The acting commander of Canada's military effort in Afghanistan made the decision months ago to end the practice of Canadian troops handing over detainees to Afghan authorities, Federal Court heard Thursday.

Brig.-Gen. Andre Deschamps confirmed to Federal Court Justice Anne Mactavish what was reported a day earlier — that the transfers ended the day after a Nov. 5 prison visit found evidence of torture.

Deschamps, who was the first witness to testify at the court in Ottawa as human-rights groups seek an injunction against the transfers, said the decision was made by Col. Christian Juneau.

He said Juneau took action after Canadian officials heard stories of abuse from prisoners being held in a Kandahar prison. He added that no prisoners have been transferred since that prison visit.

Amnesty International Canada and the British Columbia Civil Liberties Association have joined forces to take the federal government to court.

They argue that the Charter of Rights and Freedoms bars Canadian Forces operating abroad from transferring prisoners of war to custody in which they could be tortured. They are suing the minister of national defence, the chief of defence staff and the attorney general of Canada.

The change in policy was disclosed after the groups received a letter dated Jan. 22 from a federal justice department lawyer that said Canadian troops had stopped handing over detainees months ago.

In court on Thursday, Paul Champ, the lawyer for Amnesty International Canada and the B.C. Civil Liberties Association, asked why the government did not tell Canadians about the policy change, or the status of the detainees.

But defence lawyers repeatedly claimed National Defence Act protections.

"We are venturing into the area of military strategy — of military operations," said federal lawyer J. Sanderson Graham.

"That's not appropriate."

Champ also argued the judge should grant an injunction blocking any more transfers because there's now proof detainees are being tortured.

He said that because the military stopped transferring prisoners months ago and never told anyone, it could start up again at any time and no one would know.

But lawyers for the federal government countered that since the military has stopped transferring prisoners, an injunction is a moot point.

Meanwhile, Liberal Leader Stéphane Dion said the government's revelations show that it cannot be trusted.

"If they are unable to come clean on an issue like torture, when [will they] be honest with Canadians? How can we believe this government?"

Speaking from Vancouver, NDP Leader Jack Layton said he feels like Canadians have been deceived.

"When a government starts to lie to its own people about a war, you've got a very, very big problem."

The government has denied allegations of a coverup, saying it was up to the Canadian army to disclose matters related to military operations.  

"The military make decisions each and every day based on what is happening in theatre," Sandra Buckler, Harper's communications director, said in an e-mail to the Canadian Press.

"Concerning the matter of detainees, the number of detainees, if they are being transferred or not, these are all operational matters and are the responsibility of the Canadian Forces."

The agreement signed last year with the Afghan government is still in place, she wrote.

"I would close with the fact that Minister Bernier proactively disclosed, in the House of Commons, the one case that caused Canada's monitoring team concern," Buckler wrote.

With files from the Canadian Press