Bill C-58 (Historical)

An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts

This enactment amends the Access to Information Act to, among other things,
(a) authorize the head of a government institution, with the approval of the Information Commissioner, to decline to act on a request for access to a record for various reasons;
(b) authorize the Information Commissioner to refuse to investigate or cease to investigate a complaint that is, in the Commissioner’s opinion, trivial, frivolous or vexatious or made in bad faith;
(c) clarify the powers of the Information Commissioner and the Privacy Commissioner to examine documents containing information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege in the course of their investigations and clarify that the disclosure by the head of a government institution to either of those Commissioners of such documents does not constitute a waiver of those privileges or that professional secrecy;
(d) authorize the Information Commissioner to make orders for the release of records or with respect to other matters relating to requesting or obtaining records and to publish any reports that he or she makes, including those that contain any orders he or she makes, and give parties the right to apply to the Federal Court for a review of the matter;
(e) create a new Part providing for the proactive publication of information or materials related to the Senate, the House of Commons, parliamentary entities, ministers’ offices, government institutions and institutions that support superior courts;
(f) require the designated Minister to undertake a review of the Act within one year after the day on which this enactment receives royal assent and every five years afterward;
(g) authorize government institutions to provide to other government institutions services related to requests for access to records; and
(h) expand the Governor in Council’s power to amend Schedule I to the Act and to retroactively validate amendments to that schedule.
It amends the Privacy Act to, among other things,
(a) create a new exception to the definition of “personal information” with respect to certain information regarding an individual who is a ministerial adviser or a member of a ministerial staff;
(b) authorize government institutions to provide to other government institutions services related to requests for personal information; and
(c) expand the Governor in Council’s power to amend the schedule to the Act and to retroactively validate amendments to that schedule.
It also makes consequential amendments to the Canada Evidence Act and the Personal Information Protection and Electronic Documents Act.

Access to Information

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

Madam Speaker, as always, it is an honour to rise in this place. A number of months ago, I had the opportunity to ask a question about access to information in Canada, and it is directly related to a study that is ongoing before the ethics committee. The simple and only way that one can accurately describe the Liberal record on access to information is one of failure, full stop.

A comment was made the other day that bears repeating in this place: Everything under the current Liberal government is broken. I hear daily from constituents about the cost of living that is unmanageable. We have a host of new government programs that are being created almost weekly to fix a problem that the government and the Prime Minister, and their flawed ideology created.

The reality is that Canadians are hurting. It seems everything is broken, whether that be passports, ethics and accountability, or any host of other things that we can point to, including Canada's reputation on the world stage.

It leads me to the inevitable conclusion that the Liberals are good at one thing and that is politics. When it comes to governing, to serving Canadians and to doing what is in the best interests of our country, they have shown time and again that they are terrible at governing. The consequence of that is no more clear than it is in the access to information system. Starting in the 2015 campaign, the now Prime Minister tweeted out that it was time for a government without a new scandal every day. It is unbelievable how many new scandals seem to be piling up on that Prime Minister's plate.

When it comes to the promises the Liberals made about sunshine being the best disinfectant, they have created a culture of secrecy. We heard, more times at the ethics committee today than I would be able to reference in the time permitted here, that there is this culture of secrecy, even when the Liberals claim to have fixed it. They are good at politics, but they have failed on delivering, because they brought in what they said were solutions to all the problems through Bill C-58 in the 42nd Parliament. However, the experts agree that it simply made the situation worse. Again, the Liberals are great at politics, and we hear that each and every day through catchphrases, slogans and an incredible ability to turn the issues of the day into something that is not their fault.

For seven years it has been these Liberals stewarding this country. I suggest, on every metric I can think of, that our country is in a worse spot today than it was seven years ago. What is worse is that they often take credit for the good management that took place prior to that. It is the height of hypocrisy when we see the arrogance with which so many issues are approached and all the ways that our country and Canadians are hurting.

When it comes to the access to information system, the culture of secrecy has to stop because Canadians are losing faith in the institutions of government, which is at the very foundation of what a modern democracy needs to have.

Government's Alleged Non-compliance with an Order of the House

[Dan Albas, Conservative, Central Okanagan—Similkameen—Nicola, BC]

Mr. Speaker, it is an honour to rise on behalf of the good people of Central Okanagan—Similkameen—Nicola and join this serious debate. Obviously, the privilege motion and the finding by the Speaker mean that all business needs to stop so that we can discuss this issue, because there are some critical things at stake.

I will quickly read the motion so that people who are just joining in can hear it. It reads:

That this House find the Public Health Agency of Canada to be in contempt for its failure to obey the Order of the House, adopted on June 2, 2021, as well as the orders of the Special Committee on Canada-China Relations, adopted on March 31 and May 10, 2021, and, accordingly, orders its President to attend at the Bar of the House, at the expiry of the time provided for Oral Questions on the second sitting day following the adoption of this Order, for the purposes of (a) receiving, on behalf of the Agency, an admonishment delivered by the Speaker; and (b) delivering up the documents ordered by this House, on June 2, 2021, to be produced, so that they may be deposited with the Law Clerk and Parliamentary Counsel under the terms of that Order.

I would like to share my thoughts with the House tonight, and I hope members will indulge me, because I will be relevant.

First of all, I believe that any government in Canada, regardless of its stripe, should have the following three qualities: (a) it should try to be ambitious; (b) it should be competent in carrying out its duties; and (c) it needs to be accountable.

With respect to ambition, the Conservatives might say that we love this country as it is, we want to keep the country moving and we just want to be excellent at delivering public services. I certainly saw a lot of that during the Harper government. However, this government decided it would do things differently, and with hand on heart said it was going to be open and transparent.

Then Bill C-58 came along. Members and many people will know that it changed the Access to Information Act. However, it did not achieve the goal that was stated in 2015, which was opening up ministers' offices to access to information. Now, today, I hear more criticisms of it because of COVID, as access to information is not there.

Then we heard, “Let's plant two billion trees." Well, we have lost a number of seasons already since that promise was made in 2019, and the Liberals said this year that they were going to plant 30 million trees, which is 1.5% of the total amount. To put that in context, in British Columbia last year we planted over 314 million trees. Again, words and actions are not in line.

Lastly, on electoral reform, many people in my riding still remember that the Liberals made a promise, hand on heart, that the 2015 election would be the last one under first past the post.

The reason I raise those things is twofold. First of all, it gives people a sense of where they are going. Second, as parliamentarians, we really want to be able to engage with people, and people want to be engaged. They want us to tell them what we are going to do.

Now let us move to the competence side.

I share an office with MLA Dan Ashton in Summerland, and when people come in, there is one thing I hear most often from them. When we found out that the government, through the Canadian Armed Forces, was going to be doing joint military exercises for winter training with the Chinese military, people got really upset. They came in huffing and puffing. The same goes for the CanSino Biologics vaccination orders. When the government said in May 2020 that it was going to be doing this, people asked, “Why would the government work with a country like that?” This has nothing to do with nationality or ethnicity; it is just about working with the Communist Chinese government, which is known for breaking international norms.

This brings me to what has happened at the Winnipeg lab. It is a world-class facility, but there are some serious problems there. People have asked what is going on.

This leads us from ambition to competence and now to accountability. This is where I come in, because my role is to hold the government to account. In fact, anyone who is not part of the executive, the cabinet or the government, and is a member of Parliament, must hold the government to account. That is responsible government. If the government cannot maintain the majority of support in the House, it falls and a new government comes in. Maybe it is after an election, maybe not; maybe a new government will form. However, that is the key point of accountability.

People ask these questions, but when we come to this place or go to a committee like the Canada-China relations committee or the health committee and ask questions of ministers, the ministers will not give substantive answers. In fact, they give answers that seem totally unrelated. They might be talking points, but the problem we have is that we cannot take those talking points back to our citizens, tell them these things and have them take us seriously.

Tonight, we heard from the member for Kingston and the Islands and the member for Ottawa South. The member for Ottawa South totally disregarded the motion. However, I asked the member for Kingston and the Islands something specific during debate: Does the member have knowledge of what is in the confidential documents that we are asking to look at so we can hold the government to account? He said no.

The ministers are not talking, but the members of Parliament who carry the government's water say there is no story here, there is nothing to see here and we are barking up the wrong tree. What are we supposed to take to our constituents? Multiple committees were stonewalled by the Public Health Agency of Canada. Maybe it was by order of the government. It sounds like there were some discussions back and forth, but ultimately we deserve the answers.

The government originally put out arguments about privacy. We know that the law clerk has a means to deal with that. The process is established and well done. I do not think anyone here would say that the law clerk has not done a spectacular job when it comes to monitoring privacy.

Then the Liberals spun off about national security. I take national security incredibly seriously, but by the same token, as a parliamentarian and an opposition member I want to hold the government to account. The ministers will not say anything, and the members who we debate with tell us that everything is magically fine and not to worry. They say we are barking up the wrong tree.

Where do we go now? How do we get these things done? We settle this by democracy. As Speaker Milliken pointed out, it is the right of Parliament to get unfettered documents.

We have put in place a process to make sure that national security and privacy risks are dealt with, but the Liberal government tried to slide this issue off to the NSICOP committee. It is a committee of parliamentarians, yes, but it is not of this chamber. It is not run in such a way that we, or even backbench Liberal MPs, can find out the information so we can judge for ourselves whether the government is doing a competent job regarding national security.

There may be serious breaches at the lab, where people need a very high security clearance. We have heard that the president resigned unexpectedly and that two members were fired. However, we cannot get basic answers about it. Then we found out that Ebola and other serious viruses were transferred with no material transfer agreement in place. We need those answers.

I do not know what is in the documents, but what I do know is that we have questions that need to be answered, and we will get answers. If we do not, what then? With a Prime Minister who has shown very little regard for Parliament as an institution, where will we go? This is what I always worry about.

We have been given a very special trust by Canadians. They basically tell us to hold the government to account and make sure it does good things so they can be proud of our institutions. That is a tall order. We will do that, but we will only be able to do it if we get the correct information. All members in this place want to be proud of being in this country. We want to know that our government is doing all it can to protect national security, and that it is doing so in a competent way.

Asking questions is not anti-patriotic. In fact, it is patriotic for us to say that we expect the best of our government. I do hope members will vote in favour of this motion.

Access to Information Act

[The Speaker, Geoff Regan]

It being 3:10 p.m., pursuant to order made on Tuesday, May 28, the House will now proceed to the taking of the deferred recorded division on the motion to concur in the Senate amendments to Bill C-58.

Call in the members.

The House resumed from June 17 consideration of the motion in relation to the amendments made by the Senate to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts.

[Rachel Blaney, NDP, North Island—Powell River, BC]

Mr. Speaker, I am here today to speak to the government motion on the Senate amendments to Bill C-58.

Before I do that, though, I also want to take this opportunity to congratulate my brother Toron and his wife Jacqui.Today is their wedding anniversary, and I know that they are spending the day with my nieces and nephew, Abby, Malcolm, Josie and Zylia. I just wanted to acknowledge that this is another day, as many of us know in this House, that we do not get to be with family. I wanted to make sure that they know that I am thinking about them today.

Today we are talking about something that is fundamentally important, which is access to information, the tools we have to access information as parliamentarians representing everyday Canadians, and how that information can be accessed by journalists and reporters in this country.

I have been in this place for almost four years. I have worked really closely with my constituents on these issues. I have talked to them about the different tools I have as a parliamentarian and where they need to go to get information. They need to feel more connected to the government and to the people who represent it here in this place. I am very passionate about this issue.

Today we are talking about Senate amendments that would improve what I felt was a bad bill by making sure that the Information Commissioner would have real teeth, real power, to address some of the issues that come up in this place.

One of the things I have found very distressing, and the member who spoke before me also addressed this issue, is how often folks request information and are given a letter from a department authorizing itself to delay. Someone asks a question and now is told that the wait will be another 200 days for that information.

One of the most startling examples was that The Globe and Mail reported in April 2018 that it took one year to receive RCMP statistics for its well-received investigative series “Unfounded”, which revealed that police have been dismissing one in five sexual assault claims as baseless. This is really important information. When we see these kinds of startling facts, we know that there is something happening in this place and in this country that we need to address. These important investigations need to happen so that we know that something in the system is not working that we need to see addressed in multiple ways. If that information is not released, how are we supposed to do our work, and how do Canadians trust us?

I asked a question earlier about cynicism. I see that growing. I see it growing all the time. I talk to people who are frustrated with the government. They feel that when they want information, they have no way of knowing it. The automatic response is that something sneaky is happening and that they cannot trust those people.

I think we need to discuss what happens to democracy when we have everyday Canadians feeling that every politician is sketchy. We have an oath in this country. We sit in these seats and represent thousands of our constituents. We have the honour, as I do, to represent hard-working people who do everything in their power to live a good life, look after each other and look after their community. If they cannot trust the people who represent them, that should concern every single one of us.

If information cannot be uncovered to understand how things work, and, when something seems unfair, why it happened, how do we build that relationship, and how do we improve democracy?

I just want to take a moment to acknowledge the member for Vancouver Granville, who used to be the justice minister. I have a deep respect for her. I have known her for many years. I am very proud to represent the nation she comes from. I am very proud to represent the people of her traditional territory.

When that happened with SNC-Lavalin, it sent shock waves through my riding. It was very personal. I had constituents from my riding calling me and saying that she was in their class, that they know who she is, that she was from their family. They could not believe what was happening. They asked, do Liberals not know who she is, because they know who she is? Constituents were frustrated by the lack of information. They were frustrated by the process that unfolded. It was very troubling to them.

When I think about that and look at that happen, it takes away that sense of trust and connectivity. It brings all of these issues to the forefront when they are not addressed in a good way, and, in my opinion, these issues were not addressed in a good way. A lot of constituents contact me and say that they still do not know what happened, but that what happened was not right.

We look at the systems, and that is important. As legislators in this place, what we look at, debate and discuss is the process, how something is going to happen. Right now, we know that the Information Commissioner still will not have the ability to review whether in some cases like that one cabinet confidence is being claimed and whether it should be claimed.

I think about this a lot. I want to see a better democracy. I was very frustrated when the government campaigned to have electoral reform. It was very meaningful. I did multiple town halls in my riding. It was really interesting. People came forward. They were not sure and they did not know if they wanted to move to a different system, but they wanted to talk to me about it. They wanted to hear information. We tried to bring people in who were non-partisan to talk about different systems and how they would work. We had a lot of intelligent questions.

I will admit, people walked out the door saying that they were not sure; they were not sure if that was the right way to go forward. However, when they were told that it was no longer a discussion, when the Prime Minister stood up and said that Canadians do not want electoral reform, people were upset. They felt that they did not get to be a part of the decision-making process. That is really important.

Sometimes people get frustrated in this House, and they let us know by their heckling. However, we need to look at these systems. We need to make sure that everyday Canadians are part of the decision-making process. When that does not happen, we should have systems in place for them to be able to find out why it did not happen that way.

Again, we are seeing a failed piece of legislation. I am really disappointed. It is another broken promise. One of the things that was talked about in the last election was making sure that the PMO and the ministers were subject to these acts. That was one of the promises of transparency, that Liberals were going to do it differently and that Canadians would see a more open, transparent government.

Unfortunately, what we are seeing, again, is that the PMO is still blocked off. It is something to really think about. When everyday Canadians cannot get access; when journalists cannot get information from these particular departments, these ministries, what are we telling people? We are telling people that their voice does not belong in those places. However, they do belong in those places. In fact, we are here to represent those very voices.

I am really disappointed in this legislation. I think we could have gone so much farther. It is time for daringness. When I listen to constituents in my riding, what they want to see is honesty, openness and an authentic touch. They do not want to hear lines repeated. Some people think that if they just keep saying the same thing over and over that people will believe them.

However, when we look at democracy, the invigoration of democracy, and when we talk about why people do not get out to vote, it is because we are allowing cynicism to grow. We are not making sure that we open these doors and allow things to go forward.

Toby Mendel, the executive director of the Centre for Law and Democracy, said, in response to this bill, “The proposed reforms are just not good enough. At this point, we need root and branch reform, not incremental tinkering.”

I am a person who stands in this House, who looks at a lot of legislation. Most recently, in my role as vice-chair of the indigenous and northern affairs committee, we looked at Bill C-92, which talked about indigenous children in care. One of the things that was really heartbreaking for me is what I see happening again and again, which is this: “We will do a little better. It will not be enough. It is not going to save people's lives in a profound way. It is not going to look at the very foundation of the things that are broken. But we are going to make it a little prettier on the surface, and hopefully that will fix it.”

A little bit better is not good enough. It is not good enough for democracy, and it certainly is not good enough for indigenous children in this country who are struggling in profound ways every single day.

We were told very clearly that the new score for Canada would be 92 out of a possible 150 with this legislation. That means we would get bumped up from 49th to 46th.

I do not like our country to be in the middle. I want our country to be challenged to do better, because I want Canada to be at the top. I want other countries in the world to see the work we are doing in this place and think they have to aim higher because of what Canada is doing. I want them to look at how accountable we are to our constituents, to the Canadian public, to our reporters, and that we are not afraid to have these discussions, even if they are really painful and really hard.

We have to talk about really painful things in the House. If we are not brave enough to do that, if we do not allow people to have the information they need to make decisions for themselves, it is like saying that we are separate. However, we are all one.

I remember one of the elders in my community, Alberta Billy, telling me that a long time ago the cedar trees were so big that they would go into the forest and pick one to build a canoe for the community. They would respect that tree and then they would make a canoe out of it to be used by the community.

We do not have those big trees anymore. We have to find two trees now and find a way for them to come together. Finding two trees that are going to fit seamlessly together is a lot of work. That is the world we live in now. We do not have those big trees.

If we look at that canoe as if we were all in this together, then we know we have a western world that came here as colonizers and we have an indigenous world and we are trying to build a canoe together.

Let us look at the fact that indigenous communities around this whole country had great systems in place. Let us look at how we can do better, be more accountable to the people we serve. That is what a leader is. It is the person who follows behind, who serves from behind. This legislation fails to do that.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, as we debate Bill C-58 tonight, I cannot help but share the disappointment of my colleagues on the NDP benches. We were promised that this access to information legislation would create information available essentially by default, with more transparency.

I recall that when I used to practise environmental law, the joke among all of us at the time was that Canada's access to information legislation constituted freedom from information.

Now, we know that quite a lot of amendments were made in the Senate, and I know that the hon. parliamentary secretary wants to make sure that we are not caught in a time warp where we miss them. It is important to note that a lot of those amendments came from the government side. Amendments tightened up some of the language around vexatious questions being used as an excuse to reject access to information requests. However, I still find that this legislation falls far below the bar of what was promised. We did try, as Greens, to improve this legislation. I had 18 amendments come before the committee. Lots of us, as parliamentarians, tried to improve this legislation.

Given that there were some improvements, some significant ones from first reading, is there any temptation on the NDP benches to pass it as marginally better, or is it better to defeat it because it falls so far below the mark?

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Mr. Speaker, I would like to thank my colleague from Beloeil—Chambly. I have been here for 15 years and I have never seen a more dedicated member of Parliament. He is a good representative for his region, which I know very well from going door to door in the Chambly area. He is always here and he asks questions that get to the heart of his constituents' concerns. Like many other members, I continue to be very impressed by his work, his dedication, his discipline and his way of addressing people's concerns. I thank him for his excellent work. He just asked an excellent question.

Transparency and access to information are not rocket science. Witnesses told us what to do. They said that Bill C-58 was inadequate. The Information Commissioner said that he preferred to keep the status quo rather than seeing this bill pass. The Liberals refused to listen and include in the bill all the solutions, amendments and recommendations that were proposed by witnesses and the NDP. We proposed three dozen amendments.

The Liberals had all the solutions they needed in hand. We were not asking them to do the work. We were simply asking them to agree to let the NDP do it for them, because we were chosen to be the watchdog of Canadians in the House of Commons. We are always seeking to improve legislation. All the Liberals had to do was accept the work that we did for them and for all Canadians. Unfortunately, they refused to do so. They said that they would not accept the amendments or the testimony and that they were going to do as they pleased. That is why we have here a bill that is just a tiny step forward when we could have made some real progress. That goes against everything the Liberals promised in 2015.

As the member mentioned, in 2015 the Liberals promised democratic reform. They promised to put an end to omnibus bills, which are undemocratic. They also promised to work with the opposition parties and all members. Instead, they are imposing gag orders, a bit like in the 1950s, when the opposition was prevented from saying one more word about bills once a closure motion was adopted.

For all those reasons, I would say that this is yet another missed opportunity on the part of the Liberals.

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Mr. Speaker, I have to comment on what just transpired. The Liberals are slapping each other on the back because they passed a motion that is meaningless. Tomorrow they are going to rubber-stamp the Trans Mountain pipeline, which will dramatically increase greenhouse gas production in the country. The hypocrisy is beyond belief.

That is extremely appropriate when we see the hypocrisy contained in Bill C-58, which should be called “another Liberal broken promise act”, because, again, the Liberals are breaking the solemn commitments they made back in 2015.

Members will recall that back in 2015, the Prime Minister made a whole series of commitments, including that he was going to work with all members of the House of Commons. Instead what we have seen is a new tool, never used in parliamentary history before, gag closure.

It is a particular motion that does not allow opposition members, once the gag closure motion is moved, to even utter one word on government policy, to offer any amendments, to ask any questions, to, in any way at all, intervene on the bill, the legislation, the business before the House. It has been moved several times already in the last couple of weeks. So much for the solemn commitment to improve the functioning of Parliament.

The Liberals also promised they would do away with omnibus legislation. The Harper government was renowned for that, throwing a whole bunch of different bills into one piece of legislation and throwing at the House of Commons. It was profoundly disrespectful to members of Parliament and profoundly disrespectful to Canadians.

However, the Liberals have doubled down over the last four years. They have now presented more pieces of massive omnibus legislation than in any other Parliament in our history.

Members will recall that Liberals and the Prime Minister talked about bringing in democratic reform, actually reforming our election process so every vote would count. That would make a lot of sense. Canadians voted for that. The Liberals only got 39% of the vote and yet they have 100% of the power in the House of Commons. They bring in gag closure, they bring in omnibus bills and that promise, that solemn commitment to bring forward democratic reform has been thrown away.

The Liberals also talked about dealing with climate change. Tomorrow they will be rubber-stamping a pipeline that will destroy any opportunity for Canada to meet any commitments that have been made internationally.

The member for Rosemont—La Petite-Patrie estimated that even before the pipeline, it would take Liberals 200 years to meet the Paris commitments. The planet will not exist at that time if Canada continues to be as irresponsible as the government has been, both under the Conservative government and the Liberal government.

The Prime Minister solemnly promised he would address the massive housing crisis in the country. Tragically, we know that is not the case. The Liberals said that they would address the health care crisis and promised, yet again, that they would bring in pharmacare. I think it is the third time, with a Liberal majority government, that Liberals promised to bring in pharmacare and yet have failed.

After four years, we have a litany of broken promises. Perhaps one of the most significant promises, even though this bill has not attracted a lot of interest, is the broken promise on information being provided to the Canadian public. That is why I call Bill C-58 the “another Liberal broken promise” bill.

The Liberals committed back in 2015 to provide information to the Canadian public. That makes a lot of sense. Canadians have a right to information from the government. It does not belong to the Harper government. It certainly does not belong to the Liberal government. That information belongs to Canadians.

Putting in place an effective information regime that allows people to access information, important government information, important information that should be available to the public, was a commitment the Liberals made back in 2015. Like so many other commitments, it has ended up on the scrap heap.

The Information Commissioner called Bill C-58, the “another Liberal broken promise” bill, regressive and went so far as to say that the access to information regime would be better under the status quo than under Bill C-58.

Is that not a sad commentary, that a Liberal government, four years later, has so little to show for itself except for a litany of broken promises solemnly delivered in 2015? Canadians believed them. I certainly thought, and I think most Canadians believed, that when the Prime Minister made those solemn commitments that he had at least the intention of keeping them. However, the Liberals have not. As the Access to Information Commissioner reminds us, the bill that the Liberals have brought forward is worse than what currently exists.

How did the Liberals fall so short? Despite committing to so many things, discarding their promises on the scrap heap of broken Liberal promises history, how did they even get the access to information wrong? Four points need to be brought to bear regarding why the Liberals failed so lamentably on access to information.

To be sure, the Conservatives did the same thing when they were in power. They said they would enhance access to information for the public, recognizing that Canadians felt they should have a right to access the information that was available to the federal government. It is a fundamental tenet of democracy, that information available to the federal government is available to Canadians. When we do things in the House of Commons and speak in public, that information is available. When government ministers do things in private, that should also be available through access to information.

It is the Canadians' government. It is Canadians who choose their parliamentarians. It is Canadians who ultimately decide who governs them. Because of this, it is fundamental that Canadians have access to information.

Bill C-58, which is worse than the existing access to information law, has a number of key exemptions or shortcomings, deliberate attempts to undercut the access to information regime that the Liberals planted in the legislation. It has essentially put poison pills in the legislation. They have a beautiful title about enhancing access to information, but we must look at the details, as New Democrats do. We always do our homework and always pore through legislation to ensure there is at least a semblance of reality in what is written in the legislation, as opposed to the political spin that comes from the Liberal government.

First, there was a recommendation that the coverage of access to information include ministers' offices and the Prime Minister's Office. This is another key commitment from the 2015 election that has been broken. Given the incredible scandal regarding SNC-Lavalin, it is absolutely fundamental that Canadians can access information related to what transpires in the Prime Minister's Office and in ministerial offices. It is a no-brainer. So many democracies around the world have already incorporated into their access to information regimes that ministers' decisions and decisions of the prime minister's office, that type of correspondence, are subject to access to information rules. Unlike in so many other democracies, the Liberals deliberately exempted the Prime Minister's Office and ministerial offices.

Second, as the Information Commissioner has long recommended, there has to be appropriate sanctions for non-compliance. If the government or government members try to get around access to information rules, there should be sanctions for that. However, that is absent from the bill as well.

The Information Commissioner was critical of what the Liberals offered in access to information, because it would do nothing to reduce delays or extensions. This means the Liberal government can basically rag the puck and ensure that information is not available to the Canadian public.

In the last Parliament, when the New Democrats were the official opposition, we spoke out repeatedly about the Harper government doing this. It simply delayed things beyond belief to ensure that for all practical purposes, access to information was simply not available. Again, the bill would do nothing to address this.

The bill would also do nothing to narrow exemptions for ministerial advice or cabinet confidence, ensuring that, with a broad brush, the Liberals could simply stop the access to information system to which Canadians have a right.

This is the fundamental point I need to make. Yes, Liberals made a whole series of commitments that they have ripped up with complete disregard to the solemn commitments made to the Canadian public. They basically threw them out the window.

However, in terms of access to information, this is one of the most egregious broken promises. The Liberals could have approached this in an open way. They could have said that they actually do want to make sure Canadians have access to information from their government and that this is a fundamental aspect of democracy. They could have said that they would work with the NDP, because we have always been the number one champions in this House of Commons for access to information. We believe fundamentally in it, and, as in so many other areas, we and members in the past have always championed the most effective approach possible on access to information, including the member for Timmins—James Bay, who has felt very strongly about this and has worked in this regard for years.

The Liberals could have done that, but instead they rejected the NDP amendments and refused to improve this. We now have a bill before us that can only be chalked up as another Liberal broken promise. As the Information Commissioner said, the status quo is actually better than what the Liberals have produced. That is a shame, and we are voting against it.

The House resumed from June 13 consideration of the motion in relation to the amendments made by the Senate to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts.

Bill C-58—Notice of Closure Motion

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I wish to give notice that with respect to the consideration of the Senate amendments to Bill C-58, an act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other acts, at the next sitting of the House a minister of the Crown shall move, pursuant to Standing Order 57, that the debate be not further adjourned.

Bill C-58—Notice of time allocation

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, I would like to advise that agreements could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the consideration of certain amendments to Bill C-58, an act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other acts.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage of the bill.

Access to Information Act

[Peter Julian, NDP, New Westminster—Burnaby, BC]

Mr. Speaker, the member for Victoria is a tough act to follow, but I will do the best I can.

I will start by saying there is wide gulf between what the government promised in 2015 and what it has actually delivered. It is quite saddening to every Canadian who believes in parliamentary democracy and believes the people should have the right to determine the destiny of this country. We see the government having repeatedly betrayed the promises the Liberals made during the election campaign in 2015.

I will not spend too much time on the litany of broken promises, but certainly one is on democratic reform. In 2015 we were supposed to have the last first past the post election which is undemocratic. We are now going into another election with the whole aspect of democratic reform gutted, ripped up. It is a promise that has been thrown on the floor and trampled on.

The government wanted to take action on the environment. Instead, we get the Trans Mountain pipeline that the government has spent billions of dollars on and will spend tens of billions more as construction costs escalate.

When we talk about the House of Commons and respecting parliamentary democracy, we had the Prime Minister promising in 2015 an end to omnibus legislation, legislation that ties together a whole range of unrelated items. Instead, the Liberals have doubled down and created some of the most monstrous pieces of omnibus legislation that the House has ever seen in a century and a half.

The Prime Minister during the election campaign talked about eliminating closure and working co-operatively with the opposition parties. Instead, what we have seen this week is the most toxic muzzling of the opposition that has ever occurred in our history, toxic closure motions that allow only one member to speak. The government has used this device a number of times now. Once the government moves the motion, one member gets to speak. Most often it is a government member, and there is no time for questions or comments or anything by the opposition. Opposition members represent more than 60% of the Canadian population and they are completely muzzled and shut down.

We just saw the spectre of the worst Thursday question response that this Parliament has ever seen. There has always been respect for Parliament that when the Thursday question is offered by the official opposition House leader, a role which I played in the last Parliament, the government then gives some idea of the legislation to come before the House in the following week. For a century and a half when that question has been asked by the official opposition, the government has been forthcoming. It does not mean that sometimes agendas change, but there has been some inkling of the business to come before Parliament in the following week.

Today, we saw the government remove its mask and show its real face. There was no information forthcoming at all to any member of the opposition or even any member of the government side. We do not know when the Conservatives will get their opposition day. We do not know when the supply votes, which should take us a good part of the day and probably all night, will occur. We do not know what legislation is coming up on Monday morning. Members of Parliament will be leaving this place this week with absolutely no idea of what is coming before the House in the subsequent week. That is the first time any government has attempted to override and ride roughshod over parliamentary rights in our nation's history. It was absolutely despicable to see that.

This is not a small matter. When we think of all the members of Parliament having to organize their travel schedules to make sure they are here for those supply votes which often take 24 hours, for Conservatives to know when their opposition day is coming forward so that they can offer their suggestions, which often I disagree with, but always respect their right to offer them for what Parliament and the government should do moving forward, all of those things have been put in complete suspension. Members of Parliament now have to wait to see what the government will be bringing up Monday morning. It is unbelievable.

Therefore, when we talk about Bill C-58, it is in the same framework of broken promises and abuse of parliamentary democracy.

All members of Parliament have a role to play in the House of Commons. All of us should have the ability to represent our constituents. However, the government provides nothing but a blank slate, saying, “We'll let you know Monday morning what is actually going to come before the House. We're going to let you know, Conservatives, when you can offer your opposition motion. We're going to let all members of Parliament know when we are getting into the 24-hour voting cycle.” For those members of Parliament who also have to be present in their constituency and for those members of Parliament who also have family obligations, this disrespect for Parliament is unbelievable. It is unbelievable not to provide any sort of indication whatsoever about what is going to transpire in this place from Monday morning on.

Access to information starts with that. If the government respected access to information, it would start with parliamentarians, by saying to them, “Here is the schedule for next week. It may change, but here are our intentions about the bills to come before the House.” Yes, the Senate influences that, I have no doubt, but to give some sense of what bills may be coming forward, when the opposition day is or when we will be having all-night voting is just a modicum of respect and information that needs to be provided to parliamentarians.

The Liberals have done the same thing to Canadians that they are doing to members of Parliament. We now have Bill C-58, which was deeply flawed. It was criticized from right and left, from people who believe that Canadians have a right to access the information that belongs to them. This is not a Liberal dictatorship, or I certainly hope it is not or will not become one. Liberal governments, like all governments, should govern in the interest of all Canadians. There is no doubt that there is a fundamental right to information that all Canadians possess.

However, the Liberals presented a flawed bill. The New Democratic members and members of the other opposition parties all came forward with helpful suggestions that would make a difference and make a bad bill a fairly good bill. Liberal members on the committee and in the House simply gutted that and refused those amendments. The bill then went to the Senate, and the government had an opportunity to get amendments from senators. We might believe in the abolition of the Senate, but it certainly has a role to play right now, and it improved the bill, again. I think people were generally optimistic that at least the bad bill had become a fairly good bill, yet the government has gutted that again.

Ultimately, it is disrespect for parliamentarians, and it is disrespect for Canadians. For that reason, New Democrats will be voting against the government's proposal.

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, I would like to thank my colleague from New Westminster—Burnaby for his very kind remarks.

He talked about the amendments. I was involved in bringing forth some 36 amendments to Bill C-58 at committee. Many of them were deemed inadmissible because they were beyond the scope of the bill we were amending, but they were part of the package that all of those academics and activists and journalists had asked us to bring forward. Twenty were ultimately accepted as admissible, but of course, the government disallowed every single one of them. Why the Liberals are opposed to this I do not know.

Journalist Jeremy Nuttall, who writes for the Tyee, talks about writing cheques for $5. People have to pay $5. It costs the government way more money to cash the cheque than to do otherwise. One cannot go online like can be done in British Columbia with a credit card and request the information.

The Liberals pride themselves on updating the bill but they are stuck with this horse and buggy bill. It is very hard to understand why they would not take the opportunity to improve it. It is not like all of the provinces have not done stuff that the government could learn from. The Liberals are so rigid and do not seem to accept that we can do it better for Canadians. I am not suggesting that the provinces' legislation is perfect by any stretch, but it is so much better than what we have here.

[Chris Bittle, Liberal, St. Catharines, ON]

Mr. Speaker, anyone who is from St. Catharines should be listened to, and I appreciate that.

The current Information Commissioner, Caroline Maynard, noted that our proposed legislation is “definitely a better bill than what we have currently”. She said that her predecessor's call for changes has been responded to. She said, “I am really hoping that Bill C-58 will be passed.”

I am wondering if the member could comment on that and why that differs from the NDP's position on the bill.

[Murray Rankin, NDP, Victoria, BC]

Mr. Speaker, I am honoured to participate in this important debate. I want to say at the outset that what we are technically addressing is a motion by the government that would refuse the 19 or 20 amendments to Bill C-58 that were proposed by the Senate. The NDP opposes the motion. It cannot support a bill that does not include the amendments that were brought to this place by the Senate. I will explain why in my remarks.

It is a very disturbing situation we find ourselves in. During the election campaign, the government committed to transparency. Indeed, the Prime Minister, when in opposition, introduced Bill C-613, an act to amend the Parliament of Canada Act and the Access to Information Act. We could call it the transparency bill. Bill C-58, therefore, is not something the Liberals simply decided to propose on a whim. It was the result of a considered effort by the government to deliver on an election promise on transparency.

It was a total disappointment when it came forward. That is not me speaking. It is from the former information commissioner of Canada, Suzanne Legault. Members know, just as I do, how unusual it is for an independent officer of Parliament, such as the Information Commissioner, to give the kind of criticism I would like to read into the record today.

On September 28, 2017, when the bill first came forward, she said that bill would “take people’s right to know backwards rather than forward”, according to the National Post. The article went on:

In her first substantive comments on the legislation, [the former commissioner] said the measures fail to deliver on Liberal election promises. “If passed, it would result in a regression of existing rights.”

She put forward 28 recommendations to improve the legislation, and they are not found, in any significant degree, in Bill C-58. That is why, when I stood in this place during debate on the bill earlier, I reluctantly said, with sadness, that we had to oppose the bill. If the government is not even prepared to take the baby steps represented by the Senate amendments, clearly we cannot afford to pass what even the commissioner so eloquently said was a regressive bill. She is right, for reasons I will come to.

Like the member for Louis-Saint-Laurent, who is justly acclaimed for his awards in the world of journalism, I received an award as well for my work on freedom of information. It was from the hon. Ged Baldwin, who was once the member of Parliament for Peace River, for work I did at graduate school and then with the Canadian Bar Association, so many years ago, lobbying for an access to information act. It was modelled on legislation other countries have taken for granted. The United States has had it since the sixties, Sweden since the 18th century, and so on.

Finally, Canada got an access to information act. However, it is old. It was passed in the eighties. It is from horse-and-buggy days, yet some of those old features have not been corrected in the bill before us.

I care deeply about the issue. I think it is central to a democracy. The Supreme Court of Canada has called the right to know, freedom of information and access to information a “quasi-constitutional right” Canadians have. When the former commissioner says that the bill is regressive and is a step backwards, despite the bold promises of transparency the Prime Minister made when he was leader of the third party in the House, we can imagine the disappointment of Canadians.

Of course, it is not only this Canadian who has that disappointment. I should point out that Canadian Journalists for Free Expression and the Centre for Law and Democracy called the bill “inadequate” and asked that the government withdraw it.

The Senate has brought forward improvements, and for the government to say it cannot even go there is frankly shocking.

What is wrong with the bill? I do not quite know where to start. One thing it gets right, I concede, is that for the first time, there is an order-making power for the commissioner.

Just to step back, what should an access to information act contain? It should contain three things.

First, it should contain a general statement that the public has a right to government records.

Second, it should have obvious exceptions to that rule. We can all guess what they are. They are all included in this legislation, and then some. They include cabinet confidences, business information, policy advice, solicitor-client records and information that if disclosed would be injurious to national security or international relations. There are the rules, and there are exceptions.

Third, there should be an independent umpire in the game. Until this bill goes through, that umpire, the Information Commissioner, has only been able to make recommendations, which the government has frequently ignored. Now there would be something like an order that could be made and enforced in the Federal Court. That is something I believe is worth support. I also support that there would be a legislative review of these provisions within five years. I think that is good.

I talked about Liberal promises. One thing the Liberals talked about constantly in the last election was that the bill would be extended to the Prime Minister's Office and ministers' offices. Those records would be available. They are available in provincial laws. They are certainly available in my province of British Columbia. That was a black and white election promise that has now been broken by the current government. There is no way to sugar-coat that.

The Senate amendments would improve it and give it a bit more teeth, but that is simply not on in terms of this legislation. I am grateful to the Senate for the 20 amendments that would, if passed, allow us to begrudgingly accept the improvements in this bill. However, the government has now put us on notice that it does not want to go anywhere near them. It likes the bill the way it is, despite the fact that it was castigated by everyone who knows about access to information in Canada. The academics and journalists who studied it and the advocates out there who use it as a tool to hold their government to account all said that it is not going to work and that it is just not enough. That was sad to me.

In opposition, the Prime Minister said, “a country's access to information system is at the heart of open government.”

I talked about transparency. The Liberals seemed to like it in opposition. The Prime Minister said during the campaign, “transparent government is good government.” That was something he said during the campaign.

Let us get more specific. He said:

We will...ensure that Access to Information applies to the Prime Minister’s and Ministers’ Offices, as well as administrative institutions that support Parliament and the courts.

Unfortunately, that did not happen in this legislation.

What the government likes to talk about is what it calls proactive disclosure, which is a good thing. That is when a minister travels and puts his or her expenses on the website so Canadians can see whether there has been abuse. That is done proactively. If one goes to the website, there it is. Frankly, it is old hat in Canada. It has been around for decades in the provinces. However, as much as I like that, the fact is that it is not what people want. If they want to apply to that minister's office to understand about a particular contract or something for which the minister is responsible, they cannot get anywhere with it, because the ministers' offices are not subject to the law. It is a bizarre aberration.

I had the good fortune of being the unpaid adviser to the attorney general when B.C.'s freedom of information act was brought forward. I can say that we did a lot of consultation. I think there were 52 amendments made on the floor. The bill was passed unanimously and was praised as the best bill in the Commonwealth when it came forward. Unfortunately, it needs more work. I hope it is amended, like this bill. Nevertheless, it was the gold standard at the time. There was never any question about ministers' offices not being covered.

The government has what is called in the trade a “Mack truck clause”. It was not changed. It is the clause that was section 69 in the original bill, the cabinet confidences Mack truck clause. What does that mean? Rather than just being an exemption, an exception to the rule, of which I spoke earlier, the act does not even apply to it. What does that mean? It means that we cannot have the commissioner's office or anyone else deciding whether stuff has been stuffed into a cabinet record to evade the law on the right people have to access information. It is called a “Mack truck clause”, or often, “cabinet laundering”. That means that the government sticks a record in the cabinet. I am not saying that this happened. I am not suggesting bad faith, but it is certainly possible under the law. That is why it was so criticized during the day.

What else does the Senate do that the government will not go near? We have heard a lot about Mark Norman today. The Senate would add a clause that would create a new offence forbidding the use of any “code, moniker or contrived word or phrase in a record in place of the name of any person, corporation, entity, third party or organization” with a view to evading the duty to disclose and release records under the act.

We all know why that is there, because it is notorious that to evade the law on access to information, the Department of National Defence did not even use the name of Mark Norman or his rank. It used a phony word, contrary to the spirit of the act and certainly the letter of the act. This would make it clear that this could not be done in the future, which seems to be good public policy.

It seems to me obvious that if the government intends to evade the letter and spirit of the act, as this government has done, we would want to correct that misbehaviour. The Senate saw through that, proposed amendments and brought them here, and the government has not even allowed us to talk about them. We are going to just put them all aside. That is quite disturbing. It is not a theoretical problem, in other words. It is a real problem that the Senate wanted to address, because we got wind of it in the litigation involving Mark Norman. The government will not fix it. It does not even want to go there.

There are some other changes that are technical in nature, but the big principle is that the bill, after so many years of ossification, is rusting out. The bill came forward before we even had computers, and now the government is doing tinkering and patting itself on the back for doing what in other jurisdictions has been the law for a generation.

I am hard pressed to find things to say about the bill that are positive. I appreciate the fact that there would be a five-year review and that, as I said earlier, finally, in keeping with all the provinces' laws, the order-making power would be available to the commissioner. That is pretty thin gruel after all these years. Nevertheless, it has to be acknowledged as a positive change. However, on balance, the bill is very, very disturbing.

I wish I could be here saying that the bill has merit. I wish I could be saying that there were some of those things I talked about, like cabinet confidences being a regular exception for which courts and others would have the theoretical ability to review disclosure decisions, but there is nothing here that would do that.

There is another issue. That is the duty to document. One of the modern issues that has come forward is that to evade the public's right to know, there is a great oral tradition that seems to have emerged. Things are not written down in government documents. Either little yellow stickies are put on them, which are removed when disclosure applications are made, or, more frequently, a record is not made at all. We have seen that in British Columbia, the development of the so-called oral culture of government.

The notion of documenting and having a duty to record for future generations and others just exactly what decision was made and for what reasons is lacking. In administrative law, there has been a growing commitment, the courts have found, to provide reasons for decisions that are made. Sometimes access to information has been a tool to elucidate the reasons a particular decision was made, so people have been calling for a duty to document. There is no such thing in this law, I am sad to say.

In conclusion, the government has taken off the table all the work the Senate did that would have made it possible to support this bill. The Senate amendments made it better, said Caroline Maynard, the Information Commissioner of Canada. Had those amendments gone through, the New Democratic Party would have supported this bill.

To take all those amendments off the table and leave what has been soundly criticized, in all quarters, by academics, user groups and journalist groups, and say that we should be happy with what is remaining is simply an outrage. We cannot dignify this with our support.