Information & Ethics Committee on June 8th, 2010

[The Chair, Liberal, Paul Szabo]

You're okay. All right.

Madam Foote has asked to speak.

[Judy Foote, Liberal, Random—Burin—St. George's, NL]

Thank you.

I know we've moved on past the nomination, but I do want to take the liberty of saying how pleased I am--from day one--with your understanding and appreciation of the importance of the federal access to information...as well as the very frank way in which you've dealt with issues, and have made it very public in terms of how you dealt with issues, but it's your determination as well to find solutions.

So congratulations. I'm delighted with your nomination.

I do want to ask you a question, though. When you were here previously, we talked about access to information and how important it was to make sure there's a system in place to respond in a timely fashion. In talking about auditing and adjusting our processes, you say, “We improved our intake processes.” Can you just elaborate on that for me?

[Suzanne Legault]

It's just the time it takes us to actually receive the complaints, to make sure they're within our jurisdiction, and then to triage them according to whether they're simple administrative matters or whether they're complex matters. When I became interim commissioner in July, we had just had an internal audit that assessed the time it was taking us to do that aspect of our work. It was in excess of 90 days just to do that intake function, and that is a very long period of time when we're dealing with administrative matters. So we basically took a series of measures right away in September to actually reduce that amount of time. We still have some work to do there, but our goal is to be much more effective in that portion of time.

[Judy Foote, Liberal, Random—Burin—St. George's, NL]

Have you reduced it from the 90? Do you have a number on the length of time it's now taking?

[Suzanne Legault]

Well, basically what we're trying to do is to complete all of these administrative matters. Our goal is to complete the administrative matters 85% within 90 days. This is what we have in our report, and in our plans and priorities. At this point, we complete about 20-some percent within that period of time. So our goal for this year is to really improve that much for those administrative matters.

If you will recall, the reason why we really want to gain efficiencies there is because about half of our complaints deal with administrative matters. The rest of the complaints deal with more substantive issues related to exemptions and exclusion. Ultimately this is where I want to spend the bulk of my time, because that deals with actual release of the information to Canadians.

[The Chair, Liberal, Paul Szabo]

Because of the time, we have about four-minute slots for Madam Freeman, Mr. Siksay, and then Mr. Rickford.

[Carole Freeman, Bloc, Châteauguay—Saint-Constant, QC]

Your two predecessors had proposed amendments to the Access to Information Act. The committee dealt with that issue last spring and drew up recommendations. Minister Nicholson responded in a terse and quite brief manner—I would even say rather curtly—that we should perhaps study the proposals tabled in Parliament by Vic Toews, his predecessor, in April 2006.

Can you tell me if you read that document and what you think of it?

[Suzanne Legault]

With regard to the legislative reform, I support the recommendations that had been made last year under the leadership of Mr. Marleau. If I recall correctly, there were 12 recommendations on amending the act with regard to urgent matters. I support them because I was a member of that team.

Mr. Reid's bill had also been tabled, and I also support it for the most part. However, I believe that bill should be updated. It was crafted prior to the Federal Accountability Act, which has led to a number of changes.

Furthermore, with regard to the major issues, I would say that access to information and related reforms have been studied in detail on numerous occasions. I think that the question now is for the government to make political decisions. A number of decisions have to be made. Do we want a public interest test? Do we want to have powers to issue orders? Do we want timeframes in the act for certain activities? I believe that quite detailed studies have been made. It is now up to the government to decide whether it wants to support the reforms or not.

I will always remain available to the committee in order to provide it with more specific input on amendments that might be proposed.

[Carole Freeman, Bloc, Châteauguay—Saint-Constant, QC]

I hear you and I understand you. You may want to propose improvements to what has already been presented, whether through our recommendations or past bills.

Would you go so far as to propose the creation of a new bill?

[Suzanne Legault]

Obviously, it is up to the government to decide whether it wants to propose a bill or not. I will always make myself available to the committee.

[Carole Freeman, Bloc, Châteauguay—Saint-Constant, QC]

Would you see a need for that?

[Suzanne Legault]

I think so: the act has to be amended. As I said in my presentation, I believe that the Access to Information Act has to be modified in order to comply with or, at the very least, show a greater convergence with the more progressive laws in Canada and internationally. A number of pieces of legislation have been tabled in Canada and internationally since the year 2000. I think there are innovations we should be looking at.

[Carole Freeman, Bloc, Châteauguay—Saint-Constant, QC]

With regard to the work you have been doing for some time, there is a study that deals specifically with potential cases of political interference within three ministers' offices.

Could you give me an approximate idea of when you will be completing your investigation; is it a matter of weeks, months? Could you inform us about that?

[Suzanne Legault]

In fact, there are two major areas of activity. There are investigations on three specific complaints that we received. Those are distinct, specific investigations that are underway.

The priority investigation is on the activities of Mr. Togneri at the Department of Public Works and Government Services. That is already in the public domain.

You have also been given the three-year plan, which presents the institutions where we have begun a systemic investigation on matters of political interference. You have the list of departments in your documents. A systemic investigation, as I have already indicated in a previous appearance, usually takes three years. In the past, the effectiveness of the office of the commissioner—

[Carole Freeman, Bloc, Châteauguay—Saint-Constant, QC]

You are not answering my question—

[Suzanne Legault]

I am getting to the gist of the matter, Mr. Chair.

[Carole Freeman, Bloc, Châteauguay—Saint-Constant, QC]

—and my time has run out. I would like to know when you will be completing your investigation concerning the complaints that were filed regarding the three ministers' offices.

[Suzanne Legault]

For one of the investigations, I expect we will have findings by the fall.

[The Chair, Liberal, Paul Szabo]

Thank you.

Mr. Siksay is next, please, and then finally we'll have Mr. Rickford.

[Bill Siksay, NDP, Burnaby—Douglas, BC]

Thank you, Chair.

Ms. Legault, I have a specific set of questions.

In a situation in which a request has been made and hasn't been complied with at the first deadline, and extensions have been granted and extension deadlines have been missed, what are your options at that moment? Are you able to go to Federal Court to request that documentation be released at that point?

[Suzanne Legault]

No, I can't on extension matters.

[Bill Siksay, NDP, Burnaby—Douglas, BC]

I don't mean specifically with regard to the extension but with regard to the ultimate release of the information. Could you go to Federal Court to request the release of the information?

[Suzanne Legault]

If it is considered to be a deemed refusal under the legislation, yes, you can go to court. Usually what happens is that by the time you have a court hearing, the institution will release the information. So what we do now is try to obtain from the institution commitment dates, at which time they will release the information.

There is a case now before the Federal Court on this issue of commitment dates in relation to CBC. This is before the Federal Court of Appeal, and we will get guidance on this matter from the Federal Court of Appeal.

[Bill Siksay, NDP, Burnaby—Douglas, BC]

In the situation in which you don't have a commitment date, are you able to take an action before the Federal Court for the release of the information?

[Suzanne Legault]

Technically speaking, we could.