In 2017, I filed an access to information request with Global Affairs Canada seeking records related to the creation of the WIPO Internet Treaties more than 20 years earlier. The timing of the request was not accidental. The exception for cabinet confidences in the Access to Information Act no longer applies after 20 years and my hope was to gain insights into the government’s thinking during the negotiation process that might have previously been publicly unavailable. The request took a long time to process and the department still withheld many records on a range of grounds. I rarely appeal to the Information Commissioner, but in this case I did. Last week, the Information Commissioner determined that my complaint was well-founded, but Global Affairs and its Minister, Melanie Joly, have thus far refused to abide by the ruling.
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