Questions and responses 40th Parliament, 2nd session January 26, 2009, to December 30, 2009

With regard to the withholding of information by the government under section 38 of the Evidence Act for reasons of national security: (a) what criteria or guidelines are used to determine whether a piece of information would have an impact on national security; (b) how does the government define “impact on national security”; (c) who in the government is responsible for determining which pieces of information will be subject to section 38; (d) do the Ministers of Justice, National Defence or Foreign Affairs or the Prime Minister or their offices have an input on what information will be withheld on national security grounds; (e) what role does the Department of Justice play in redacting or suppressing information under Section 38 of the Evidence Act; (f) what role does the Privy Council Office play in reviewing or further redacting information that could have an impact on national security; (g) what role does the Prime Minister’s Office play in the decision to withhold information on national security grounds; and (h) what role does the Prime Minister’s Office play in reviewing or further redacting information judged to be a risk to national security?

With regard to Afghan detainees: (a) when did the Department of Foreign Affairs and the Department of National Defence receive each of the following documents: KANDH-0029, KANDH-0032, KBGR-0118, KBGR-0121, KBGR-0160, KBGR-0258, KBGR-0263, KBGR-0265, KBGR-0267, KBGR-0269, KGBR-0271, KBGR-0274, KBGR-0275, KBGR-0291, KBGR-0292, KBGR-0302 and KBGR-0321; (b) what actions were taken or instructions given in response to these documents; (c) did the offices of the Minister of Foreign Affairs and the Minister of National Defence receive copies of each of the listed documents and, if so, when; (d) what actions were taken or instructions given by the offices of the Minister of Foreign Affairs and the Minister of National Defence in response to these documents; (e) were briefing notes prepared or was a briefing given for either Minister with regards to these documents and, if so, when; (f) did the Office of the Prime Minister or the Privy Council Office receive copies of these documents and, if so, when; and (g) were briefing notes prepared, or was a briefing given to the Prime Minister regarding the documents and, if so, when?