Justice officials to work with GTH in request for document release
Minister dispatches legal advisers as agency rebuffs privacy commissioner
Justice officials for the province are working with the Global Transportation Hub (GTH) to help in an ongoing dispute over the public release of certain documents.
The GTH is refusing to release documents requested by CBC under access to information legislation, despite the province’s Freedom of Information Commissioner Ron Kruzeniski ruling there were no grounds to do so.
In his ruling on the matter, Kruzeniski dismissed the GTH’s reason for refusing the release of the documents: negative media attention.
The documents are related to the Brightenview development at the GTH, which has been controversial.
We need those documents released. The people of Saskatchewan need access to that information.
“The purpose of FOIP (The Freedom of Information and Protection of Privacy Act) would be defeated if information could be legitimately withheld simply because an applicant may publish information the applicant has received under FOIP,” Kruzeniski wrote in a 23-page decision. “Individuals’ rights under FOIP cannot be taken away based on what the individual may or may not do with the information.”
Justice Minister Don Morgan told reporters earlier this week the GTH was an autonomous entity separate from government and as a result, he would not get involved in telling the GTH to release the documents or not. Thursday, he changed his tune. “We’ve got people in Justice who have expertise in a lot of areas and we provide legal counsel to all the other ministries on privacy and other issues, so I think it’s appropriate where we’ve got expertise we want to use it,” he said, noting he wanted to ensure the GTH was “following best practices.”
NDP justice critic Nicole Sarauer said she was happy to hear the ministry is working with the GTH, but that “We need those documents released. The people of Saskatchewan need access to that information.”
Under current provincial law, the GTH has 30 days to appeal Kruzeniski’s decision.
Asked what his decision to send in Justice officials says about his confidence in GTH management, Morgan said similar services are offered to other government entities periodically or when requested.
Kruzeniski does not have the ability to order the release of the records. In order for that to happen, the matter would have to go to court.
Morgan said he didn’t think anybody wanted the matter to go that far, and he brushed away calls from the NDP opposition to change the law to give Kruzeniski’s office more power to order the release of records (something that several other provinces have in place already).
Sarauer says Kruzeniski’s office needs to “have some teeth to his recommendations.”
“That’s why we’re calling for the minister to change the law so the information and privacy commissioner actually has that power,” she said.