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Information & Ethics committee  First of all, I'd just like to quote from the notes provided by former commissioner John Reid, wherein he addresses your question about possible effects. I'll quote him directly: Since anyone in the world may make access requests through a Canadian agent (and many do, especially in the immigration field), this change is not expected to significantly increase the number of access requests.

April 1st, 2009Committee meeting

Vincent Gogolek

Information & Ethics committee  The fact is that the requester is always at a knowledge disadvantage, because you don't know and you can't know what is actually there. The government has to provide you with what sections they're relying on, so the blank page would have, for example, “section 21”, written on it for your information, so that you would know that's the section they're relying on to give you nothing.

April 1st, 2009Committee meeting

Vincent Gogolek

Information & Ethics committee  It seems you're asking me a question along the lines of asking “Would you say that General Motors is healthier than Chrysler?”, and I would agree that it is. We're talking about important but still relatively minor amendments compared with what is required in this situation—with what the Conservative Party itself has identified as a problem and solutions.

April 1st, 2009Committee meeting

Vincent Gogolek

Information & Ethics committee  Ms. Block, I'm afraid I wasn't disagreeing with them; I agreed, but only in the sense that it is limited.

April 1st, 2009Committee meeting

Vincent Gogolek

Information & Ethics committee  I'm not saying that they shouldn't have access to a lawyer, but lawyers cost money.

April 1st, 2009Committee meeting

Vincent Gogolek

Information & Ethics committee  If an individual is trying to get access to records, they may not be sophisticated...or it may be their first time with the system. The system should not be so complicated that the average person is not able to get records. They should not have to go to Federal Court. It may be a useful thing to have a direct march so that somebody who wants to go directly to Federal Court can.

April 1st, 2009Committee meeting

Vincent Gogolek

Information & Ethics committee  I can't say too much, because we're actually involved in a case before the B.C. commissioner. However, there's a very good article in The Tyee, one of the new media based in British Columbia. They did a very extensive review of that case, and I recommend it to you. As far as we know, only the Government of British Columbia has done this so far.

April 1st, 2009Committee meeting

Vincent Gogolek

Information & Ethics committee  Regarding the first part of your question, that it would put in jeopardy the ombudsman function, that has not been our experience in B.C. The commissioner has a multi-faceted role, proactively advising the government about things they are doing that might cause problems for information or privacy, and he has been able to carry out all those functions perfectly well.

April 1st, 2009Committee meeting

Vincent Gogolek

Information & Ethics committee  You want the positives?

April 1st, 2009Committee meeting

Vincent Gogolek

Information & Ethics committee  If it was actually enacted as promised, it would be a very big benefit.

April 1st, 2009Committee meeting

Vincent Gogolek

Information & Ethics committee  With respect to the commissioner's power to make orders, in British Columbia, the commissioner can assign to his assistants responsibility for setting timeframes related to other administrative aspects of the legislation. That way, it is possible to try and resolve matters before they are brought to the commissioner's attention for review.

April 1st, 2009Committee meeting

Vincent Gogolek

Information & Ethics committee  Mr. Rubin prefers that I kick it off.

April 1st, 2009Committee meeting

Vincent Gogolek

Information & Ethics committee  It's a pleasure. Thank you, Mr. Chair. Honourable members, I would like to start by apologizing for making my presentation in English. However, I will be happy to answer your questions in French. The B.C. Freedom of Information and Privacy Association is a non-profit society that was established in 1991 for the purpose of advancing freedom of information, open and accountable government, and privacy rights in Canada.

April 1st, 2009Committee meeting

Vincent Gogolek