The Office of the Information Commissioner has had to increase its spending on lawyers due to the number of legal challenges that federal government departments and agencies have filed in order to block the disclosure of public records, the House of Commons ethics committee was told.
While speaking before the committee on Oct. 16, Commissioner Caroline Maynard was asked by Conservative MP Michael Barrett whether the federal government had “gone to court” to prevent the office from disclosing records.
As the act permits her to issue binding orders on federal managers who refuse to disclose records, she said she issued 157 orders in 2022 alone. She said there were nine cases where the institution decided to challenge the order and one where they ignored it.
“A few institutions have actually challenged the orders,” said Ms. Maynard, as first reported by Blacklock’s Reporter.
“Do you know what cost that is to your department for you to appear in Federal Court?” asked MP Barrett.
“We have our own legal counsel but I had to increase counsel by two, at least three employees, to respond to that,” replied Ms. Maynard.
Ms. Maynard said the worst offenders for blocking public records from being disclosed were the Privy Council Office, RCMP, Department of Immigration, Department of National Defence, and Library and Archives Canada.
“The information system is broken,” Ms. Maynard added. “We are in a place where information is key. Canadians don’t trust governments. We need information to be factual, timely, and provided to them.”
According to the commissioner, Canada’s access to information system is going through a “40-year-old midlife crisis,” as the government has failed to modernize information management systems with amendments to ensure they remain “relevant and effective.”
‘Quasi-Constitutional Right’
The commissioner issued a joint resolution with her provincial and territorial counterparts on Oct. 4, reinforcing the public’s right to access government 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, when disinformation and misinformation spread very quickly, timely access to accurate facts and reliable information is more critical than ever,” said a release accompanying the joint resolution.
“Leaders must remember that access to information is both a quasi-constitutional right and a legal obligation, and it must be treated as such,” Ms. Maynard told the ethics committee, adding that without knowing what is happening in the government, we can’t make democratic decisions.
In a 2015 ministerial mandate letter, the Liberal government promised to ensure the commissioner was “empowered to order government information to be released,” and that freer disclosure of records could be sought by the public.
“We have promised Canadians a government that will bring real change,” said the letter. “We have committed to set a higher bar for openness and transparency in government. It is time to shine more light on government to ensure it remains focused on the people it serves.”
