Information Law Has More Holes than Swiss Cheese
Author:
David Maclean
2002/09/17
REGINA: Saskatchewan's Freedom of Information and Protection of Privacy Act has more holes than swiss cheese according to the Canadian Taxpayers Federation (CTF). At his final news conference today, departing CTF Provincial Director Richard Truscott literally poked holes in the information law to demonstrate the need for changes to the laws that govern the disclosure of public information. Truscott has used the law hundreds of times during his tenure with the CTF to try and expose government waste and improve access to public documents.
"With eight pages of exemptions, the current Act restricts access, rather than facilitates it. All documents held by government should be accessible, unless a justifiable and reasonable reason can be given as to why access must be limited. Instead, the Government's current approach has been backwards - protecting information that should be made public, while making private confidential information public."
In late July, Information Commissioner Gerald Gerrand resigned mid-way through his five-year appointment stating he needed more resources to do his job properly. Before leaving, Gerrand recommended the office of the commissioner be reorganized and better staffed.
Truscott demanded that the Saskatchewan government dedicate a small amount of additional resources to allow better supervision of the information law and a more legitimate avenue for appeals. "The current review and appeal process is a farce. Saskatchewan needs an effective information watchdog to monitor issues of information and privacy. Even a small investment would pay big dividends through greater taxpayer confidence in the institution of government."
In Manitoba, the office of the information commissioner has 9 staff and a budget of $2 million while the office in Alberta has a staff of 27 and a budget of $1 million. NDP Justice Minister Chris Axworthy is on record saying the government may explore revisions to the Office of the Information Commissioner through the all-party Board of Internal Economy.
The CTF will soon launch a petition and advocacy campaign on the issue. "To get the ball rolling, the government should establish an independent, politician-free commission to gather input from taxpayers about how the information law could be amended and improved," said Truscott.
Truscott challenged Saskatchewan's political leaders to commit to review and improve the Act, virtually unchanged since it was passed in 1991. "Just like cheese, the longer the government lets this law sit, the more its going to stink. Today I challenge Mr. Calvert and Mr. Hermanson to state for the record if the Act, as it currently constituted, is palatable to them. Whether or not either leader rises to the challenge will no doubt help taxpayers decide which party is serious about open, transparent, and accountable government," concluded Truscott.
CTF Recommendations:
The government should establish an independent, non-partisan commission to gather input from the public about how the Freedom of Information and Protection of Privacy Act should be amended and strengthened.
The Commission should examine ways to allow for a more consistent and restrictive application of the exemptions in the Act that are used by government departments, agencies, and Crown corporations to refuse access to public information.
The Commission should review Freedom of Information practices in other provinces and by the federal government in order to foster a culture of openness, transparency, and disclosure among government departments, agencies, and Crown corporations in Saskatchewan.
The 25-year exemption for access to Cabinet documents in Section 17 of the Act should be shortened to five years with a possible additional five-year discretionary exemption as a reasonable compromise between public disclosure and the preservation of ministerial responsibility.
The Commission should research and propose methods to strengthen the privacy provisions of the Freedom of Information and Protection of Privacy Act to give the public confidence that personal and confidential information of Saskatchewan's citizens is properly protected.