In February, the Military Police Complaints Commission asked
me to prepare a study (as part of its public interest hearings on Afghan detainee transfers) reviewing and considering Amnesty International and the BC Civil Liberties Association's allegations that criminal law provisions found in the Geneva Conventions Act,the Crimes Against Humanity and War Crimes Act,
the Criminal Code, and the National Defence Act might apply to Canadian Forces (CF) commanders who ordered detainees in Afghanistan to be transferred to Afghan authorities. For the purposes of paper, I was to assume a hypothetical in which CF commanders may have continued to transfer detainees despite knowledge of a substantial risk of torture post-transfer.
The paper was entered into evidence at hearings on May 6, 2010 and is now considered in the public domain. Commission counsel has informed me that it may, therefore, be posted and distributed. I have posted it below. MPCC Research Report