A prisoner leans against the entrance to the wing where political prisoners are kept at Sarposa prison in Kandhar city, in this 2009 file photo.

A prisoner leans against the entrance to the wing where political prisoners are kept at Sarposa prison in Kandhar city, in this 2009 file photo.
Photo Credit: PC / DENE MOORE

New directives prevent Canadian government from using or sharing information gained by torture

The government of Prime Minister Justin Trudeau has issued new directives that restrict Canadian soldiers, diplomats and the country’s electronic spy agency from using or sharing information gained under torture.

The Liberal government, however, has made an exception in cases when the information is “absolutely necessary to prevent loss of life or significant personal injury” and that the person involved is “someone is about to commit a terrorist act,” according to the documents released Thursday.

The latest ministerial directives issued by Defence Minister Harjit Sajjan and Foreign Affairs Minister Chrystia Freeland complement similar directives issued in September by Public Safety and Emergency Preparedness Minister Ralph Goodale to the Royal Canadian Mounted Police, the Canadian Security Intelligence Service, Canada’s domestic spy agency, and to the Canadian Border Services Agency.

“The Government of Canada unequivocally condemns in the strongest possible terms the mistreatment of any individual by anyone for any purpose,” Sajjan said.

“Torture is a criminal offence, and is contrary to the Canadian Charter of Rights and Freedoms and prohibited by international law. Our government works for Canadians, who expect us to be diligent and careful in preventing complicity in mistreatment when conducting our intelligence and defence operations.”

Maher Arar listens to a question at a press conference in Ottawa on Dec. 12, 2006. Arar, a Syrian-born Canadian, was detained in New York in September 2002 and shipped overseas soon after by U.S. authorities - winding up in a dungeon-like Damascus prison cell. Under torture, he gave false confessions to Syrian military intelligence officers about involvement with al-Qaida.
Maher Arar listens to a question at a press conference in Ottawa on Dec. 12, 2006. Arar, a Syrian-born Canadian, was detained in New York in September 2002 and shipped overseas soon after by U.S. authorities – winding up in a dungeon-like Damascus prison cell. Under torture, he gave false confessions to Syrian military intelligence officers about involvement with al-Qaida. © PC/Tom Hanson

The Canadian agencies are prohibited from sharing information with a foreign entity, such as a military, intelligence service or law enforcement agency when there is a “substantial risk of mistreatment of any individual by a foreign entity.”

Sajjan and Freeland said in a statement that the decisions about how the Communications Security Establishment (CSE), the Canadian Armed Forces and Global Affairs Canada use and share the information will be subject to review.

The new rules direct the government agencies to produce classified annual reports for review by ministers in charge who will in turn share some of the findings with the National Security and Intelligence Committee of Parliamentarians.

Unclassified versions of the reports will also be released to the public.

The directives also require the military and the foreign service to advise other government agencies and their respective ministers immediately if another country “is engaging in, or contributing to, mistreatment.”

The new order covers information that is shared among the so-called Five Eyes intelligence agencies, which included Canada, U.S., Britain, Australia and New Zealand.

With files from CBC News

Categories: International, Politics
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