Thank you, Mr. Chairman.
I am pleased to appear before the committee this morning to help you understand the role played by the Department of Justice in the enforcement of the Access to Information Act.
First of all, I would like to say that I have not seen the document entitled "Afghanistan 2006: Good governance, democracy and human rights". I was also not asked to provide legal advice to the Department of Foreign Affairs and International Trade regarding this document or any other similar document. Consequently, I am not in a position to provide you with any opinion about the way the document was processed as regards the enforcement of the Access to Information Act, even if it were my role to do so.
In reading the transcripts of your last two meetings, I have noted that the committee has some questions regarding the application and the interpretation of some provisions of the Access to Information Act. I would be pleased to answer your questions in this regard if it may help your understanding of the legislation.
As counsel with the Department of Justice, however, it would not be appropriate for me to provide you with legal advice on a particular question, but I will do my best to give you clear and precise answers. Before answering your questions, however, there are two general points that I want to make in respect of the Access to Information Act.
The application of the act is not a scientific process that leads to a predetermined answer. The context in which information exists and the divergent interests that must often be balanced make it a process that is more art than science. The law and the guidelines adopted by the Treasury Board give some structure to that process. But at the end of the day, it is understandable, in my view, that in applying exemptions and exclusions, two competent ATIP officers would come to a slightly different result. This is why there are review mechanisms built into the legislation.
Also, understanding why a particular exemption has been applied may also require the further disclosure of confidential information. This is why the investigations of the Information Commissioner are conducted in private and why the act puts limitations on the information that he can include in his report to a requester. Similar limitations exist in relation to court proceedings relating to the access act.
Mr. Chairman, that concludes my remarks. I would be pleased to answer any questions you may have.