Two stories this morning (one here, one here) about access to information and whether Canadian citizens have the right, and the ability, to get information from their government. It would seem like a no-brainer, really. But apparently, things aren’t so simple:
Is information really free and accessible? The people using the Access to Information Act to get government documents don’t think so.
They point to new evidence that shows complaints to the information commissioner doubled last year, and delays responding to requests are longer than ever. New research also shows Canada is more secretive than some less developed countries.
Critics say it’s time to replace the 25-year-old law — which has never been reviewed — with a more robust act that reflects modern expectations of government.
And:
In October, the Supreme Court of Canada will determine whether being able to obtain information through freedom of information laws is a right under the Charter of Rights and Freedoms.
The story of the challenge stretches back 25 years. In 1991, two men were convicted of first-degree murder for the 1983 killing of Toronto mobster Domenic Racco, but Justice Stephen Glithero overturned the convictions on appeal in 1997.
In his decision, Glithero accused the Crown and police of serious misconduct. The OPP was called to investigate. They wrote a 318-page report but only released a two-sentence statement saying they found nothing.
The Criminal Lawyers Association (CLA) was asked by journalists to comment as an expert source. To ensure it was informed, the CLA filed an Ontario Freedom of Information and Privacy request to get the report.
When its request was denied, the CLA began a 10-year court battle to force the OPP to comply. The CLA was successful at the Ontario Court of Appeal last year, but the victory was short-lived. The Ontario Ministry of Public Safety and Security was recently granted leave to take the case to the Supreme Court, where it will be heard this fall.
It would be unreasonable to ask for every request to be fulfilled in a matter of days. Getting the right information to the right people, while respecting other people’s right to privacy, takes time and money. So it’s OK to have some kind of triage system in place that determines who should get what information when. What’s not OK is a system that fosters an unhealthy culture of secrecy, in which citizens are made to feel out-of-place asking questions of their government. Yes, it’s time we reviewed the legislation.
[cross-posted to IYB]
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