Just over a month ago, the Ford government tabled Bill 97, an omnibus bill with provisions fundamentally restructuring Ontario’s access to information system. Information and Privacy Commissioner Patricia Kosseim responded with alarm, but the government rushed ahead with no hearings or public debate. The most significant rewrite of Ontario’s access to information regime in nearly forty years became law within weeks. Justin Safayeni, a partner at Stockwoods LLP in Toronto, is one of Canada’s leading practitioners in access to information and media law. He joins me on the Law Bytes podcast to make sense of what just happened and what comes next.
Post Tagged with: "access to information"
The Law Bytes Podcast, Episode 240: Dean Beeby on Why Canada’s Language Laws May Stop Government From Posting Access to Information Records Online
Canada’s outdated and discouragingly ineffective access to information system has languished for years to the frustration of many transparency advocates. One potential fix – or at least improvement – would be for government departments and agencies to make the full text of the records from access requests available to the public by default online. Yet the biggest barrier to that approach has been Canada’s language laws and a recent decision from Commissioner for Official Languages may have killed the possibility altogether for the moment. Dean Beeby, an investigative journalist and freedom of information specialist recently wrote about the case on his Substack. He joins the Law Bytes podcast to discuss both the case and how technology may provide a solution, if the government is open to some legislative reforms.
“A Lack of Commitment to Transparency and a Failure of Leadership”: Melanie Joly and Global Affairs Ignore Information Commissioner Ruling in My Request for Decades-Old Copyright Records
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.
The Law Bytes Podcast, Episode 173: Tom Cardoso on Access to Information and the Globe and Mail’s Secret Canada Initiative
Canada’s Access to Information system is now widely viewed as a failure, marked by extensive delays and processes that can be difficult to navigate. While the reforms continue to lag within government, the Globe and Mail has undertaken a remarkable project that does the work governments should be doing. Secret Canada is part giant ATIP database, part investigative series in the Globe in Mail on freedom to information. Led by Tom Cardoso and Robin Doolittle, the project is an exceptional resource that opens the door to better government transparency and greater accessibility of the ATIP system. Cardoso is member of the Globe’s investigations team whose work often combines freedom of information requests, data analysis and source development. He joins the Law Bytes podcast to talk about the challenges with Canada’s access to information system and the Secret Canada project.
The Law Bytes Podcast, Episode 143: Canada’s Information Commissioner Caroline Maynard on Why Government Needs a Culture of Providing Information Instead of Hiding It
Canadians using the Access to Information Act system frequently find that it is simply does not work as the legislation prescribes, with most facing long delays and widespread redactions. Canada’s Information Commissioner Caroline Maynard is trying to do something to fix that. She has been calling for legislative reforms, more resources, and leadership within government departments to prioritize providing information instead of hiding it. Commissioner Maynard joins the Law Bytes podcast to discuss the current system, how exceptions are often used too aggressively to limit public access, and what can be done to fix these problems.
Recent Posts
Going Through the Motions: How Parliament Is Shutting Down Study and Debate on Political Party Privacy 
Why The Senate Got Antisemitism Only Half-Right 
The Government Doubles Down on News Sector Support: Fiscal Update Opens the Door to Tens of Millions in Tax Credits for Bell, Rogers and Corus 
The Illusion of Protection: Why Canada’s Growing Push to Ban Social Media for Kids Won’t Work 
The Law Bytes Podcast, Episode 266: Justin Safayeni on the Ontario Government’s Overnight Evisceration of Access to Information
