OTTAWA - Human rights groups trying to stop the Canadian military's handover of Afghan detainees may have been given some unexpected ammunition by Stockwell Day.
The public safety minister's acknowledgment that Canadian correctional officers heard allegations of torture by Afghan officials appears to contradict one of the principal arguments federal lawyers will make in court Thursday.
A federal judge will be asked to grant an injunction, halting the transfer of captured Taliban fighters from the Canadian army to Afghan authorities.
The case comes as the Conservative government reels under the allegations of torture and abuse, which on Wednesday included accusations that Prime Minister Stephen Harper misled the Commons in his defence of Day's comments.
In their draft written response to the court action by Amnesty International and the B.C. Civil Liberties Union, Justice Department lawyers contend that claims of abuse within the Afghan prison system are based on "broad hearsay" statements in newspaper articles that have not been investigated or verified.
"Canadian officials have not received any notification of mistreatment or torture of detainees transferred from Canada to Afghan authorities," said the submission filed with the Federal Court on May 1 and obtained by The Canadian Press.
On Monday, Day told reporters that corrections officers had "talked to detainees about the possibility, if they were tortured or not. They've actually had a couple incidents where detainees said they were."'
But he was quick to point out the allegations had not been verified and was unable to say whether they had been investigated by Canadian or Afghan authorities.
Day was also unable to say whether the prisoners in question had been captured by Canadian, Afghan or NATO forces.
The assertion, contradicting earlier statements from the Conservative government, strengthens the case of human rights groups, a spokesman for Amnesty International said Wednesday.
"He bolstered the case that there has been a problem with torture in Afghan prisons," said spokesman John Tackaberry.
But a spokeswoman for Day, Melisa LeClerc, said the minister does not believe he has given a boost to the proponents of the injuction.
"Not at all; quite the contrary," she said.
If Day has undercut the government's case, it would be the latest in a series of missteps involving the abuse claims.
Since allegations surfaced that at least 30 detainees, captured by Canadians and turned over to Afghan authorities, might have been abused, the Conservatives have offered confusing and contradictory explanations.
Defence Minister Gordon O'Connor last Wednesday told a Commons committee that a deal has been struck to allow Canadian authorities access to captured prisoners. He was contradicted the next day by Harper and Afghanistan's ambassador to Canada, who both said the arrangement was still being negotiated.
Opposition parties were outraged that the oral report from corrections officers - obtained by Day last week - was not clearly laid before the Commons.
But both Day and Harper insist the Commons was informed, when on April 26, in response to a question, Day said: "Two of the individuals talked with them about their treatment there and our officers raised the issue of them being in leg irons; we don't think they should be in leg irons."
Harper rose in question period on Tuesday to defend Day, waving a written transcript of the minister's statement, though he didn't quote from it.
"The prime minister once again misled the house," Liberal Leader Stephane Dion said.
"He claimed the minister of public safety informed this house on April 26 of torture allegations received by Corrections Canada. That never happened."
International law experts have said Canada or NATO should take over responsibility for detainees, but the written brief filed by Justice Department lawyers at Federal Court said that's not possible.
"The (Canadian Force) does not have the infrastructure, training or personnel to maintain a detention facility in Afghanistan," said the document.
It warned that holding prisoners at the temporary facility, located at Kandahar Airfield, would give captured Taliban fighters the opportunity to plan escapes.
