Mr. Speaker, I am pleased to speak today on Bill C-216, which seeks to include all crown corporations under the Access to Information Act.
Those of my hon. colleagues who support this bill referred to the principles of accountability and transparency to bring crown corporations under the ambit of access rules.
I do not dispute the merits of accountability and openness. This government supports this position. However, if one looks at the fact one sees that Bill C-216 does not take into account the legitimate interests of crown corporations that are currently exempt under the Access to Information Act.
Bill C-216 starts from the principle that there is no difference in the objectives of crown corporations. It does not take into account the difference in purpose of their public interest mandates, nor does it account for the different environment within which they operate.
I am concerned that Bill C-216 may be viewed by some members of Parliament as a relatively harmless extension of the Access to Information Act to crown corporations. The reality would be quite the opposite.
Allow me to illustrate my comments by focusing on the Canadian Broadcasting Corporation. If adopted, Bill C-216 would have a particularly harsh effect on CBC. It would impair this corporation in a number of vital areas, including the protection of its journalistic integrity, the protection of its independence under the Broadcasting Act and the protection of its competitive position. Information is the stock in trade of the CBC. Bill C-216 proposes to define the CBC as a government institution. This would mean that information in possession of the CBC would become accessible to all.
The definition of record in section 3 of the Access to Information Act is broad enough to include, for example, broadcast material, edited, filmed or taped materials, notes, confidential memos, names of sources which are recorded, and research done for programming purposes. There is no exemption under the Access to Information Act for journalist function. This would jeopardize the CBC's ability to carry out its mandate because all past, present and future records, whether gathered for administrative, creative, journalistic or programming purposes, would be subject to access application.
Do members think that individuals would be prepared to corroborate a story if they knew that their identity could be revealed? Imagine, for example, the consequences if subjects of a documentary on organized crime could apply under the Access to Information Act for the names of the interviewees who may have wished to be projected. Revelation could result in reprisal.
If Bill C-216 were to become law, a simple request could force release of information which press institutions legitimately strive to protect. The CBC would be forced to operate under different ground rules than those applying to its competitors. No other broadcaster in Canada is subject to the Access to Information Act. In fact, the federal government does not have the jurisdiction to place other broadcasting institutions under such legislation. The net result would nullify the CBC's journalistic force.
The Broadcasting Act repeatedly asserts the respect for freedom of expression in journalistic, creative and programming activities of broadcasting undertaking. This statute reiterates this independence, in particular to the CBC. Why is this the case? The CBC is expected to operate as a public broadcaster, not a state broadcaster. The CBC is an autonomous broadcasting entity with a mandate to gather and disseminate accurate information in an impartial manner free from interference from government or the public.
Various governments and committees throughout the years have taken pains to emphasize the autonomy of the CBC. The Broadcasting Act of 1991 reaffirms the CBC's arm's length relationship. Throughout the years the necessity to maintain the journalistic integrity of the CBC through the arm's length principle has been recognized and endorsed by committees and study groups which have reviewed the Access to Information Act.
In its 1987 report “Open and Shut” the standing committee on justice and legal affairs recommended that special provisions be made to exclude from the coverage of the Access to Information Act all program materials of the CBC. In 1994 the office of the information commissioner arrived at the same conclusion in its report “The Access to Information Act: A Critical Review”. The only exception granted was the program material of the CBC which it was agreed would not be subject to the legislation.
Bill C-216 would undermine the legitimacy and credibility of the CBC which is mandated by Parliament to provide a public broadcasting system at arm's length from the government. The CBC also has certain characteristics in common with other crown corporations such as Canada Post, Export Development Corporation and Atomic Energy of Canada Limited which have commercial operations that are not now exempted from the operation of the Access to Information Act. The CBC provides a service pursuant to the Broadcasting Act and it produces a product, the programs.
In both the provision of the service and the production of its product, the CBC competes with the private sector. The net results of this proposed legislation would be to compromise the competitive position of the CBC. The CBC's proprietary technologies and standards together with the confidential commercial financial information related to its business activities and that of its contractors, suppliers or business partners would be at risk.
The CBC currently generates $300 million in the marketplace. Bill C-216 would jeopardize the ability of the CBC to maximize its shareholders' investments in Canadian programming. I do not believe that the public interest would be served by placing sensitive proprietary information in the public domain where it would be open to the scrutiny of competitors that do not have the same disclosure rules.
In terms of the public's having an open window on the corporation, the CBC takes pride in applying very high standards of accountability, openness and transparency. They are the centre pieces of the CBC's corporate governance process. The CBC does not only apply those standards through its formal reporting requirements to government bodies and Parliament but it has also taken steps over the years to increase its accountability through its ombudsman offices and through public outreach programs. These initiatives led this year to the presentation of the corporation's first on the air annual review which included a forum that allowed for questions and comments from the public both on the air and via the Internet.
The CBC must not be subject to Bill C-216 because of issues of journalistic integrity and competitive equity. Canadians have the right to a public broadcaster whose journalism and entertainment are benchmarks for the industry in Canada and around the world. They deserve no less.
The legislation before us would cause more harm than good to Canadians. It is not in the public interest and that is why I cannot support it.