Information Commissioner’s appearance before ETHI Committee

October 16, 2023
Ottawa, ON

(Check against delivery)

Opening Remarks

Thank you for inviting me to appear before you to discuss the reports published by my office so far this year.

I was probably among the first to read the final report of this committee’s study into access to information as soon as it was made available last June.

I was pleased to note the extent to which many of its recommendations reflected the advice of the witnesses who appeared before it.

I published a statement on my website recognizing this and thanking you for your work.

So allow me to thank this committee once again.

Now let me bring you up to speed on some of my Office’s activities since I last had the opportunity to appear before you.

The most recent reports I published were actually the annual reports on the administration of the Access to Information and Privacy Acts, tabled on October 3rd. 

In addition to my role of investigating complaints related to access to information requests, my office is also subject to both of these Acts.

I take my responsibilities in these areas very seriously and this is reflected in my office’s own ATIP performance, which includes no deemed refusals and an average response time that is lower than the 30 day limit.

Last June, I also tabled my Annual Report, which detailed the activities and results achieved by my office for 2022-23.

While I am proud of these results, I remain very concerned about the overall state of the Access to Information system.

I noted my concerns in opinion pieces that ran in the Globe and Mail and Le Devoir during the Right to Know Week, in which I talked about our 40-year-old Act’s mid-life crisis.

I pointed out that successive governments have failed to modernize information management practices, just has they have failed to introduce amendments to the Access to Information Act itself that would ensure it remained relevant and effective.

I also stated that some government institutions now routinely violate this law on a daily basis, and that there was little indication that the Government intends to act to rectify the situation. 

I am hoping to be proven wrong when the Government tables its response to your report, which is due this week.

Two weeks ago, I met with provincial and territorial counterparts in Quebec City, where we issued a joint resolution aimed at reinforcing the public’s right to access government-held information, including historical records. 

It has never been more important for Canadians to have access to official government records if we are to maintain confidence in our democratic institutions.

In our modern digital world, disinformation and misinformation spread very quickly. Timely access to accurate facts and reliable information is more critical than ever.

Recognizing that Access to information systems across Canada are frequently unable to provide timely responses to access to information requests, the resolution called upon our respective Governments to also make use of alternate mechanisms for providing access to records, including through proactive disclosure.

We also urged our respective governments to modernize legislation, policies and information management practices. A copy of the resolution is available on my office’s website. I have provided a link to the committee and I invite you to familiarize yourselves with it.

In closing, as the Government seeks to reduce expenditures, I would like to repeat something that is crucial: leaders must remember that Access to information is both a quasi-constitutional right and a legal obligation, and must be treated as such.

I will conclude my remarks there. Thank you.