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Freedom of Information

Explore the trends, strategies of resistance, and implications of Freedom of Information (FOI) in government. Examine the context of the Sponsorship Scandal and the Gomery Recommendations. Discuss the need for mandatory record-keeping, amendments to the ATIA, and expanding the coverage of the act.

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Freedom of Information

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  1. Freedom of Information Promise and Perils (Cont’d) March 30th, 2006

  2. Trends – mid-1990s and early 2000s • trends • slower processing times • more exempted material • more complaints • possible explanations? • change in the way government “does business” • costs • government counter-attack against FOI

  3. Freedom of Information • basic description of the FOI regime • FOI and the context of the Sponsorship Scandal • FOI and the Gomery Recommendations

  4. Strategies of Resistance • malicious non-compliance • adversarialism • amberlighting • disclosure of identities of requestors • pressure on ATIA officials • problems in record-keeping • “...federal institutions have developed techniques for managing politically sensitive requests which now undercut basic principles of the ATIA.” Alasdair Roberts, Gomery, Vol.2, 117.

  5. Adversarialism – Problems in Record-Keeping • “The management culture has changed dramatically over the past 20 years from solid record-keeping, accountability and dedication to the public service and loyalty according to our oath of office to Canada, to avoidance of record-keeping and accountability, and dedication of loyalty to the individuals who appointed you and can promote you.” Former Public Servant quoted in Gomery, Recommendations, 35. • “Don’t write it if you can say it. Don’t say it if you can nod.” • “We kept minimum information on the file in case of an access to information request.” Chuck Guite Testimony to Pubic Accounts Committe, April 2004

  6. Explaining Government Resistance • media use of ATIA • more expert • more aggressive • more frequent/visible • example – uncovering the Sponsorship Scandal • Daniel Leblanc (Globe and Mail) • first ATIA request, September 1999 • “Public disclosure of the Sponsorship Progrma was the result of efforst by a diligent journalist whose access to information request resulted in knoweldge about the Program, to the public and parliamentarians alike, for the first time.” Gomery, Vol.1, 431.

  7. Freedom of Information • basic description of the FOI regime • FOI and the context of the Sponsorship Scandal • FOI and the Gomery Recommendations

  8. Freedom of Information • basic description of the FOI regime • FOI and the context of the Sponsorship Scandal • FOI and the Gomery Recommendations

  9. Gomery Recommendations re: FOI • mandatory record-keeping • Recommendation #16: The Government should adopt legislation requiring public servants to document decisions and recommendations, and making it an offence to fail to do so or to destroy documentation recroding government decisions, or the advice and deliberations leading up to decisions.”

  10. Gomery Recommendations re: FOI • mandatory record-keeping • amendments to ATIA • extension to federal government institutions not currently covered • limiting of exemptions • reorientation from categorical exemptions to injury test • reduce the kinds of records subject to injury test • broadening the IC’s powers

  11. Federal Accountability Act, 2006? • Implement Information Commissioner’s recommendations for reform of the Access to Information Act. • Give the Information Commissioner the power to order the release of information.  • Expand the coverage of the act to all Crown corporations, Officers of Parliament, foundations and organizations that spend taxpayers’ money or perform public functions. • Subject the exclusion of Cabinet confidences to review by the Information Commissioner • Oblige public officials to create the records necessary to document their actions and decisions. • Provide a general public interest override for all exemptions, so that the public interest is put before the secrecy of the government. • Ensure that all exemptions from the disclosure of government information are justified only on the basis of the harm or injury that would result from disclosure, not blanket exemption rules. • Ensure that the disclosure requirements of the Access to Information Act  cannot be circumvented by secrecy provisions in other federal acts.

  12. Implications of FOI Reform? • criticisms... • shifting values? • breaking the bargain?

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