Every level of government should strive to be open, accessible and transparent when it comes to delivering information to the citizens it serves.
The provincial government, however, was found to be acting in contrast to these guiding principles. A 21-month investigation from Alberta’s Office of the Information and Privacy Commission found all provincial ministries were breaking law and policy in the release of information.
In her report, Information and Privacy Commissioner Diane McLeod highlighted “access to information rights are the foundation of an individual’s ability to exercise their democratic rights by facilitating access to government information.”
By gatekeeping information, the actions of Alberta ministries are a direct offence to any government claiming to act in the best interests of its citizens.
The findings, however, are more haunting at the ease in which all provincial ministries chose to act outside the law.
Ministries were dictating what they felt they needed to start information searches, how it would process requests and how requests were meant to be made – all going against legislation.
McLeod’s report provides recommendations, but without any teeth – a badly needed introduction to enforce freedom of information laws – they can be ignored.
The investigation was launched after access to information requests were sought by The Globe and Mail and The Narwhal, but stymied at every opportunity by provincial ministries.
As The Globe and Mail did extensive reporting in its Secret Canada project on the difficulties from Alberta – and other provinces – the flagrant violation of both law and transparency was highlighted again and again.
The Outlook is one such organization that ran into multiple provincial roadblocks through access to information requests, with one occasion having a staffer say they didn’t want to do the request and others being outright rejected with no explanation – both illegal under Alberta law.
Alberta is finalizing an overhaul of its access to information rules, which the government claims will modernize policy. However, it will lengthen the time to get information and the appeal process.
Freedom of information laws are in countries across the world and established in law that citizens have the right to know how public institutions are functioning and how public money is being spent.
Though there are certain exceptions in place, federal and provincial law in Canada determine information must be released and public bodies of a legislative responsibility in a “duty to assist.”
The report focused on the Alberta government, but it highlights the growing trend of less information being accessible from public bodies and it being a never-ending battle to get information.
In recent years, public bodies at the municipal, provincial and federal levels have withdrawn access at nearly every turn. A 2023 Globe and Mail editorial said freedom of information has become a “Why Do You Want to Know Act.”
Some municipalities can be defensive and combative, while others fall back on what can be a bottomless pit of resources to withhold information.
When people seek information, they’re rarely looking to embarrass a public body. Rather, they’re attempting to find information to improve a situation or expose a wrong so that it’s not repeated in the future. The intent, ultimately, is to make a better community.
When a public body violates the law, it’s a slap in the face to the public and an abdication of power by the elected officials meant to hold to account the power and responsibility entrusted to them to act on behalf of citizens.
Time and again, words such as disregard, non-compliant, failure, refusal, flawed, refused come up in McLeod’s report as the provincial government’s system and attempts to illegally hide information acted counter to democratic principles.
As McLeod emphasizes, “accountability is the cornerstone of the exercise of good governance.”
Words such as accountability, transparency and governance are more than just letters on a piece of paper. They’re meant to be real actions public bodies should strive for instead of buzzwords said over and over in attempting to soothe and ignore a citizen’s questions.
All too often, the very people whose work is intended to serve the public good forget about the actual public they’re meant to work for.
