To prove the point, one of the "usual suspects from the usual media sources ".
Toronto Star 10 Mar 10:
http://www.thestar.com/opinion/article/777471--walkom-frank-iacobucci-s-appointment-diminishes-parliamentWalkom: Frank Iacobucci's appointment diminishes ParliamentPublished On Wed Mar 10 2010Email Print Republish Add to Favourites Report an error
By Thomas Walkom
National Affairs Columnist
Politically, Ottawa's decision to hand off the Afghan prisoner scandal to retired Supreme Court Justice Frank Iacobucci serves both Stephen Harper's Conservatives and Michael Ignatieff's Liberals.
Constitutionally, however, it is a disaster. It flies in the face of the bedrock Canadian principle that cabinet is responsible to Parliament and that a government – any government – must accede to the wishes of a majority of elected MPs.
Instead, it brings to the mix a peculiarly American notion, one that sees the executive and legislature as co-equals which, when they are deadlocked, must appeal to a judicial referee.
In this case, the referee is a former judge who – in the end – will merely make recommendations to government in a bitter dispute over Harper's refusal to give MPs documents that they have demanded.
But first, the politics.
For Harper, the advantages of the Iacobucci gambit are obvious. Politically, the imbroglio over Afghan prisoners has turned into a disaster for his Conservatives.
Ottawa's insistence that nothing untoward happened to Canadian-captured prisoners after they were handed over to Afghan authorities has been countered by its own diplomats and by the Red Cross.
Even Canada's top military brass is now trying to distance itself from the government's blanket denials.
Over the weekend, The Canadian Press reported that, in some cases, agents from the Canadian Security Intelligence Service recommended which prisoners should be handed over to the Afghans for possible torture.
In short, Canadian involvement in the mistreatment of Afghan prisoners may have been more deliberate than previously thought.
The government has tried everything to prevent any of this from coming to light. It stonewalled a quasi-judicial inquiry, publicly slagged one of its own diplomats, refused Commons demands to hand over documents to a parliamentary committee, accused critics of treason and finally suspended Parliament itself.
Last Friday, with the issue still refusing to die, it played the Iacobucci card – presumably under the hope that by the time the former judge reports the Afghan torture issue will have finally gone away.
For the Liberals, too, Iacobucci's appointment provides a respite. Scarborough Liberal MP Derek Lee had planned to bring the confrontation between government and Commons to a head Friday through a procedural manoeuvre that would have formally declared Harper in contempt of Parliament.
But this could have precipitated an immediate election, which low-in-the-polls Ignatieff is desperate to avoid.
Friday's Iacobucci announcement gave Lee the opportunity to back out gracefully and saved the Liberals from forcing an election they are too fearful to fight.
(For Ignatieff, this may a short-lived victory. Buoyed by an improving economy and backed by a feel-good budget, Harper could still call an early election.)
However, for Canadian democracy, all of this is terrible news. Here, there are few checks on the power of government. But the main one is that, within the broad confines of the Constitution, cabinet must do what elected MPs want.
If a majority of MPs want a bill passed, that bill becomes law. If, as in the Afghan prisoner case, a majority of MPs want to see government documents, these documents must be produced. In a parliamentary democracy, there is little executive privilege because the executive, in effect, serves at the pleasure of the Commons.
As for Iacobucci, he's no patsy. But that's not the point.
The point is that there is no room for a judge, retired or otherwise, in this fight. A firm majority of elected MPs, representing a solid majority of Canadians have demanded documents. Constitutionally, the government has no choice but to produce them.
And the link MarkOttawa posted said:
God help me these people are morons
I know no one writing or commenting publicly on the Afghan detainee issue these days reads this page, but they all seem so determined to crank up the stupid on this that I feel compelled to do what little I can to offset it.
Case in point today: the Star's Thomas Walkom.
Over the weekend, The Canadian Press reported that, in some cases, agents from the Canadian Security Intelligence Service recommended which prisoners should be handed over to the Afghans for possible torture.
There is no way to sugar coat this. That is not what the CP story actually said happened. That sentence is pure fiction. There is nothing remotely defensible about it. Clear enough?