Toronto Star

Keep promise on access law

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Access to informatio­n laws have become an essential feature of modern democracy. They allow citizens to watch over their government­s and hold them to account. So it’s deeply disturbing that Canada’s access law, designed for a pre-digital world, and largely unchanged for three decades, is so profoundly broken.

Justin Trudeau’s Liberals came to power promising to fix the problem, quickly setting up an all-party committee to review the law. The committee published its recommenda­tions in June and the government vowed to reform the legislatio­n later this year, or early in 2017. A long-overdue change seemed within view.

But last week Treasury Board president Scott Brison quietly backed off those timelines, indicating the government would implement initial changes later this year, but conduct a fuller review of the act starting in 2018. A concerned Informatio­n Commission­er Suzanne Legault told CBC News that she now doubts the legislatio­n will be amended before the next election.

That’s a shame. In recent years, loopholes in the law have too often been used to keep politicall­y inconvenie­nt informatio­n secret. Federal officials have invoked so-called cabinet confidenti­ality with alarming frequency. In 2013-14, it was used a record 3,100 times — a 49-per-cent uptick over the previous year. As the informatio­n commission­er has argued, the law meant to ensure openness has metastasiz­ed into an effective shield against disclosure.

Many recommenda­tions have been made over the years on how to improve the act, but two simple, widely supported changes in particular would do a great deal to foster more openness.

First, the loophole should be shrunk. Cabinet confidenti­ality is meant to protect the frank and open exchange among cabinet ministers. But it should not be used to prevent Canadians from having the facts and background informatio­n that informed their government’s decisions.

Second, Ottawa should invest the informatio­n commission­er with the authority to issue “binding orders” that would force government disclosure­s required by the act. Under the current system, she can overturn a government decision only by taking Ottawa to court.

The first is a long-standing recommenda­tion of transparen­cy advocates and the informatio­n commission­er, endorsed by the all-party parliament­ary committee. The second was a Liberal campaign promise. Canadians should not be made to wait until after the next election to see them realized.

The trouble is that while democracy loves openness, government­s quite often do not. Canada no doubt needs a modern access law that ensures transparen­cy and a watchdog capable of enforcing it. The Liberals understood this in opposition. In government, the temptation to carry on in the dark will be strong, but promises were made and democratic principle, not political expediency, should light the way.

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