Cape Breton Post

N.S. needs more open government.

Taxpayers deserve more accountabi­lity

- SALTWIRE NETWORK jim.vibert@saltwire.com @Jimvibert

If you subscribe to the theory that what you don’t know can’t hurt you, Nova Scotia’s Liberal government is your kind of outfit.

If, on the other hand, you believe that in a free and democratic society government informatio­n is by definition public informatio­n – with certain limited, specific and justified exceptions – you may want to try a different political flavour.

If, as a taxpaying Nova Scotian, you think you’re entitled to know what happened at Northwood Manor where your tax dollars support the care of hundreds of seniors, the Liberal government would tell you to think again.

Fifty-three residents of Northwood died from COVID-19, leaving the province no choice but to conduct, not an inquiry, but rather what it calls “a review.” Inquiries are public. A review can mean almost anything and in the Northwood case it means that the findings won’t see the light of day.

Options available to the province include the Public Inquiries Act and the Fatality Investigat­ions Act, either of which would have produced a public accounting of the Northwood tragedy.

But the Liberals landed on a third option, one that will deliver the least possible informatio­n to Nova Scotians. They opted for a review under the rather obscure Quality-improvemen­t Informatio­n Protection Act, a law intended for a different purpose, if we are to believe Leo Glavine, who was Health Minister in 2015 when the law was enacted.

“The Quality-improvemen­t Informatio­n Protection Act is the key to unlocking meaningful provincial data analysis that will help achieve positive results for all Nova Scotians,” Glavine said at the time, summing up the bill’s purpose, if somewhat ambiguousl­y.

He told the legislatur­e back then that the act was about data collection to improve patient safety in the province’s health system. No mention was made of its now-convenient applicatio­n in conducting a furtive review of a provincial tragedy.

Under the provisions of the 2015 law, the government doesn’t have to release anything that comes out of the review, although Premier Stephen Mcneil has promised that the recommenda­tions will be made public. If the government has its way, Nova Scotians may never know the full story of the tragedy at Northwood.

Way back in 2013, when they were trolling for your vote, Mcneil and his Liberals promised to be the most open and transparen­t government Nova Scotians have ever seen.

Seven years later, the evidence is in and overwhelmi­ng. Not only did they break that promise, they took Nova Scotia backwards, delivering a government that tells Nova Scotians only what it wants them to know, when it wants them to know it.

This week the province’s new Informatio­n and Privacy Commission­er, Tricia Ralph released her office’s annual report, which shows that as time goes by the government is becoming ever more parsimonio­us with the informatio­n it will release.

Among other duties, the commission­er’s office deals with appeals under the province’s antiquated 25-year-old Freedom of Informatio­n and Protection of Privacy (FOIPOP) Act – a law Mcneil’s Liberals also promised to modernize and strengthen until they arrived in government and discovered it was actually pretty handy when inconvenie­nt informatio­n needed burial.

Applicants can appeal to the commission­er when the government denies access to informatio­n, but even when the commission­er sides with the applicant, the government can still withhold the informatio­n.

The commission­er has no power to compel compliance with the law. For that the applicant must take the province to court, with all the hassle and cost that entails.

While it’s rare for an applicant to appeal to the courts, it is telling that in every case the court sided with the applicant and found that the informatio­n requested had to be released under the provisions of the FOIPOP law.

Ralph reports that her office is now trying to process a threeyear backlog in those appeals, and she notes that there has been a steady, if not precipitou­s, increase in appeals since 2013, which as noted above just happens to be the same year the Liberal government arrived in office.

The Liberals seem content to suffer the occasional slap down in court, in exchange for the antidemocr­atic luxury of withholdin­g informatio­n whenever it wants, secure in the knowledge that in the overwhelmi­ng majority of cases that will be the end of it.

The Mcneil government does plenty of stuff right and we hear all about it. Operating an open and transparen­t government is one thing they do not do. As a result, Nova Scotians have very little idea what else the government is getting wrong.

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