Saskatchewan Information Commissioner Ronald Kruzeniski has ruled Canadians can do what they like with public records — including videos of open meetings. The ruling came in the case of a provincial board that threatened sanctions over the posting of a videotaped hearing on YouTube, according to Blacklock’s Reporter. “The right of access is unqualified,” wrote Kruzeniski.“The head of an institution does not have a right to place restrictions on how an applicant uses or discloses the released records.”Kruzeniski cited case law in noting public office holders have no business questioning a requester’s motives or conduct.“When an individual makes an application for access under the (Freedom of Information) Act they do not have to provide a reason for seeking the information as access is an unqualified fundamental democratic right subject to limited and specific exemptions,” he wrote..The ruling came over the refusal of the Saskatchewan Municipal Board to disclose its recording of a May 24, 2024 hearing. An unidentified resident sought a copy of the video.The board initially refused, instead suggesting that citizens apply for a transcript, then released the video with a warning: “Please be advised any dissemination of the video in whole or in part on social media platforms will result in a sanction by the Saskatchewan Municipal Board.”The board did not detail what sanction it would impose. It also prohibited anyone making copies of the video.“Informal attempts were made by my office to resolve the issues in this matter,” wrote Kruzeniski.“They were not successful.”.Saskatchewan’s Freedom of Information and Protection of Privacy Act section 5.1.1. states: “A local authority shall respond to a written request for access openly, accurately and completely.”The clause prohibits anyone from imposing terms or conditions on the use of public records, said the Commissioner.“The Act grants an open-ended or unqualified right of access to public information of which government institutions are only the stewards,” wrote Kruzeniski.“Applicants do not need to justify a request and the Act does not place limits on what an applicant can do with the information once access has been granted.”“The board did not have the authority to place any restrictions on the applicant’s use or disclosure of the released record or to place sanctions on the applicant for failure to comply.”Publicly available records do not disclose any unusual controversy at board hearings in May 2024. The board is mandated to hear appeals of tax assessments.
