INJUNCTIONS
Motion for interlocutory injunction prohibiting respondents from transferring detainees captured by Canadian Forces to Afghan authorities, or to custody of any other country, pending final disposition of application for judicial review—Transfer of detainees by Canadian Forces ceased at least temporarily—Applicants not demonstrating irreparable harm will likely result unless injunction granted given uncertainty surrounding future resumption of transfers—Evidence adduced by applicants creating serious concerns as to efficacy of safeguards put in place thus far to protect detainees transferred into custody of Afghan prison officials by Canadian Forces—Also unknown what safeguards to ensure detainees not exposed to substantial risk of torture will be implemented—Motion dismissed.
Amnesty International Canada v. Canada (Armed Forces) (T-324-07, 2008 FC 162, MacTavish J., order dated February 7, 2008, 35 pp.)