Evidence of meeting #10 for Bill C-2 (39th Parliament, 1st Session) in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was information.
9:50 a.m.
Conservative
The Chair Conservative David Tilson
Okay, thank you.
Monsieur Sauvageau. No?
Then I have Mr. Rob Moore.
9:50 a.m.
Conservative
Rob Moore Conservative Fundy Royal, NB
Thank you, Mr. Chair.
I have a couple of questions. We've had a number of people who have come to the committee and think they have the perfect solution for access and transparency and more accountability in government. Many of them have said they like everything we're doing. We've had many who have said they like everything we're doing, except that they'd like to be excluded from it.
We understand that you have some proposals; you put them forward. In my view, this Accountability Act is going to open up government and make government more accountable.
There are some things that are in your proposals, such as access to the sources of journalists at the CBC, and we've discussed this. But there is a concern that I have. Someone who has been cleared of all charges because the charges were proven to be malicious or without validity would be subject to access to information. Many people feel that goes too far, that someone who has been wrongfully accused and has been completely cleared should not possibly have their name put out in public. I'd like your comments on that.
9:55 a.m.
Information Commissioner, Office of the Information Commissioner of Canada
Mr. Chairman, when a request comes in under the Access to Information Act, all of the 13 exemptions are automatically applied to all of that information.
The first thing that is often automatically applied is the Privacy Act. The Privacy Act and the Access to Information Act are joined at the hip, and we have responsibilities under the Privacy Act and under our own act to deal with those kinds of questions. These acts go a long way to protect the private information of individuals.
9:55 a.m.
Conservative
Rob Moore Conservative Fundy Royal, NB
In your remarks that were submitted to us, on page three it says: Since the tabling of Bill C-2, Minister Baird has heard me out about my concerns. I am grateful to him and the government for accepting my criticisms of Bill C-2 in the non-partisan spirit in which it was given.
Can you explain to me why you felt it was necessary to say that it was given in a non-partisan spirt? As an officer of Parliament, I would think that would be what was expected. Why was it necessary to put “non-partisan spirit”?
9:55 a.m.
Information Commissioner, Office of the Information Commissioner of Canada
I said that because it was in a non-partisan spirit, and in some of the cases of answering in the House of Commons, I felt that some of it veered to the other side. I wanted to make it clear that I had done this more in sorrow than anything else, because I had been anticipating that the open government act would show up as a large part and an important part of Bill C-2.
9:55 a.m.
Conservative
Rob Moore Conservative Fundy Royal, NB
Many people would feel that the non-partisan spirit would go without saying.
Can you comment a little on your report and the fact that it was leaked to the media before it was tabled in Parliament?
9:55 a.m.
Information Commissioner, Office of the Information Commissioner of Canada
I beg your pardon?
9:55 a.m.
Information Commissioner, Office of the Information Commissioner of Canada
There was, I am told. The accusation was made. The information that I had, after doing an investigation, was that....
You should understand that we had been getting an enormous number of calls after the bill was tabled.
9:55 a.m.
Conservative
9:55 a.m.
Conservative
9:55 a.m.
Information Commissioner, Office of the Information Commissioner of Canada
We were getting an enormous amount of pressure from members of Parliament who had phoned looking for private briefings, as well as people from the press. There were calls from a number of people.
I had sent out an advisory to the LISTSERV of the access to information community to which I belong, saying that I was going to be tabling the special report the next day and to alert them that this was going to happen. The reporters called and we were asked what we were going to say. They were told that if they took a look at the open government act and the Information Commissioner's last reports, they'd have a fairly good idea of what the Information Commissioner was going to say.
9:55 a.m.
Conservative
9:55 a.m.
Information Commissioner, Office of the Information Commissioner of Canada
The leak that exists is my fault because I'm the one who put it on the LISTSERV.
9:55 a.m.
Conservative
The Chair Conservative David Tilson
Excuse me, Commissioner.
Only one person can talk at the same time.
9:55 a.m.
Conservative
9:55 a.m.
Conservative
The Chair Conservative David Tilson
Mr. Moore, you asked the question to Commissioner Reid, and he was trying to answer it. You're going to have to let him finish. You opened the door, so let him finish, and then you can ask another question.
9:55 a.m.
A voice
If he's running out the clock, you can interrupt.
9:55 a.m.
Conservative
The Chair Conservative David Tilson
Well, if I don't interrupt, we'll have a big brouhaha here. Let Commissioner Reid continue.
9:55 a.m.
Information Commissioner, Office of the Information Commissioner of Canada
I've completed that.
9:55 a.m.
Conservative
Rob Moore Conservative Fundy Royal, NB
I guess I'm not clear on this. Was there a thorough investigation within your office to determine where the leak came from? Have you discovered where the leak came from? Has there been any disciplinary action?
9:55 a.m.
Information Commissioner, Office of the Information Commissioner of Canada
There was no leak because no information was given out directly on what the contents of the report would be; therefore, no information was given as to what the contents would be, and there cannot be a leak. But I did say that I had put on the LISTSERV that I would be tabling a report, and I did so.