Canadian governments are more talk than action when it comes to transparency and accountability, say some in watchdog organizations.
Duff Conacher of Democracy Watch says he is still waiting for the “open by default” government the Trudeau Liberals promised prior to their election in 2015.
“The Trudeau government usually misleads in their initial response, and then when it’s pointed out that they’re lying to voters, they then come up with lame excuses for delaying action or solving whatever the problem is.
“And then [they] just don’t do anything again until the media highlights, again, that the problem still exists and hasn’t been solved. And that’s the pattern since they were elected in 2015,” Conacher said in an interview.
“The federal access to information law is so full of loopholes that it really is just a guide to keeping information secret that the public has a right to know.”
The Treasury Board said in an email that the government has identified a number of “key actions” that it is undertaking to improve access to information (ATI). They include “extending the retention of ATI summary requests on the Open Government Portal beyond 2 years, releasing guidance to federal institutions to streamline the review process prior to proactively publishing materials, and working towards declassification of records.”
‘Politicians Write the Laws for Themselves’
Bill C-58, which was introduced in 2017 and received royal asset in 2019, requires the prime minister to “proactively disclose” ministerial mandate letters and also requires certain information concerning ministers to be published, including briefing materials and travel and hospitality expenses.“Politicians write the laws for themselves and choose their own watchdogs, ... and they even choose the judges at the federal level who will judge them and judge every provincial government, most particularly liberal judges. So all you can do is hope that embarrassment, pressure from opposition parties and the media and the public, will get the laws changed,” Conacher said.
“But it is a difficult process because the ruling party doesn’t really have much incentive to increase its own accountability. And the opposition parties often want to complain but not really push for systemic change, because they’re hoping to get into power and do the same thing.”
Fees, Backlogs in BC and Ottawa
Transparency and accountability in governments vary across the provinces. In British Columbia, Christy Clark’s Liberal government suffered a scandal in 2015 after B.C.’s privacy commissioner reported that political government staff had been “triple-deleting” emails to ensure they would not be kept on servers and in backups, thus preventing them from being unearthed in information requests.“They put in place a duty to document and basically created a ’trust us, we‘ll get it done’ scenario, without any independent oversight or review process. [Nor did they] put in place a civil monetary penalty for someone failing to appropriately document,” Woyada told The Epoch Times.
“If I request information from the government and they come back with a time estimate that it could take 40 or 50 hours to find, and I have to pay for every hour above 10, is that a reasonable amount of time?”
B.C.’s Ministry of Citizens’ Services said in an email that on top of the amendments to the Freedom of Information and Protection of Privacy Act made in the fall of 2021, more government information continues to be made available to the public through “proactive disclosure directives,” meaning people don’t need to file an FOI request.
As for the user fee, it was intended to bring B.C. in line with other jurisdictions that charge a fee, the email said, but it doesn’t apply to individuals requesting their personal information or to Indigenous Governing Entities.
Woywada says the pandemic has been used as an excuse for slow replies. He says it is also becoming more common for governments to refuse prompt, informal disclosure and instead funnel them through formal FOI requests. This creates more backlog.
“The bureaucracy is expanding to meet the needs of the expanding bureaucracy,” he said.
“It’s getting to the point with some of these requests that you have to leave them as an inheritance for people to pick up because the request for information may indeed exceed your lifespan now.”
In recent weeks, Ottawa researcher Michael Dagg filed a notice of application to the Federal Court after Library and Archives Canada said it would take 80 years to respond to an information request.
That’s “a joke,” Woywada says.
“The trend line is a reduction in trust in public bodies, the trend line is a lack of information being released without a fight.”