Shining the Light on Government

Many Canadians have come to realize that changes to Ottawa’s political structures and institutions are as important – and perhaps even more so – than the representatives that will be elected to Parliament on January 23rd. The Canadian Taxpayers Federation will release seven commentaries during this campaign that focus on broad themes of accountability and democratic reform measures. This fifth commentary in the series is written by CTF federal director John Williamson on the subject of Canada’s freedom of information law. John is available for media interviews or comment on this subject by calling 613-234-6554.

January 5, 2006

Shining the Light on Government

Many Canadians want government to lower taxes. Others would like more spent on social programs, roads or the military. All are adamant that public officials – be they elected or career civil servants – waste fewer tax dollars and be publicly accountable for their decisions. But this is not happening in Ottawa because Canada’s Access to Information Act, which is the primary tool for citizens to review how money is spent, is broken.

This type of “sunshine” or “freedom of information” (FOI) law mandates that government records, administrative decisions and minutes be made available to the public. They balance the public’s right to be informed of government decisions with respect for the privacy of individuals.

Canada’s federal FOI law came into effect on July 1st, 1983, with the promise of greater government transparency. Testifying before the Justice and Legal Affairs Committee, then-Communications Minister Francis Fox said the bill “will create opportunities for a more informed dialogue between public leaders and citizens…improve the nature of government decision-making by allowing greater input from the private sector. Finally, it will impose on ministers and officials a greater degree of accountability and of responsibility for their actions and their decisions.” For a $5 fee, Canadians may request government documents and officials have a 30-day limit to provide a response.

Yet the dream of greater transparency does not fit with reality. The law is littered with loopholes and administrative barriers to keep prying eyes out. Canadians submit approximately 25,000 requests each year. Many are stonewalled when questions hit a government nerve, resulting in the Act’s Information Commissioner – who serves as Canada’s official FOI watchdog – receiving approximately 1,500 annual complaints about non-compliance. For keeping taxpayers in the dark Information Commissioner John Reid has publicly berated Ottawa for its “pro-secrecy” culture.

To determine how well government officials follow FOI laws, 45 newspapers tested the system last year. The audit – which reviewed federal, provincial and local procedures – revealed government data was released in only 1 out of 3 requests. Journalists discovered a hodgepodge of excuses and, at times, intransigent bureaucrats. Another separate study found the refusal rate for media requests was more than twice that of requests from the general public. It has been discovered that officials “red flag” politically sensitive requests made by journalists, parliamentarians, and groups like the Canadian Taxpayers Federation. Red flags are used to safeguard lawmakers from public embarrassment: There is no better way to kill a story than by withholding the release of information that backs it up.

With a single exception, Ottawa’s access law has not been updated since its inception. In 1999 it became a criminal offense to alter, destroy or conceal a record to frustrate an access request. It is disappointing that such a change was necessary. And yet bureaucrats continue to thwart requests today. Although files are no longer destroyed, Commissioner Reid has found they are, instead, just not being created in the first place. To guarantee compliance penalties must be in place to punish officials that fail to create and maintain proper records.

It is time to expose every government agency, organization, foundation and Crown corporation that spends public money to effective sunshine laws. Of Ottawa’s 246 Crown corporations and agencies only 49 are subject to the Access to Information Act. And under existing law, the numerous foundations tasked with spending $9-billion of tax money cannot be inspected by Canadians, the auditor-general or even elected parliamentarians.

The law should also include Officers of Parliament so taxpayers can assess their operation records (but not their adjudicative or case files). This would have permitted a review of former privacy commissioner George Radwanski’s lavish spending, which resulted in his dismissal.

The public interest should trump a government’s culture of secrecy. To ensure open government, departments and agencies should, for instance, disclose broader information on a webpage and in annual reports. Why are the repayment records of companies that accept government loans not publicly reported? A reformed FOI law should establish a “public interest override” for a narrow scope of exemptions and give the information commissioner powers to order government to release information.

Parliament must also ensure the FOI system is adequately funded. It currently costs Ottawa $30-million a year to administer. Meanwhile, the federal government spends $400-million on its communications efforts. A rebalancing of priorities is in order.

So long as individuals within government have the ability to hide their malfeasance, they will do so. So long as rules permit bureaucrats – working on their own behalf or that of their political masters – to delay or deny the release of embarrassing information, cronyism and poor management of tax dollars will continue.

FOI laws are a cornerstone of democracy. Rather than resist sunshine laws, governments should embrace them. Reforms to topple Ottawa’s cult of secrecy are indispensable to a well functioning government. They work to ensure greater accountability and are a tool to reduce scandals. They help build trust between citizens and lawmakers. Moreover, they are critical to ensure rules are adhered to and tax dollars are well spent. Such a change might mean fewer complaints from taxpayers when it comes to paying taxes.

John Williamson
Canadian Taxpayers Federation