[JURIST] The Canadian Military Police Complaints Commission (MPCC) [official website] decided [PDF text] Tuesday to move forward with a public hearing investigating the country's military detainee transfer process in Afghanistan despite a move from the Canadian Department of Justice [official website] to block the inquiry [JURIST report]. MPCC Chair Peter A. Tinsley, issuing the decision pursuant to the National Defence Act [250.38 text], rejected the government's arguments that the MPCC's reach is limited to military policing issues and thus lacks jurisdiction to conduct the investigations that involve military operational decisions regarding detainee treatment:

I find, based on principles of statutory interpretation, that the Complaints Commission has jurisdiction over the second Detainee Complaint pursuant to section 250.18(1) of the National Defence Act and section 2 of the Complaints About the Conduct of Members of the Military Police Regulations (the “Conduct Regulations”). The allegations relate to the policing duties and functions of the military police, which includes “custody”. This interpretation is consistent with the purpose of the provisions establishing the Complaints Commission, which is to provide independent oversight of the conduct of members of the military police when engaged in policing duties or functions. The Attorney General's interpretation, if accepted, would significantly restrict, and perhaps eliminate, the scope of review by the Complaints Commission of essentially all military police conduct, without regard to the clear language and purpose of the Act. This is not consistent with the legislative purpose of the Act.