Transparency remains low on Trudeau and other governments’ priorities

OTTAWA—Access to information at the beginning of Trudeau's third-term government still remains a hit-and-miss-patchwork system of delays, denials, and partial disclosures. Since late 2019, there hasn't been a stand-alone minister responsible for democratic institutions. Post-election, there are just too many information gaps in the still unfolding pandemic health crisis. Nor are climate change advocates seeing a shift in fuller disclosures on carbon emissions. Many unanswered questions in sexual assault cases at Department of National Defence only continue to add to the culture of secrecy and abuse of authority with devastating impacts. Multi-billion-dollar military procurements remain opaque and unaccountable. Moreover, my requested PCO records to find out more on Prime Minister Justin Trudeau's decision to drop his electoral reform promise are nowhere to be found. Investigations during the previous Trudeau government may have occasionally led to some results and resignations, but are rarely fully public or fully explained. In one case, Heritage Canada totally exempted a third-party report on the toxic work environment at the Canadian History Museum under previous CEO Mark O'Neill. In another instance, PCO only released parts of its report on the toxic work environment found at Rideau Hall under former governor general Julie Payette. There aren't any great expectations for the new Treasury Board President, Mona Fortier, who is responsible for access-to-information legislation, to put solid reform of the Access to Information Act high on her agenda. She inherits her department's lack-lustre and unprogressive review of the access-to-information legislation, and a little-known "open government" team that's getting ready to roll out yet another “action” plan and “commitments” with no one paying much attention. Many federal agencies continue to restrict their access-to-information services to electronic-only records, with access services still considered as not being “critical." Lengthy waits of months to years continue. Over at the Library and Archives Canada, access to unclassified records for researchers is now difficult since the archival reading room is only open by appointment three days a week and access to declassifying records has ground to a near standstill. Former PCO clerk, Michael Wernick, in a pre-election Sept. 14 online debate on access to information reform, pointed to one problem not being solved: he said government record management systems are “underfunded and shambolic." Wernick said he wishfully hoped that future governments would not “backslide” to even less controlled disclosures. But Wernick firmly reflected prevailing official beliefs that cabinet, ministerial, and policy options must remain beyond public access. Expect more, not less, cover-ups of important records. Ian Young, a South China Morning Post Vancouver reporter recently discovered this when he had to wait six years to get a 1996 CRA audit report on rich migrants gaming the Canadian home-buying system to buy luxury homes. That audit's delayed release helped contribute to not having valuable data to combat rising housing prices in Vancouver. Crucial records sought by the National Centre for Truth and Reconciliation related to residential schools have still not been released, including federal health records, data used for compensation claims, and provincial information on school attendance records and death certificates. The pushback to further restrict the right-to-know legislation is not just at the federal level. In a pre-emptive strike, the majority-governing NDP British Columbia government, has recently introduced amendments to its Freedom of Information and Protection of Privacy Act (Bill 22) that restricts and does not enhance FOI. The bill takes the premier and executive council (cabinet) further outside the reach of the act. At the same time, the government wants higher access fees, including proposing a $25 application fee, while decreasing any chance of being able to get at or have metadata that is in the government's possession. Opposition to this move has been mounted but regrettably, the trends are clear: more restrictions and less access and access service. Trudeau's overhaul of his cabinet and his pushing forward key files on pandemic health, climate change, day care, and Indigenous reconciliation are directions he seeks towards his legacy. But like his counterparts, he won't be remembered for taking leadership on pushing for greater transparency for his own office and his ministers' offices. Continuing a culture of entitlement and secrecy that says “no” is a feature Trudeau's government and other governments in Canada are not about to willingly change. Ken Rubin is a long-time transparency advocate reachable at kenrubin.ca The Hill Times