Federal departments and agencies have initiated numerous legal challenges in an attempt to prevent the release of public records. As a result, the Office of the Information Commissioner has had to allocate more funds towards legal expenses, as reported to the Commons Ethics committee on Monday.“Some government institutions now routinely violate this law on a daily basis,” testified Commissioner Caroline Maynard.“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 Blacklock’s Reporter, the Access to Information Act allows Maynard to give orders that federal managers must follow if they refuse to share records.“Last year, I issued 157 orders,” said Maynard.“How many of them were complied with?” asked Conservative MP Michael Barrett (Leeds-Grenville, ON). “We now have nine cases where the institution decided to challenge the order and one where they ignored it,” replied Maynard.“Has the current Liberal government gone to court to prevent your orders from being carried out?” asked Barrett. “A few institutions have actually challenged the orders,” replied Maynard.“Do you know what cost that is to your department for you to appear in Federal Court?” asked Barrett. “We have our own legal counsel, but I had to increase counsel by two, at least three employees, to respond to that,” replied Maynard.The worst offenders were the Privy Council Office, RCMP, Department of Immigration, Department of National Defence and Library and Archives Canada, said Maynard. “The information system is broken,” she added.“Would you say access to information is a fundamental right?” asked Bloc Québécois MP René Villemure (Trois-Rivières, QC). “Yes, because without information, without knowing what is happening in the government, we can’t make democratic decisions,” replied Commissioner Maynard. “We can’t vote. We can’t understand what is going on in our government.”“Canadians are realizing how essential information is in their decision-making and how they live,” said Maynard. “Yes, it can be seen as a Constitutional right.”In a 2015 Ministerial Mandate letter, the cabinet promised to “ensure the Commissioner is empowered to order government information to be released.” They also promised to provide more information to the public when they request records.“We have promised Canadians a government that will bring real change,” said the Mandate 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.”“Government and its information should be open by default,” said the Mandate letter. “If we want Canadians to trust their government, we need a government that trusts Canadians. It is important that we acknowledge mistakes when we make them. Canadians do not expect us to be perfect. They expect us to be honest, open and sincere.”
