Author Topic: Release soldier suicide documents or face Federal Court chairman tells MacKay  (Read 2077 times)

0 Members and 1 Guest are viewing this topic.

Canadian_Vet

  • Administrator
  • Hero Member
  • **********
  • Posts: 1546
    • View Profile
    • Canadian Veterans Advocacy
Release soldier suicide documents or face Federal Court challenge, inquiry chairman tells MacKay

By Chris Cobb, The Ottawa Citizen June 18, 2012

Read more: http://www.ottawacitizen.com/news/Release+soldier+suicide+documents+face+Federal+Court+challenge+inquiry+chairman+tells+MacKay/6802146/story.html#ixzz1yD8iSDFd


Military Police Complaints Commission chairman Glenn Stannard said Monday he has written to Defence Minister Peter MacKay urging him to take a ‘common sense approach’ and release documents related to the 2008 suicide of Cpl. Stuart Langridge. Stannard warned MacKay that if he doesn’t waive his right to solicitor-client confidentiality in the case, it would lead to a challenge to the Federal Court.

OTTAWA — The standoff between Defence Minister Peter MacKay and the military inquiry probing the suicide of an Afghan war veteran grew more bitter Monday as the inquiry’s chairman questioned MacKay’s right to withhold and censor documents.

Following weeks of wrangling, Military Police Complaints Commission chairman Glenn Stannard wrote to MacKay late Monday afternoon urging him to take a “common sense approach” and release documents related to the 2008 suicide of Cpl. Stuart Langridge.

In his letter, Stannard tells the defence minister he was wrong when he told the House of Commons last week that Supreme Court of Canada decisions leave him no choice but to keep certain documents from the Commission.

“I believe there is no question that the law, including the applicable Supreme Court of Canada jurisprudence, authorizes you … to waive the privilege either on a blanket basis or with respect to specifically identified communications,” writes Stannard.

“The waiver being sought is not global or blanket waiver,” he says, “but rather a limited waiver restricted to specific communications that lie at the heart of the subject matter that the (hearing) is meant to investigate.”

He also warns MacKay that if he doesn’t waive his right to solicitor-client confidentiality in the case, it would lead to a challenge to the Federal Court, which would mean “enormous expense and significant delay.”






Read more: http://www.ottawacitizen.com/news/Release+soldier+suicide+documents+face+Federal+Court+challenge+inquiry+chairman+tells+MacKay/6802146/story.html#ixzz1yD8xGkAp




Canadian Veterans Advocacy - One Veteran One Standard

Web Site: http://www.canadianveteransadvocacy.com/index.html

Main FaceBook Group: https://www.facebook.com/groups/CdnVetsAdvocacy/

Main FaceBook Page: https://www.facebook.com/CanadianVeteransAdvocacy


CVA_Posting

  • Administrator
  • Hero Member
  • **********
  • Posts: 536
    • View Profile
    • Canadian Veterans Advocacy
‘Disappointed’ inquiry head won’t challenge MacKay key documents
« Reply #1 on: June 27, 2012, 10:58:18 PM »
‘Disappointed’ inquiry head won’t challenge MacKay key documents

By Chris Cobb June 27, 2012

http://www.ottawacitizen.com/business/Disappointed+inquiry+head+challenge+MacKay+documents/6848679/story.html


Military inquiry chairman Glenn Stannard announced Wednesday that he would wait to see how the questioning of the police witnesses unfolds in the fall before making a final decision. on whether to launch a court challenge against Defence Minister Peter MacKay
Photograph by: JULIE OLIVER , OTTAWA CITIZEN

OTTAWA — The head of a federal inquiry probing the suicide of Afghan war veteran Stuart Langridge says he won’t immediately challenge Defence Minister Peter MacKay in Federal Court over his refusal to hand over key documents.

MacKay refused a request by Military Police Complaints Commission chairman Glenn Stannard to waive solicitor-client privilege in the Langridge case and provide the inquiry with the documents.

“While I’m disappointed with this response by Minister MacKay I continue to respect his position of authority,” said Stannard and his undoubted prerogative to exercise his discretion with respect to any request to waive privilege.”

The documents Stannard is seeking are expected to be key when the Langridge hearing resumes in September with testimony from a dozen officers from the National Investigation Service (NIS).

The documents were written after NIS officers had consulted Defence Department lawyers.

MacKay is officially the ‘client’ in the solicitor-client relationship but there is a dispute as to whether he has the right to waive that privilege of confidentiality.

MacKay says he doesn’t. Stannard and MMPCC lawyers says he does.

Stannard announced Wednesday that he would wait to see how the questioning of the police witnesses unfolds in the fall before making a final decision.

In the meantime, he urged lawyers involved in the case to reach a compromise to avoid the time consuming and expensive Federal Court hearing.

MacKay was under fire in the House of Commons throughout last week for refusing to waive his solicitor-client confidentiality and allow the release military police papers.

The defence minister said he was bound by Supreme Court rulings but Stannard, in effect, said his reading of the those rulings was wrong and that the ‘client’ in any solicitor-client dealing still maintains the absolute right to waive privilege.

ccobb@ottawacitizen.com
© Copyright (c) The Ottawa Citizen