Questions and answers

1. What message do you have for the Canadian Government regarding the state of the Access to Information system?

The access system has deteriorated to the point where it no longer serves its intended purpose. Canadians know it and the Government knows it.

If the Government cares about the state of our democracy, it will implement changes to fix the system.

As I have said multiple times already, the Government needs to recognize that access to information is vital for our democracy. The system is failing, and urgent action is needed to fix it.

If Access to Information is the oxygen of democracy, our democracy is gasping for air.

2. What three things should the Government focus on to fix the Access to Information system?

1. Culture change – the best legislation will never work if government leaders do not commit to making access a priority with clear objectives, resources, training, and innovation.
2. Legislative change – a strong legislative framework is the foundation of a strong access to information system.
3. Investment – in the necessary resources, tools and technology to support modernizing the system

3. What do you believe is the impact of the dysfunctional Access to Information system on Canadian citizens?

Without access to information held by government institutions, citizens cannot actively participate in society or make informed decisions. This information belongs to them, and their right to access it is quasi-constitutional. The lack of access hampers their ability to engage meaningfully with the democratic process and hold their government accountable.

4. What are your thoughts on the recent media coverage highlighting the issues with the Access to Information system in Canada?

I appreciate the attention brought to these issues by media organizations like The Globe and Mail. The media is shedding light on critical issues that demand immediate action and reform.

5. What do you think of the government's efforts in reviewing and addressing the problems within the Access to Information system?

After two and a half years of review, what the government produced was underwhelming. Unlike the government’s review, the ETHI report’s recommendations included concrete actions, including legislative change. While there is little indication that the Government intends to act on any of the recommendations, I intend to continue to use all my powers to uphold the right of access to information for Canadians.

6. Which changes to the Act would have most impact?

In my opinion, priority should be given to the following changes:

• broaden the application of the Access to Information Act to include the offices of the Prime Minister and ministers;
• subject Cabinet confidences to the Act;
• limit the application of certain exemptions, such as section 21, which relates to advice and recommendations

FPT - Joint resolution

7. Earlier this month, you participated in the FPT meeting of Information Commissioners, where you adopted a unanimous resolution on access to information. What was it about? Why?

With this resolution, we are – again - calling upon our respective governments to modernize legislation, policies, and information management practices to strengthen access to information regimes and support a culture of transparency across Canada.

The resolution states that access to reliable information is critical for maintaining confidence in democratic institutions and countering the negative effects of misinformation. It also proposes 7 principles that governments should seek to uphold.

The ultimate goal is to enable all Canadians to better understand the nation's past and present, fostering a culture of transparency and supporting a path towards reconciliation.

8.Didn’t you sign a joint resolution earlier in 2019? Why another one now?

Because in some cases, our governments have failed to take action. This second resolution had become imperative given that previous calls for legislative reform have largely failed to yield the necessary changes to the law that could bring about concrete improvements of the public’s right of access to government-held information.

9. So this is the second joint resolution in less than 5 years, what different outcomes do you really expect from it?

The signing of this resolution by federal, provincial, and territorial Information Commissioners and Ombudspersons signals a renewed sense of urgency in a drastically changed context. Our respective governments cannot claim to be unaware of the worsening situation.

10. In news reports following the signature of the joint resolution, you were quoted saying our system is not at par, our legislation is not at par, that you are ashamed. Can you clarify “at par with what” and explain to us what you are ashamed of?

When it came into force nearly 40 years ago, the Access to Information Act was recognized as a forward-thinking progressive piece of legislation. Over time, however, successive governments failed to bring in amendments aimed at modernizing the legislation. The result is that it is no longer fit for purpose. 

I think it is important to draw a contrast between the pride felt then, and the very different feelings those who care about access feel now.

Mandamus

11. In a case before the Federal Court, you obtained an order of mandamus against TMC. Your website indicates this case has been resolved, yet no details are readily available whereas details are available for other cases. What can you tell us about this case?

My orders are binding. An institution is required to comply with the order, unless it applies to the Federal Court for review. In this case, it is unfortunate that I had to resort to the mechanism of mandamus.

I am pleased to report that an order from the Court based on the consent of the parties resolves this manner. This resolution is a good outcome; however, this type of process to compel compliance should not be necessary. 

If the mandamus mechanism is the only means of achieving the desired outcome, I will continue to pursue the same approach to compel compliance with my orders.

Annual Report

12. In your annual report, you mentioned another record year in terms of new complaints. Can you please update us, what is the current situation in your office? Worst, better, the same?

My office continues to make progress against my inventory. While we recognize that the system goes through cycles, we have noted a decline in the number of complaints we have received in recent months, and are using this opportunity to deal with some of the many challenging files remaining in my inventory.