Evidence of meeting #37 for Access to Information, Privacy and Ethics in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was year.
A recording is available from Parliament.
May 25th, 2015 / 4:10 p.m.
NDP
Charmaine Borg NDP Terrebonne—Blainville, QC
Thank you, Mr. Chair.
My first question is for Ms. Legault.
It ties into my colleagues' questions about Bill C-59 and the investigation into the gun registry records. In fact, I proposed a motion to study your report in the hope that we will have the opportunity to discuss the matter in greater detail.
Is it accurate to say that the office handling access to information requests should operate at arm's length from the Minister of Justice's office?
4:10 p.m.
Information Commissioner of Canada, Office of the Information Commissioner of Canada
The minister is the person responsible under the Access to Information Act. He is the person at the head of the organization, except in special circumstances. At the Office of the Information Commissioner, I am the person who is ultimately responsible. That authority is delegated differently within each institution.
4:15 p.m.
NDP
Charmaine Borg NDP Terrebonne—Blainville, QC
Was it acceptable for the minister to interfere in the matter or should he not have done so?
4:15 p.m.
Information Commissioner of Canada, Office of the Information Commissioner of Canada
There was no mention of any interference by the minister in my report. I asked Minister Toews for assurance that the records would be kept and that is what I was given. The records were, however, destroyed. What you have in front of you is the evidence, and that is what appears in the report.
4:15 p.m.
NDP
Charmaine Borg NDP Terrebonne—Blainville, QC
Thank you.
At the end of the previous fiscal year, you appeared before the committee to request additional funding, which you were denied. And now we see in Bill C-59 what you consider to be a change in your authority. The bill actually seeks to apply the change retroactively.
Do you see that as a threat to your mandate and responsibilities as commissioner?
4:15 p.m.
Information Commissioner of Canada, Office of the Information Commissioner of Canada
I think the first and most fundamental change Bill C-59 makes is to retroactively eliminate the right of requesters to access information under the act. In fact, it has the effect of retroactively eliminating the office's entire investigation, all of the evidence gathered, and requesters' right to appeal to the Federal Court. It also retroactively eliminates all potential liability, be it administrative, civil or criminal.
The biggest change probably isn't how it will affect the mandate of the Office of the Information Commissioner but, rather, how it will affect Canadians' right to access information and their right to hold their government accountable for its actions. That's the main consequence of Bill C-59.
4:15 p.m.
NDP
Charmaine Borg NDP Terrebonne—Blainville, QC
Those are very serious consequences. Do you think the changes are constitutional?
4:15 p.m.
Information Commissioner of Canada, Office of the Information Commissioner of Canada
That's certainly an argument that could be made. We are in the midst of examining those issues. As you can imagine, they are extremely complex.
4:15 p.m.
NDP
Charmaine Borg NDP Terrebonne—Blainville, QC
What is your next course of action? You said you referred the matter to the Office of the Auditor General. What steps will you take next?
4:15 p.m.
Information Commissioner of Canada, Office of the Information Commissioner of Canada
We referred the matter to the Attorney General of Canada, as per the act. Then, I learned through the papers that the file had been sent to the Public Prosecution Service of Canada and to the OPP for investigation. I wasn't aware of that. I learned about it from the papers and have no idea whether it's true or not.
I think the next steps will involve the courts. If Bill C-59 is passed, the police investigation that has begun will not continue because it will have been based on information that will have been retroactively eliminated. The next step will be the study of the bill by parliamentary committee. It will become Parliament's responsibility.
On our end, we plan to use every available recourse to safeguard the requester's rights.
4:15 p.m.
NDP
The Chair NDP Pierre-Luc Dusseault
No, but we have time for another five-minute round.
Mr. Dechert, you may go ahead for five minutes.
4:15 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Thank you, Mr. Chair.
Thank you to our guests for being here today.
Ms. Dawson, I'd like to begin with you. One of your objectives is to ensure that the public is well informed about your work. I wonder if you could give us some information on your plans for achieving this goal for the next year.
4:15 p.m.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
I consider my annual reports very important. I think my annual reports are quite a bit more fulsome than many you might see, so I try to be very honest and full about what my office is doing. I also have guidelines that I put on the website. My investigation reports are information-giving vehicles as well, I believe. In everything my office does, I try to be as transparent as I possibly can and as informative as I possibly can.
4:20 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
I assume your annual report is on the website and available to all Canadians.
4:20 p.m.
Conflict of Interest and Ethics Commissioner, Office of the Conflict of Interest and Ethics Commissioner
Yes, each year's is there, and the other one will be out in a couple of weeks.
4:20 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
That's very good, excellent.
Ms. Legault, maybe you could tell us about the plans at your office to make the public more aware of the functions of your office.
4:20 p.m.
Information Commissioner of Canada, Office of the Information Commissioner of Canada
We are very limited in terms of awareness development, because I do not have an education mandate, as you know. We are restricted in how we can communicate on our investigations, through our annual report and through special reports to Parliament. We do have a website. We do put as much information there as we can. Aside from that, we produce very few publications year over year, aside from the special reports and the annual report.
4:20 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Okay.
Ms. Legault, are there organizations or individuals who file large numbers of complaints about access to information requests?
4:20 p.m.
Information Commissioner of Canada, Office of the Information Commissioner of Canada
There are some. Do you mean in terms of requesters or in terms of complainants?
4:20 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Yes, I mean requesters. You mentioned that you have an inventory of 2,233 complaints. Are they from 2,233 specific or different individuals or organizations, or are there some organizations or individuals who file a number of these things?
4:20 p.m.
Information Commissioner of Canada, Office of the Information Commissioner of Canada
It varies. There are some requesters who file more requests over the system, and some complainants who file more complaints. We have three big groupings in terms of cases. Special delegation files deal with national security and international relations. That's a big grouping, about 350; and we have a big grouping with—
4:20 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
So the international relations requests, are they from foreign nationals or from Canadian citizens?
4:20 p.m.
Information Commissioner of Canada, Office of the Information Commissioner of Canada
You have to be a resident of Canada to make an access request. Then the other grouping is the Canada Revenue Agency—
4:20 p.m.
Conservative
Bob Dechert Conservative Mississauga—Erindale, ON
Those would be for individual cases, I would assume.