The federal government is trying to stop a public hearing by the Military Police Complaints Commission into the handling of detainees in Afghanistan, saying it has no jurisdiction in the matter.

In papers filed in Federal Court, government lawyers argue the issue never should have gone as far as it has with the MPCC.

"In a spirit of co-operation, the government did not challenge the jurisdiction of the MPCC to investigate," the Justice Department said in its Federal Court filing, according to the Globe and Mail.

"This should have given the commission the opportunity to satisfy itself that the … complaint should be dismissed either because it lacked merit or because the commission has no jurisdiction to investigate it," the department states.

At a news conference in Winnipeg on Monday, Prime Minister Stephen Harper said government lawyers have advised him that the commission is acting outside its jurisdiction.

"So we're going to court on that jurisdictional question," he said. "Our government always operates within the law and according to the legal advice of our legal officials."

Decision blasted in House

The government's judicial review of the matter was blasted Monday in the House of Commons, with opposition MPs alleging a lack of transparency and suggesting the government has something to hide.

Defence Minister Peter MacKay responded to the barrage of questions, defending the government's participation in the probe so far and stressing that the judicial review is only into the jurisdiction over public hearings.

He said there has been a "tremendous amount of transparency" and participation with the commission, listing 17 technical briefings, 20 appearances before committees and the two debates in the House of Commons.

"We've co-operated thus far for the disclosures, we don't believe that this is within the jurisdiction of the commissioner and for that reason, we'll hear from the court on the matter of jurisdiction."

He said the government is "seeking a judicial clarification of whether such a hearing would fall within the commission's mandate."

The MPCC was established by the government as a quasi-judicial, independent civilian agency to investigate complaints about the military police.

As well, it hears complaints from military police officers who allege that senior government officials have interfered with a police investigation.

Amnesty International Canada and the B.C. Civil Liberties Association filed a complaint last year with the MPCC, saying Canada is violating the Geneva Conventions by not preventing the beating and torture of detainees it hands over to Afghan authorities.

The MPCC launched an investigation. But last month, Peter Tinsley, the chair of the commission, said the lack of co-operation by the government had forced him to call a public interest hearing into the issue.

Tinsley said the government was refusing to provide the commission with full access to relevant documents and information. He said an inquiry was needed because it will give him subpoena power to get the documents.

Government lawyers argue the handling of detainees is a military operation — not a policing issue.

But Amnesty International's Alex Neve said it is appropriate for the commission to investigate.

"The military police are involved in the detention and transfer of prisoners, they do so in their police capacity," he said.

He added that the government had indicated it would co-operate.

"So how can it be, one year later now, they change their mind and turn around and say they will contest this? It simply isn't right."

Amnesty International Canada and the B.C. Civil Liberties Association recently lost a court bid for an injunction to stop Canadian troops from transferring prisoners to Afghan authorities.

In February, the Canadian military announced it has resumed the transfer of detainees to Afghan officials after a suspension of the practice following allegations of abuse.