That's another point that goes to the Access to Information Act being a means to a broader end. On that point, my understanding is that my colleague the Information Commissioner has sought provisions allowing for refusing to investigate complaints based on their having a vexatious or frivolous nature. She has not recommended, I believe, based on her special report, that she is opposed to other access limitations provided in proposed sections 6 or 6.1 of Bill C-58, including the need for complainants or requesters to identify in some manner the information they are seeking. The Information Commissioner herself is in favour of the concept of “frivolous and vexatious”, but not other limitations.
As a fellow commissioner, having to balance the desire to respond positively to complaints under my act, the Privacy Act, for personal information, and to do that in an effective manner, I can see the need for “frivolous and vexatious” as a ground to refuse to investigate certain complaints. Moreover, I would see that this is something that would make sense to give to departments as well, as long as, as the bill provides, there is a review of the decision by the relevant commissioner. So I'm not opposed to the notion of the concept of frivolous and vexatious.
The other limitations are new, and I'm not opposed to them in principle, on the basis that perhaps some requests could be so voluminous that they would impede the normal workings of a department. The question for me goes back to the objective and purpose of the act. Is it linked to transparency and accountability to answer that request or not for a number of reasons. I'm not opposed to the concept of the limitations, but the language in the wording of the limitations deserves close consideration.