Mr. Chair, let me open by thanking the members of the committee for permitting me to appear before you this afternoon.
I wish to keep my opening remarks short for two reasons. First, I have a sense that our article published in last Monday's The Hill Times has already alerted you to our position on the 12 recommendations submitted by the Information Commissioner on March 9, 2009. Second, we have provided each of you with a written submission that contains additional reasons and details on why we oppose these recommendations for change.
We are absolutely convinced that what ails the access regime cannot be cured by tinkering with the act. We believe that for the time being the act should remain as it is. Instead, energy should be deployed to identify and correct the systemic deficiencies and obstacles now afflicting the access regime. For example, in the previous Parliament the act was modified by adding a number of crown corporations and by including a positive duty to assist requesters. These changes were in and of themselves very positive, and they represented a significant step forward for freedom of information. Regrettably, however, these improvements to the act have been drowned by a significant worsening of the performance of institutions and of the Office of the Information Commissioner. Hence, if I may be so bold as to say so, government has been let down by its own administration.
We believe this committee has the stature, the authority, and the mandate to ensure that the act is properly administered, as was intended by a past Parliament. There was at that time a very careful and deliberate study, commencing in 1977 with the publication of a green paper and followed by two major cabinet discussion papers. This went on until 1982, when the enactment of the fundamental democratic right of access was provided to citizens. You will agree that before this quasi-constitutional statute is changed Parliament should be certain of the objectives and careful not to disturb an essentially good, clear, and well-structured statute that has served as a model for many countries.
You also have before you some brief biographical notes that outline my professional background and identify my contribution to the field of the access to information law. However, with your indulgence, I would strongly recommend that the following persons, whom I consider to be renowned in the field at both the national and international levels and whose experience and reputation for professional excellence is both proven and exemplary, should also be asked to appear before you to provide their sage advice before you proceed with any change to the current statute. I name Mr. Alan Leadbetter, who has served as deputy information commissioner under three commissioners; second, Professor Alasdair Roberts, who is a recognized academic authority in the field of access to information. I can also think of several more, such as Commissioner John Reid, but you have already benefited from his work. I must also add Mr. Justice Gomery, who made eloquent comments in his commissioner's report, which advanced the access rights of Canadians.
As I understand it, you have received an article that I recently wrote for the Open Government Journal on the state of paralysis of the Canadian access regime. I say “paralysis”. I felt compelled to write these comments because in my opinion the Canadian access system has never been in such a sorry state. For all intents and purposes, it is now dead in the water.
One can juxtapose this situation to that in the United States, which has received a great boost recently through an initial act of leadership by the new President, on his first day in office.
It is for these reasons that I decided to answer your call to appear before your committee, despite the fact that I knew my spouse, who is here today, did not relish the thought of discussing this subject on this day, our 45th wedding anniversary.