January 25, 2000



Dear Mr. Doer:

On Monday, January 17, 2000, the Minister of Culture, Heritage and Tourism, the Hon. Diane McGifford, met with representatives of the Manitoba Association for Rights and Liberties, the Manitoba Library Association, the Canadian Taxpayers Federation and the Provincial Council of Women of Manitoba Inc. in regard to improving public access to government information.

The groups presented 26 recommendations to amend The Freedom of Information and Protection of Privacy Act (FIPPA). A number of the proposed amendments are ones for which the New Democratic Party critic argued vigorously at Standing Committee on June 25, 1997. Ms. McGifford welcomed our efforts but would not specify which recommendations, if any, might be considered.

In an article in a local newspaper, January 18, 2000, a spokeswoman for the Minister said the department will not be revamping the FIPPA any time soon and the Act is not a priority.

As Opposition leader, you spoke eloquently in the House June 27, 1997 at third reading of Bill 50-The Freedom of Information and Protection of Privacy Act: "When you examine this legislation on the simple criteria of whether this legislation meets the test of power to the people for information or power being grabbed to the government to keep information secret, this bill fails, and that is why it has been described as the worst legislation in North America."

As Opposition leader, you went on to commit, "... that we will amend this act and repeal the regressive sections of this act, and we will have a privacy commissioner available to the public as the first steps of public access.". You also committed to a 15-year provision at minimum in terms of the protection on cabinet documents, a change in the provisions on electronic records and, "... we will absolutely eliminate the sections of the document that provide for this withholding of government documents, this massive power of the Premier's Office and the cabinet's office. We will eliminate the restrictions you have put in." Before the vote, your words were, "I say to the members opposite, we will vote against this bill, but we will bring in a new bill in 19- very shortly, and we will have legislation that is worthy of the former reputation of Manitoba of being an open, democratic tolerant society."

Opposition critics Diane McGifford, Dave Chomiak and Jean Friesen all spoke at length to Bill 50 and were equally critical.

As leader of the New Democratic Party, your responses to a September 8, 1999 pre-election questionnaire confirmed your commitment to these and other measures to ensure better access to government held information.

We are therefore puzzled as to why now your government appears reluctant to amend the Act without delay. Even more perplexing is the news that a notice in the Manitoba Gazette on January 29, 2000 will proclaim the application of the FIPPA for educational bodies, health care bodies and local government bodies, effective April 3, 2000.

Why move to apply to local bodies legislation which you pointed out has been described as the worst legislation in North America without first making the amendments to which you have committed

As Premier, with Cabinet Minister colleagues McGifford, Chomiak and Friesen, your government is now in the position to create the best FIPPA legislation in Canada.

We urge the government firstly to carry through on its own commitments and our recommendations and to amend the Act without delay, and secondly, to wait until the amendments are adopted before proclaiming the provisions which make the Act apply to local bodies.

Respectfully,



Elizabeth Fleming, Provincial Council of Women of Manitoba Inc
Greg Tramley, Manitoba Association for Rights and Liberties
Paul Nielson, Manitoba Library Association
Victor Vrsnik, Canadian Taxpayers Federation - Manitoba