Evidence of meeting #35 for Access to Information, Privacy and Ethics in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was powers.
A recording is available from Parliament.
Director, Laboratoire d'étude sur les politiques publiques et la mondialisation (ÉNAP), As an Individual
That's right.
Conservative
Director, Laboratoire d'étude sur les politiques publiques et la mondialisation (ÉNAP), As an Individual
The Commissioner can't impose fines. He can impose changes and directives and order changes to computer systems, but he can't impose fines. Financial compensation can be imposed by the courts under the Civil Code.
Conservative
Mike Wallace Conservative Burlington, ON
Because of your familiarity with the Quebec system—I have no familiarity with it--do they have a privacy impact assessment program similar to what we have here?
Director, Laboratoire d'étude sur les politiques publiques et la mondialisation (ÉNAP), As an Individual
No. Some departments and some agencies do that. It isn't a rule like that imposed by the Treasury Board Secretariat. I think this is major progress that must be taken and imposed everywhere.
Conservative
Mike Wallace Conservative Burlington, ON
So it's not a system that's used there now.
You mentioned in your introduction that you're an adviser to the current privacy commissioner, but you're not the privacy commissioner in Quebec. Is that correct?
Director, Laboratoire d'étude sur les politiques publiques et la mondialisation (ÉNAP), As an Individual
That's right. As I said in my remarks,
when I left the access to information commission, I decided I would let the new Commissioner do his job and not look over his shoulder.
Conservative
Mike Wallace Conservative Burlington, ON
That's very wise of you.
What influence did you have on the development of those quick fixes, if any?
Director, Laboratoire d'étude sur les politiques publiques et la mondialisation (ÉNAP), As an Individual
I had no influence.
Conservative
Mike Wallace Conservative Burlington, ON
I'm assuming this document was sent to you, or you at least picked it off the Internet.
Director, Laboratoire d'étude sur les politiques publiques et la mondialisation (ÉNAP), As an Individual
I picked it off the Internet last Sunday.
Conservative
Director, Laboratoire d'étude sur les politiques publiques et la mondialisation (ÉNAP), As an Individual
That's exactly right.
Conservative
Mike Wallace Conservative Burlington, ON
Okay.
As an adviser to the current Canadian commissioner, how often do you meet?
Director, Laboratoire d'étude sur les politiques publiques et la mondialisation (ÉNAP), As an Individual
We have two annual meetings.
Conservative
Mike Wallace Conservative Burlington, ON
I'm struggling here with the third recommendation on the privacy assessment. She would like to see an obligation through legislation. Do you have any comments to that? Do you think that's the right way to go? Is it actually a requirement, or is there another way of making it happen without having legislation?
Director, Laboratoire d'étude sur les politiques publiques et la mondialisation (ÉNAP), As an Individual
There may be other ways. I don't know. But what I'm sure of is that putting it in the act would compel all departments and agencies to apply those directives in standard fashion and at the same time. That would thus prevent errors, abuses and problems.
I think that's the beginning of wisdom. The same standard would apply everywhere. The Treasury Board imposes the privacy assessment. Where it observes from departmental reports that those departments have not conducted that assessment or have done it poorly, what will it do? It will go and tell the departments that that's not good and that they need only do better the next time, but the budget will nevertheless be allocated. There's no compelling force. A directive isn't an act. We're playing with a fundamental right, the right to privacy.
Bloc
Luc Malo Bloc Verchères—Les Patriotes, QC
Thank you, Mr. Chairman.
Thank you very much for being here with us this afternoon, Mr. Comeau. Your testimony is very, very interesting.
Before handing over to Ms. Lavallée, who will ask the essential part of the questions in this round, I would like to ask you for some clarification. The Commissioner is requesting the right to exclude or dismiss frivolous applications. It seems to me the word “frivolous” is a bit vague.
Can you tell me, based on your understanding, what the word “frivolous” means in the current context?
Director, Laboratoire d'étude sur les politiques publiques et la mondialisation (ÉNAP), As an Individual
I'm going to tell you about a personal experience. As commissioner, I had to hear complaints filed by a prisoner whom you all know. Following a heart attack that he had suffered in his cell, he requested access to all documents on the subject held by the prison, the hospital, the doctor and so on. It was un unbelievable job. They had just saved his life—this was the last straw—and he wanted to block the system by means of a request that had no relevance. It was absolutely unnecessary and frivolous.
Bloc
Luc Malo Bloc Verchères—Les Patriotes, QC
There will be no criterion for establishing what a frivolous request is. In your view, will that really be at the Commissioner's discretion?
Director, Laboratoire d'étude sur les politiques publiques et la mondialisation (ÉNAP), As an Individual
There are two answers to that question. There is a limited amount of settled case law on the subject in the provinces, and there's also common sense. That doesn't prevent an individual who is not pleased with the Commissioner's decision from filing a complaint in Federal Court to have that right respected.
Bloc
Carole Lavallée Bloc Saint-Bruno—Saint-Hubert, QC
Do I have any time left, Mr. Chairman? Thank you.
My speech will be in two parts. First, I would like you to react to my comment. It's true that people—among others, the RCMP and the Canadian Security Intelligence Service—have said they more or less agree on the recommendations. They said that those they agreed on were already being complied with. They already have directives that they comply with, that they will continue to comply with, and they don't want there to be an act on the subject. I get the impression it's an old record I've already heard from everyone who comes and sits down here, particularly from the private sector and from people who ask us to change nothing. It's like me telling police officers that I will definitely stop at red lights and that it's not necessary to have an act or to fine me if I go through one. That's the impression I get.
Director, Laboratoire d'étude sur les politiques publiques et la mondialisation (ÉNAP), As an Individual
You have to be aware that the acts that establish fundamental rights are always embarrassing, irritating and annoying for government and the private sector. Constraints are being imposed and burdens added; that's inevitable. However, I think that's the only way to respect citizens and to ensure that what is stated in the Charter and taken up by the Supreme Court corresponds to reality.
