Mr. Speaker, I am delighted to rise today to speak in strong and enthusiastic support for the private member's bill introduced by my friend from Winnipeg Centre.
I am a little concerned. I thought this bill would have found unanimous support in the House. I say that because I know that my friend utilized the 2006 campaign promises in the Accountability Act by the Conservative Party. These were principles, every single one of the six that are before us tonight, that found their way into that document. I assumed that we were here to give support to those principles.
I want to thank my friend from Winnipeg North who just spoke and who made a very constructive suggestion in urging the House to pass the bill and allow it to be sent to committee where we can look at it in greater detail.
I have a great interest in this topic. I studied freedom of information in the United States in graduate school. I was invited by the former Government of British Columbia to draft its freedom of information and protection of privacy act, the first bill of its kind in that province, which received unanimous support in the legislative assembly.
This is a topic I care a great deal about. I worked as a lobbyist for the Canadian Bar Association some 30 years or more ago when the Conservatives had to grapple with the new Access to Information Act. That was a bill under the Joe Clark administration, which was visited upon Mr. Trudeau's regime subsequently, and it was finally Mr. Mulroney who had to live with the consequences of Canada's first Access to Information Act.
Concern has motivated this reform initiative, concern that it has been over 30 years that we have had the act. Imagine what has changed in that period. The advent of computers is something that needs to be considered. Emails, correspondence, that sort of thing, were not even part of the scene back in 1982 when our Access to Information Act was first brought in.
The act attempted to change a culture of secrecy that is part of our Westminster parliamentary system, alas, and there was great optimism that it would do so.
Since that time, the courts have said that access to information is what they term a “quasi-constitutional” right; not quite a charter right, but something approaching that in its importance.
I had the great honour to work with the Conservative member of Parliament for Peace River, the late Jed Baldwin, who has been called the father of freedom of information in this country, and who worked tirelessly to promote the first such bill.
I worked on a committee of the House of Commons with my friend and constituent David Flaherty, one of Canada's leading experts on data protection. That committee came up with 102 recommendations for reform of the legislation before us, the Access to Information Act and the Privacy Act. I am pleased that there was unanimous support for that bill, including a backbencher at the time, the member of Parliament for Niagara Falls, who subsequently has become the Minister of National Defence in the current government, joining in a unanimous report to promote change in this legislation.
I thought that there would be no difficulty in having the six principles that were in the 2006 accountability platform of the Conservative Party of Canada brought forward and implemented. I heard the parliamentary secretary speak to those six elements and I think they deserve greater attention.
The first element is the order-making power, not to simply have an ombudsperson who recommends to government what it should do, but an order-making power. That was the centrepiece of the legislative change in Ontario, Quebec, British Columbia, Newfoundland, Saskatchewan, Alberta, and on it goes. Every province has that power; the federal government chooses not to. I concede that the parliamentary secretary is right in referring to John Reid and Mr. Grace in saying they did not think that was necessary, but subsequently that has been what most critics have said is required.
The second thing in the bill is the expansion to crown corporations, officers of Parliament, and the like. I cannot see why that is particularly controversial.
Third, there is controversy about the nature of cabinet confidences. The parliamentary secretary spoke to that. I would be the first to agree that it is central in our system of government that there be cabinet confidences.
The issue is whether we need the only exclusion in the Commonwealth, the only exclusion of which I am aware anywhere, that is protecting cabinet confidences. That came from a time when the clerk of the Privy Council, Mr. Pitfield, argued that the only way we would get the law in Canada would be if we had it.
It has been 30 years. None of the provinces have it. We have not seen the world come to an end. Cabinet confidences are still an exemption, not an exclusion. That is, there is a box around cabinet confidences that would remain. There is no problem with this that the other provinces have encountered. It has not been a problem.
The exclusion that was in here was a cost of getting this bill through the then Liberal government. It is no longer necessary. I believe that would bring us in harmony with what other provinces uniformly have.
My friend from Winnipeg Centre stressed the importance of the fourth element, which was the requirement to create records, to document government, to not have an oral culture. If we talk to archivists and people who work in the public service, they will acknowledge that there needs to be such a section. There needs to be a place we can go to find out what the government is doing with our money to create records that are the public's.
The next thing that was talked about, which was the public interest override, is something that is likewise found certainly in the British Columbia and Ontario statutes and I believe in others as well. It is not something that has proven to be a great obstacle. I concede that the drafting of that, vis-à-vis the other exemptions, does need attention, and that could be done at committee and given some attention.
The last issue that was problematic, and the one with which the parliamentary secretary began his remarks, is the policy advice exemption. Those in the freedom of information business call this the Mack truck clause. That is, everything can become advice to government and then not be able to be seen.
What is in place now is a class exemption. If it is called policy advice, that is the end of the story. The reform the Conservatives promoted back in 2006, and that we hope will be accepted now, is that there be an injury test to determine whether the disclosure, although it would be policy advice, would reasonably be likely to harm some government interest.
In response to the parliamentary secretary, there are still lots of other exemptions if that one were no longer available. We would still be able to argue that it would be injurious to national security, to use an example the parliamentary secretary used, or it could be a cabinet confidence or one of the many other exemptions that are listed in this statute. The difference would be that the government could not just say that it is in that box, that exemption, that category. It would have to say, and prove, that it would cause harm.
That does not seem like a particularly radical notion. Indeed, it is one that is found in statutes across the land and across the world. When the Conservative governments of England brought in a freedom of information act, they had no trouble with the principles being proposed by my friend from Winnipeg Centre.
This is modern legislation that takes into account the computer era in which we live. I have tried to go through the six elements of the bill, all of them accepted and promoted by the Conservatives when they were seeking office. That is why I hope we can persuade the Conservatives to go back to where they came from, to their roots, and seek the kind of transparency, the kind of accountability, I think Canadians elected them to promote.
I do not think there is any need to be partisan about this. It is a quasi-constitutional right, the courts have said. Let us get it right. Let us make it as good as we can.
Again, I am indebted to my friend from Winnipeg North, who suggested that we send it to committee so that we can look at it, examine it, hear from experts, and see what the problems may or may not be.
It is not just my friend from Winnipeg Centre and I who are concerned about this. Our current Information Commissioner, Suzanne Legault, has said as follows:
Access is one of the tools that make citizen engagement in government and the public policy process possible. When institutions falter in their service to requesters, it is more than just an inconvenience to those individuals and organizations; ultimately, it is the health of Canadian democracy that is at stake.
Thirty years later, we stand before this House again to try to realize the dream that Canadians have of an accountable government, and access to information is the root of that. I say it is time to join together and create a transparent and accountable government through this legislation.