Evidence of meeting #11 for Access to Information, Privacy and Ethics in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was citizens.
A recording is available from Parliament.
Conservative
Bloc
Ève-Mary Thaï Thi Lac Bloc Saint-Hyacinthe—Bagot, QC
Ms. Legault, earlier, I asked you a question. I told you that I believe that finding someone to occupy the position of commissioner would already be one way for the government to show its good will.
Have you received signs or information on the part of the government? Were you told that there was a timeframe for filling the position of commissioner? Will this be done in short order? Has there to date been any announcement as to the opening of the position?
Interim Information Commissioner, Office of the Information Commissioner of Canada
Yes. Last summer, the government made an interest call. I applied, it is not a secret, because I spoke of this openly to all of those who questioned me in this regard. In September, I was contacted in order to determine if I was willing to accept that my mandate be renewed for an additional six-month period. I accepted. The second mandate will expire at the end of June. We will see what happens.
Bloc
Ève-Mary Thaï Thi Lac Bloc Saint-Hyacinthe—Bagot, QC
I am not talking about your interim appointment, Ms. Legault. I really want to know if the government has set a deadline to fill the position after having held an interest call. As you stated, the position was opened last summer. Nearly nine months later, it is rather surprising to see that a candidate, be it yourself or someone else, has not been found, in order to finalize the process.
Has the government announced a new deadline, a new timeframe with regard to the appointment of a candidate?
Interim Information Commissioner, Office of the Information Commissioner of Canada
Mr. Chairman, I am really not part of that process.
Bloc
Interim Information Commissioner, Office of the Information Commissioner of Canada
No.
Bloc
Ève-Mary Thaï Thi Lac Bloc Saint-Hyacinthe—Bagot, QC
Given that it is your last mandate, have you been told that something would be happening after the month of June? You are unaware?
Interim Information Commissioner, Office of the Information Commissioner of Canada
Yes.
Bloc
Ève-Mary Thaï Thi Lac Bloc Saint-Hyacinthe—Bagot, QC
Very well.
Are there other people in your entourage who work with you and who are in the same situation as you?
Interim Information Commissioner, Office of the Information Commissioner of Canada
Persons who also are filling interim positions?
Interim Information Commissioner, Office of the Information Commissioner of Canada
Yes, of course. I am normally Assistant Information Commissioner. I therefore certainly do not have a joint commissioner elsewhere within the organization. Operationally speaking, it is certainly more difficult.
Bloc
Ève-Mary Thaï Thi Lac Bloc Saint-Hyacinthe—Bagot, QC
Indeed.
Earlier, when you were talking about voluntary disclosure, you mentioned three departments. You also talked about the vote to be held shortly.
Two others have already been held. Since when have these two other departments functioned in this way?
Interim Information Commissioner, Office of the Information Commissioner of Canada
That is a good question. I will have to come back to you on this. I know that, in the case of the Department of National Defence, this has been the case for quite some time now. In the case of ACOA, I am not sure.
Bloc
Ève-Mary Thaï Thi Lac Bloc Saint-Hyacinthe—Bagot, QC
I would also ask that, when you provide us with these documents, you indicate whether you have seen improvements and savings since the implementation of this system in these two departments.
We often hear the conservative government say that it is not all information that can be disclosed, because some information is delicate. Do you not believe that in several cases it is more a matter of the culture of secrecy than the protection of delicate information?
Interim Information Commissioner, Office of the Information Commissioner of Canada
The act provides for numerous discretionary exemptions. When it is a matter of disclosing information, there are many discretionary exemptions. It must be determined if the information should be disclosed or not. That depends on the circumstances at the time the access request is made. It must however be underlined that the act clearly states that there is a presumption in favour of disclosure. President Obama did the same thing with his order. That is provided for in our legislation.
Bloc
Ève-Mary Thaï Thi Lac Bloc Saint-Hyacinthe—Bagot, QC
Ms. Legault, you use the term “discretionary“. Do you believe that, were we to make changes to the act, this would be one of the most important?
Interim Information Commissioner, Office of the Information Commissioner of Canada
I believe it is important to retain this discretionary power, because, when an exemption is invoked, it is obviously contextual.
Bloc
Ève-Mary Thaï Thi Lac Bloc Saint-Hyacinthe—Bagot, QC
Do you not believe that it is precisely this discretion that opens the door to abuse?
Interim Information Commissioner, Office of the Information Commissioner of Canada
Mr. Chairman, we recommend that there be a public interest test and a test allowing for an analysis of the harm that could result from disclosure. These are international principles, that are in addition to the analysis done. It is not simply a matter of discretion, but we also want to determine if it is in the public interest that information be disclosed and if disclosure might cause harm.
As a matter of fact, we are going to see the results of the case that the Supreme Court is studying, dealing with the public interest in the context of the Canadian Charter of Rights and Freedoms. We are awaiting the decision, because it will most certainly, to some degree, clarify this matter as well.
