPCC), a body established after the Somalia Inquiry into the torture-murder of Shidane Arone by members of the Canadian Armed Forces in Somalia. These proceedings are ongoing, with many bumps along the road. An archive of documents, including the original complaint and rulings from the MPCC, can be found elsewhere on the Nathanson site.

Links to both the online and the PDF versions of the court orders and judgments in these eight proceedings can be found below. The orders and judgments appear in chronological order.

Charter of Rights Proceedings

  • Amnesty International Canada and British Columbia Civil Liberties Association v. Chief of the Defence Staff for the Canadian Forces, Minister of National Defence, and Attorney General of Canada [ Amnesty International Canada v. Canada (Canadian Forces)], 2007 FC 1147 (CanLII) Mactavish J. – Grant of public interest standing to Amnesty International Canada and BC Civil Liberties Association
    Web version of 2007 FC 1147

  • Amnesty International Canada v. Canada (Canadian Forces)], 2008 FC 162 (CanLII) (Mactavish J.) — Dismissal of Application for Interlocutory Injunction, February 7, 2008
    Web version of 2008 FC 162

  • Amnesty International Canada et al. v. Canada (Canadian Forces), 2008 FC 336 (CanLII), Mactavish J. — Dismissal of Application for Judicial Review of Canadian Conduct in Afghanistan, March 12, 2008
    Web version of 2008 FC 336

  • Amnesty International Canada v. Canada (Canadian Forces), 2008 FCA 257 (CanLII), Ryer J.A. — Reasons for Order and Order of September 10, 2008 (Refusal of Application of Leave to Intervene by the University of Toronto International Human Rights Clinic)
    Web version of 2008 FCA 257

  • Amnesty International Canada v. Canada (Canadian Forces), 2008 FCA 401 (CanLII) Federal Court of Appeal (Richard CJ, Desjardins and Noël JJA) – December 17, 2008, Dismissal of Appeal of Federal Court (Mactavish J.) dismissal of application for judicial review
    Web Version of 2008 FCA 401

  • Amnesty International Canada and British Columbia Civil Liberties Association v. Chief of the Defence Staff for the Canadian Forces, Minister of National Defence and Attorney General of Canada, 2009 CanLII 25563 (S.C.C.) – May 21, 2009, Dismissal of Application for Leave to Appeal F.C.A. Judgment by Panel of Supreme Court of Canada (MacLachlin CJ, Abella and Rothstein JJ)
    Web version of 2009 CanLII 25563 (SCC)

Court Orders and Reasons for Orders in relation to the MPCC Afghanistan Hearings

  • Attorney General of Canada v. Amnesty International Canada and British Columbia Civil Liberties Union [Attorney General and Canada v. Amnesty International Canada], 2009 FC 426 (CanLII), Mactavish J. — Reasons for Order and Order, April 28, 2009 — Refusal of Government Motion to Stay MPCC Proceedings
    Web version of 2009 FC 426

  • Canada (Attorney General) v. Amnesty International Canada, 2009 FC 918 (CanLII), Harrington J. – Order of September 16, 2009, Granting Government’s Application for Judicial Review of Aspects of MPCC Jurisdiction
    Web version of 2009 FC 918

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