Evidence of meeting #55 for Access to Information, Privacy and Ethics in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was report.
A recording is available from Parliament.
Noon
Director, Human Rights, Gender Equality, Health and Population Division, Department of Foreign Affairs and International Trade
I would need to reread those reports to see whether the word “torture” appears.
Noon
Liberal
The Chair Liberal Tom Wappel
Okay. I would suggest to you that they don't. I'm simply asking if you would agree with that. If you have to reread it, that's fine. Maybe you can have a few minutes to skim through it.
This is one of the things the committee is curious about. Whether you can respond or not is irrelevant. It's a fact that there are references to torture in three of the reports about Afghanistan and there are no references to torture in two of them. That's all I'm saying.
Mr. Tilson.
12:05 p.m.
Conservative
David Tilson Conservative Dufferin—Caledon, ON
Something was just said in regard to dealing with Mr. Esau's.... I don't know who I'm asking this to, so anybody can jump in.
Mr. Esau had two requests going, as I understand it. One was this global request and the other was specifically on Afghanistan. Were these made together or were they made separately? I wonder if you could just elaborate, because that's an issue that was raised to the committee when he was giving testimony. I'd like to hear your version of what those two inquiries were all about and what your response was to those two inquiries.
12:05 p.m.
Liberal
The Chair Liberal Tom Wappel
You said, Mr. Tilson, that you didn't know who to direct that question to.
12:05 p.m.
Conservative
David Tilson Conservative Dufferin—Caledon, ON
Well, I'll look at Ms. Kutz, because she nodded her head; she gave it away.
12:05 p.m.
Director, Human Rights, Gender Equality, Health and Population Division, Department of Foreign Affairs and International Trade
Both of those requests came to my division as the office of primary interest, so it was my division that responded to the request from the access to information office. Now, because the second request made no reference to Afghanistan, I think they may have been assigned to different case officers within the ATIP office. So they came from two different officers, channelled to my office, to deal with both requests on a substantive basis.
Thank you.
12:05 p.m.
Conservative
David Tilson Conservative Dufferin—Caledon, ON
This is to Ms. Kutz, I guess, unless someone else has some comments.
How does one determine whether there should be a redaction or a blacking out? How do you do that? I know we have guidelines and we have an act and we have...something in your head?
12:05 p.m.
Director, Human Rights, Gender Equality, Health and Population Division, Department of Foreign Affairs and International Trade
The officers review the text looking at the redactions that are allowable under the ATIP law that would apply to the Department of Foreign Affairs.
As we look at the document, some of the considerations we look at in terms of things that would be injurious to the capacity of Foreign Affairs to carry out its functions or would be harmful to the integrity of the diplomatic process are questions as to whether release of that information would bring danger to an individual, whether the release of that information would harm our capacity to continue to interact with the government in reference, whether the release of that information would be contrary to a confidential agreement with another government to protect information that is provided in confidence, or whether the release of information would apply to information that would be deemed to be privileged in nature by the person providing it. The release of information under all of those kinds of situations—and those are not exhaustive—would hamper the diplomatic service's capacity to continue to collect information from a wide variety of sources. Sometimes they are within the government in the country where the embassy is. Sometimes they are members of other foreign governments that are in that country. Sometimes they are individuals associated with international organizations operating in that country. Sometimes they are private citizens who typically are at greatest risk should the information be released.
Does that sufficiently answer your question?
12:05 p.m.
Conservative
David Tilson Conservative Dufferin—Caledon, ON
That's helpful, yes.
Again, to anyone...let's try Mr. Switzer. How are you all made aware of changes to the law when you're assessing whether there should be redactions or you're reviewing applications? I mentioned guidelines. You've heard the testimony, I'm sure, and read everything. But there are, from time to time—I think Ms. Sabourin referred to that in her testimony—changes to the law.
Maybe it's unfair that I'm picking on you, so to anyone, how are you all made aware of those changes? Are there reports that come out, or do you have meetings? What's the process on that?
June 19th, 2007 / 12:10 p.m.
ATIP Consultant, Access to Information and Privacy Protection Division, Department of Foreign Affairs and International Trade
One of the most recent changes came about because of the Federal Accountability Act, which added a section in the Access to Information Act. I believe it's the Information Commissioner or Treasury Board that then notifies the departments that these changes have been made. It's then up to the delegated authority—and also the analysts working on the file—to make sure they're aware that these sections are there and what it might mean to you when you're reviewing a file.
I believe that's the process.
12:10 p.m.
Director, Human Rights, Gender Equality, Health and Population Division, Department of Foreign Affairs and International Trade
One of the common methods—and it's not the only one by which departmental officials become aware of any changes in any kind of legislation—is through the system of broadcast messages, whereby the employees of the department who would be affected by changes to legislation are all advised of relevant changes to that legislation. Subsequently, offices of particular interest that have a very specific interest in that legislation would also be notified.
12:10 p.m.
Conservative
David Tilson Conservative Dufferin—Caledon, ON
There has been considerable testimony that you're all very qualified, expert people, which I'm sure you'll remind them when you're talking about salaries for the next increase. My question to you is this: is there a form of continuing education that Treasury Board or anyone offers you, collectively?
12:10 p.m.
Director, Human Rights, Gender Equality, Health and Population Division, Department of Foreign Affairs and International Trade
The department has an ongoing training program for a wide variety of issues of importance to the department. There are training courses on information technology. There are training courses on substantive issues. There are training courses targeted to different kinds of employees who are performing different functions throughout the department. There is informatics training. There is professional training. So there is a vehicle for the training of employees throughout the department, yes.
12:10 p.m.
Conservative
David Tilson Conservative Dufferin—Caledon, ON
With respect to these two applications that the committee has been discussing, do you have any facts that you can relate to the committee as to whether there has been a leak?
12:10 p.m.
Director, Human Rights, Gender Equality, Health and Population Division, Department of Foreign Affairs and International Trade
I have no information regarding any leak, sir.
12:10 p.m.
Conservative
David Tilson Conservative Dufferin—Caledon, ON
The other three people?
You're all shaking your heads no.
12:10 p.m.
Liberal
Glen Pearson Liberal London North Centre, ON
Thank you, Mr. Chair.
Thank you for coming in, all of you.
Ms. Nixon, when you gave your introduction you talked about how, when it came back to you, you did a “quality report”. Could you just tell me exactly what that is? Does that include a communications assessment?
12:10 p.m.
ATIP Team Leader, Access to Information and Privacy Protection Division, Department of Foreign Affairs and International Trade
A communications assessment how?
12:10 p.m.
Liberal
Glen Pearson Liberal London North Centre, ON
One of the other witnesses said that when these things come back, they do a communications assessment for how it's going to be released. Is that part of what you do?
12:10 p.m.
ATIP Team Leader, Access to Information and Privacy Protection Division, Department of Foreign Affairs and International Trade
No, not from a quality control—