Canada and the World
Current Events with a Canadian Perspective
Last update
19 November 2010
Ottawa Clamps
down on Information
Government secrecy has increased to the point
where the right of citizens to know what’s going on
is close to being “totally obliterated.”
Canada’s Information Commissioner is Suzanne Legault. It’s her job to report to Canadians on how well (or badly) the government is doing in keeping the country informed about its actions.
On April 13, 2010 Ms. Legault issued her report on the government’s performance for
2008-
She expressed her fear that the right of citizens to know what their government is doing is on the brink of being “totally obliterated.”
Her report card report looked at 24 government agencies and found that “13 institutions performed below average or worse.”
Controlling Information Vital to Politicians
Politicians of all ideological stripes try to control information. They want to make
announcements at the most advantageous moment for them. They hate it when news leaks
and they are caught flat-
Writing in The Globe and Mail (April 14, 2010) columnist John Ibbitson pointed out that “…control over information is the only control that matters. Those with power seek to preserve that power by managing the flow of information; others wrestle to bring it into the public square.”
Under Prime Minister Stephen Harper that control has been held in a vice-
Yet, the Conservative government came to power in 2006 on a promise to create a more open government. Suzanne Legault comments: “Do we have, right now, a government that is instilling a culture of transparency?” She then answered her own question by saying “I haven’t seen evidence of that yet.”
Access to Information Act
Almost every democracy grants citizens some form of right to government information. Canada’s Access to Information Act was passed by Parliament in 1983.
The Act says that Canadians have the right to look at government files subject to certain conditions. The privacy of individuals is protected, documents can be withheld on grounds of national security, and there are other exemptions to producing information.
Citizens can submit a request for information in writing to the federal institution that holds it. Each application must be accompanied by a $5 dollar fee. The government points out: “There may be additional charges if copying, computer processing, or extensive search and preparation time is required (the first five hours of search and preparation are free).”
The government has 30 days in which to respond to the request. In fact, writes Bill Curry in The Globe and Mail (April 14, 2010) “the laws allow virtually unlimited extensions and many opportunities for officials to black out material.”
A comprehensive guide on how to make
a request is available at Info Source.
Information Requests Face Long Delays
Commissioner Legault says that in the 2008-
Open government activist David Eaves has written: “Whether documents are actually
censored by conservative staffers or whether they simply take six months to arrive
-
And, delays are why a lot of people contact the commissioner’s office. Almost half of the complaints my office received last year,” says Ms. Legault “dealt with delays in getting responses to requests. And, we found that three out of four of those complaints had merit.”
Afghan Detainee Documents Hidden
A House of Commons committee has been trying to find out who knew what and when over the treatment of Afghan detainees. It is known that Canadian soldiers handed people it captured to Afghan authorities and that very likely the detainees were subsequently tortured.
However, the Harper government has been stalling on handing over documents on the issue. Thousands of pages have been released, but they are heavily redacted, meaning huge sections are blacked out and cannot be read.
The topic is also under examination by the Military Police Complaints Commission. But, the Commission in running into the same stonewall of secrecy as opposition politicians.
A Canadian Press story appearing in the Toronto Sun (April 21, 2010) reports that “Ron Lunau, counsel for the Military Police Complaints Commission, says there seems to be a ‘weeding out of documents’ released to the probe.
“ ‘What we appear to be receiving is a subset of a larger set of documents,’ he said.
“Lunau says he is ‘very concerned...we’re not necessarily seeing all of the documents’ related to the detainee affair.”
Image credit: Mark Wallace
Sources
“Delays, Denials, and Deadlock.” John Ibbitson, Globe and Mail, April 14, 2010
“Hoarding Information.” The Ottawa Citizen, April 19, 2010.
“Access to Information Risks Being ‘Obliterated’: Report.” Bill Curry, Globe and Mail, April 14, 2010.
“Feds Cherry-
© Canada and the World, April 2010
All rights reserved
The following exchange occurred at the Military Police Complaints Commission hearing into the transfer of Afghan detainees. The discussion centred on a censored document.
Richard Colvin, diplomat who reported detainees were being tortured: “If we had access
to the un-
Alain Préfontaine, Justice Department lawyer: “I have had access to the un-
Glenn Stannard, Commission acting chair: “Did you say the information contained in
the un-
Préfontaine: “No, you didn’t Mr. Stannard.”
Stannard: “Just a real silly question then: any reason why we don’t have it?”
Préfontaine: Because disclosure would be injurious to either national defence, international relations, or national security.”
“At many levels of government, the motto less is more has become the norm when it comes to the release of information. And governments have got away with this approach because access to information is not an issue that animates the public, which is odd considering that transparency in government is a pillar of free societies.”
Ottawa Citizen
Information Commissioner’s Report Card
A
Dept of Justice
Citizenship and Immigration
D
Canada Revenue Agency
National Defence
Health Canada
Privy Council Office
F
Natural Resources
Correctional Service of Canada
Canadian Heritage
Environment Canada
Red Alert*
Foreign Affairs and International Trade
*Too awful to be graded
In April 2010, Canadian Journalists for Free Expression awarded the Harper government an “F” grade for its access to information policies.
In an interview with The Globe and Mail (May 3, 2010) group board member Bob Carty said “The rule should be that it's accessible or free information at all times, and the hiding of it should be the exception.
“Unfortunately what we've got now in Canada is the reverse of this.”