OTTAWA - Parliament's right to know has trumped the government's right to keep national security secrets in a historic ruling by the Speaker of the House of Commons.
However, Peter Milliken has given both sides two weeks to reach a compromise, setting the stage for critical backstage negotiations aimed at avoiding an ugly parliamentary showdown, a potential court battle, or even an election.
Milliken sided Tuesday with opposition parties in concluding that MPs have unlimited power to demand the release of all uncensored documents related to the alleged torture of Afghan detainees. He said that power is absolute and goes to "the very foundations upon which our parliamentary system is built."
And he said it applies even to sensitive information the government fears could jeopardize national security, the lives of Canadian troops in Afghanistan and Canada's international relations.
"No exceptions are made for any category of government documents, even those related to national security," Milliken told the Commons in his eagerly anticipated ruling.
He then softened the blow, putting off any immediate consequences of his ruling. He gave the government two weeks to work out a deal with the opposition parties, in which MPs would get access to the documents they've been demanding for five months while protecting the confidentiality of the most sensitive information.
"The fact remains that the House and government have, essentially, an unbroken record of some 140 years of collaboration and accommodation in cases of this kind," Milliken said.
"It seems to me that it would be a signal failure for us to see that record shattered in the third session of the 40th Parliament because we lacked the will or the wit to find a solution to this impasse."
If there is no resolution in two weeks, Milliken would then decide which of several opposition motions would be put to a vote in the House.
One motion, jointly drafted by the NDP and Bloc Quebecois, could trigger a contempt of Parliament finding against Defence Minister Peter MacKay, Foreign Affairs Minister Lawrence Cannon and Justice Minister Rob Nicholson. Theoretically, that could result in a kind of house arrest for the three ministers.
Liberal MP Derek Lee has drafted a motion which would affirm Parliament's right to see the documents and set out a mechanism for protecting sensitive information, without finding anyone in contempt. It is considerably toned down from his original proposal for a motion instructing the Commons sergeant-at-arms to seize the documents.
The Harper government could choose to make any motion a confidence matter, potentially provoking an election. Or it could take the matter to court.
"In view of the grave circumstances of the current impasse, the chair believes that the House ought to make one further effort to arrive at an interest-based solution to this thorny question," Milliken said.
Nicholson welcomed the possibility of compromise but suggested the government will stick to a hard line on national security.
"Our government will not knowingly break the laws that were written and passed by Parliament," he said. "Our government will not compromise Canada's national security, nor will it jeopardize the lives of our men and women in uniform."
"That being said, we welcome the possibility of a compromise while respecting our legal obligations as acknowledged by the Speaker."
Opposition leaders claimed Milliken's ruling as a triumph for the supremacy of Parliament.
"Today the Speaker has issued a serious reminder to the prime minister that he is not a king," declared NDP Leader Jack Layton.
"His refusal to respect the will of Parliament is a serious abuse of power and today it is absolutely clear that it will not be tolerated."
Liberal Leader Michael Ignatieff touted the ruling as "a clear victory for Parliament, for the people of Canada, for democracy and a clear defeat for the Conservative government."
Since Dec. 10, when the Commons passed a motion ordering the government to produce the detainee documents, the government has released several massive collections of heavily censored material. It has also appointed former Supreme Court justice Frank Iacobucci to determine which documents can be safely disclosed without hurting national security.
However, Milliken ruled the government can't, on its own or on the advice of someone appointed by it, determine what information Parliament may see.
Among other things, he suggested an independent arbiter agreed upon by both sides might resolve the impasse. Alternatively, MPs could meet in camera to review the documents and take oaths of secrecy - as happens in some other countries.
The Speaker chided both sides for the breakdown in trust that has created the standoff over the detainee documents. He said he finds "troubling" the government's contention that MPs can't be trusted with sensitive information.
But he also found "singularly unhelpful" the opposition's charge that the government is hiding documents that would reveal it turned a blind eye to allegations that detainees were routinely tortured by Afghan authorities after being handed over by Canadian soldiers.
In effect, Milliken urged both sides to grow up.
"Is it possible for the two sides, working together in the best interests of the Canadians they serve, to devise a means where both their concerns are met? Surely that is not too much to hope for."
