The apparent rebuke of Military Police Complaints Commission (MPCC) chairman Glenn Stannard comes at the end of a ministerial letter in which MacKay rejects a request to release key documents to the inquiry.
The defence minister was under fire in the House of Commons last week for refusing to waive his solicitor-client confidentiality and release military police papers.
In his letter to Stannard, MacKay reiterates that Supreme Court of Canada rulings forbid him from waiving the privilege all clients enjoy in their dealings with lawyers.
In his publicly released request sent to MacKay early last week, Stannard asked for limited access to documents that are directly related to the Langridge case but were written after military police detectives had consulted defence department lawyers.
Stannard, in effect, told MacKay his reading of the Supreme Court rulings was wrong and that the ‘client’ in any solicitor-client dealing still maintains the absolute right to waive privilege.
MacKay is officially the ‘client’ in dealings between DND lawyers and other military employees.
“The government of Canada remains committed to the MPCC to the fullest extent possible,” says MacKay, but telling Stannard to communicate through federal lawyers next time he wants to contact him.
“I would ask that in future any communication on substantive issues pertaining to the hearing be done through (government) counsel,” writes the minister.
A spokesman for Stannard refused to comment on the letter but said the MPCC chairman would discuss the matter in public session.
MacKay’s spokesman did not respond to a Citizen request for comment.
Commission lead lawyer Mark Freiman says the documents are vital to the commission’s work.
“They are right at the centre of the issues this commission has to grapple with,” he said.
Stannard now has to decide whether to seek a ruling from the Federal Court, a process he told MacKay could be lengthy and expensive and prolong the Langridge hearing.
The troubled Afghan veteran hanged himself in March 2004 at CFB Edmonton shortly after being ordered back to base at the end of 30-days psychiatric treatment.
Langridge’s parents Shaun and Sheila Fynes claim that three investigations by the military’s National Investigation Service (NIS) were flawed and deliberately biased in favour of the military.
The inquiry continues Monday and adjourns later this week for the summer. It resumes in the fall when NIS officers, who are subjects of the Fynes complaints, will appear.
Original Article
Source: ottawa citizen
Author: Chris Cobb
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