Wednesday, February 12, 2003

OTTAWA - Today, at a hearing of the ad hoc "MPs on Access Committee" on Parliament Hill headed by Liberal MP John Bryden, the Open Government
Canada (OGC) coalition criticized flaws the federal government's Access to Information Review Task Force report and called for much stronger reforms to the federal Access to Information Act (ATI Act) and access system to be implemented as soon as possible.  The OGC submitted its position paper on the access law and system to the Committee.  (Link to OGC's July 2001 Position Paper)

"The current federal access to information system actually encourages secretive and unaccountable behaviour by Cabinet ministers and public officials," said Duff Conacher, a member of the OGC Steering Committee, and Coordinator of Democracy Watch, who testified on behalf of OGC at the hearing. "The federal government should stop delaying changing the law in ways needed to end the culture of secrecy that threatens our democracy."

The Access to Information Task Force's report, which sets out 139 detailed recommendations, did include the following positive general proposals:

1. any document created by any organization that receives funding from or is connected to the government, or fulfills public interest functions, should be covered by the access law (as in Britain);
2. the government should establish a clear and comprehensive information management policy and system, including clear powers for access officials and training for all public servants (as in the U.S., Britain and Australia), and;
3. funding to the access to information system should be increased.

1. all exemptions under the ATI Act should be discretionary, and limited by a proof of harm test and a public interest override (in contrast, the Task Force overall recommended expansion of the exemptions, including allowing an information request to be denied if the government feels it is a frivilous or vexatious request);
2. the Information Commissioner should be given explicit powers to order the release of a record (as in B.C., Alberta and Ontario), and to penalize violators of the ATI Act and to require systemic changes in government departments to improve compliance (the Task Force recommended some increase in the Commissioner's powers, but not in key areas);
3. a whistleblower protection law should be passed creating an office that whistleblowers can complain to about wrongdoing and that can provide protection from retaliation (as in several U.S. states);
4. penalties should be created for unjustifiable delays in responses to information requests; and
5. fees for access should be lower overall, and standardized across the government (in contrast, the Task Force recommended increases in fees).

"John Bryden and the other MPs on the Committee are defending the public interest by challenging the federal government's delay on changing
access law and system," said Conacher.  "Open Government Canada applauds their efforts to force action on the many problems with access to information in the federal government."

Open Government Canada is a nation-wide coalition of non-profit groups fighting government secrecy and pushing for greater access to public
information.  OGC groups represent citizens, journalists, librarians and lawyers.