CAnada’s Afghan Detainee Litigation

A resource for scholars, human rights lawyer and journalists

Detainee Case

Amnesty International Canada and British Columbia Civil Liberties Association v.
Chief of the Defence Staff for the Canadian Forces, Minister of National Defence and Attorney General of Canada, Court File Number T-324-07.
 

For the official Federal Court docket, click here.

 

APPLICANTS’ MATERIALS

Notice of Application

Affidavit of Yavar Hameed

Affidavit of Prof. Michael Byers, UBC

Affidavits of Alex Neve (first, second, third), Amnesty International Canada

                 Cross-examination of 12 September 2007

Affidavit of Murray Mollard, BC Civil Liberties Association

Affidavit of Dr. Vincent Iacopino

                 Cross-examination of 3 January 2008

 

CROWN’S MATERIALS

Affidavit of Colleen Swords, Department of Foreign Affairs

                 Cross-examination of 2 May 2007

Affidavit of Col. Steven Noonan, Canadian Forces

                 Cross-examination of 2 May 2007

Affidavit of Scott Proudfoot, Department of Foreign Affairs

                 Cross-examination and Exhibits of 11 July 2007

Affidavit of Kerry Buck, Department of Foreign Affairs

                 Cross-examination of 4 January 2008

Affidavit of BGen Joseph Paul Andre Deschamps, Canadian Forces

                 Cross-examination of 4 January 2008

Affidavit of David Connor, Correctional Service Canada

                 Cross-examination of 3 January 2008

Affidavit of Nicholas Gosselin, Department of Foreign Affairs

                 Cross-examination and Exhibits of 3 January 2008

                 Cross-examination of 21 January 2008

Report of Prof. Christopher Greenwood, London School of Economics

Notice of Motion to Strike (dismissed 5 November 2007 - see judgment)

 

FACTUMS & JUDGMENTS

Justice Kelen, 3 May 2007, adjourning injunction application sine die

Justice Mactavish, 5 November 2007, dismissing motion to strike and granting applicants’ standing (Applicants’ Factum and Crown’s Factum)

Motion on an interlocutory injunction to stop detainee transfers to a substantial risk of torture  (Applicants’ Factum and Crown’s Factum) - see also a selection of inspection reports from Afghan prisons pertaining to that hearing 

Motion on the questions of law on the applicability of the Charter of Rights and Freedoms to Canadian Forces detention and transfer operations in Afghanistan (Applicants’ Factum and Crown’s Factum)