OTTAWA — Canada’s information commissioner has put Prime Minister Stephen Harper’s point man for transparency issues on notice that he must answer for significant failures within government in respecting Canada’s freedom-of-information law.
Releasing her annual report to Parliament, Suzanne Legault slammed the government for a deteriorating record in providing information to the general public, explaining that it was now the responsibility of Treasury Board President Tony Clement to clean up the mess.
Without a quick fix, she said the situation was threatening the health of Canada’s democracy.
“I think it’s really time to actually (attribute) accountability where it lies,” Legault said at a news conference.
Legault said she spoke to Clement in recent days to warn him about her report’s findings. She also dismissed his previous claims that the government could tout its record on transparency, simply because it was dealing with an increasing number of requests for information.
Her report registered a nine per cent increase in the number of new complaints for 2012-2013, adding up to a total of 1,596 cases for the year, including a 42 per cent jump in complaints related to basic requirements such as meeting deadlines or following the proper procedure for an extension.
“The minister (Clement) cannot say that this is the most transparent government simply based on the fact that we have more access requests if we’re simply not responding to them or not responding to them before a year has elapsed,” Legault told reporters. “That’s not transparency. That’s simply breaching the law and I think that’s what the minister has to respond to.”
But speaking outside of the House of Commons, Clement repeated his previous arguments about an increase in the volume of documents that are released, noting that he was also encouraged to see more requests for information from the general public.
“I’m very proud of our record,” Clement said. “If there are some staffing issues that we can deal with, we can deal with those, but the fact of the matter is, given the exponential nature of inquisitiveness of both the media and ordinary citizens, we are doing more than pulling our weight.”
Legault also said that the government, which she noted had used its new throne speech to highlight its ongoing response to the Lac-Megantic runaway train disaster, is demanding one year extensions at Transport Canada for information requests related to the tragedy, prompting a series of new investigations by her office.
Canada’s access-to-information legislation, introduced in 1983, requires the release of federal records within 30 days of a request from someone who pays the $5 fee, with exceptions in cases such as secrets of cabinet or matters of national security. The legislation also allows for delays or extensions in exceptional circumstances.
But while she acknowledged that departments can be flooded with requests following major events, such as the train disaster, she had suggested that Clement introduce a special “SWAT” team at the Treasury Board Secretariat to help out in those cases so that Canadians can get pertinent information in a timely fashion. Clement said he was interested in this proposal and asked his deputy minister to look into it.
Legault, who started in the information commissioner’s office as an assistant in 2007, said overall deterioration in transparency started about 10 years ago, before the Harper government was elected, but she believes it is now worse than ever before, prompting her to sound the alarm.
Her report also noted that one organization had taken months to acknowledge requests, while another took a three-year extension. Meanwhile, she said some others are simply ignoring recommendations from her office to meet deadlines.
Legault said that both ministers and deputy ministers in the public service must show leadership to create a culture of transparency within their departments, explaining it is fundamental to Canada’s system of government, and a key tool that allows Canadians to engage in the democratic process and learn about the government’s actions and decisions.
“When the access system falters, not only is Canadians’ participation in government thwarted but ultimately, the health of Canadian democracy is at stake.”
Top 15 institutions with administrative complaints in 2012-2013 related to basic obligations such as meeting deadlines and responding to requests:
Canada Revenue Agency: 109
Royal Canadian Mounted Police: 76
Foreign Affairs and International Trade Canada: 35
Transport Canada: 34
Citizenship and Immigration Canada: 33
National Defence: 31
Privy Council Office: 31
Health Canada: 25
Canada Border Services Agency: 23
Correctional Service of Canada: 21
Public Works and Government Services Canada: 21
Canadian Food Inspection Agency: 19
Environment Canada: 14
Department of Justice Canada: 11
Treasury Board Secretariat: 11
