[Ripcat]

Access Denied

$1:

Access denied
ALISON AULD

Canadian Press

January 6, 2008 at 11:26 AM EST

HALIFAX — It's taking in excess of a year for some Canadians to obtain government documents because the federal information commissioner isn't demanding swift action from departments that are bogged down in increasingly lengthy reviews, say critics.

Several recent requests under the Access to Information Act have been returned to applicants with a notice that they require a 240-day extension — a delay three times the previous average, making data outdated and often useless when it is released.

Users of the system say Prime Minister Stephen Harper's government has imposed so many layers of scrutiny that even the most benign material gets fetched up in reviews for months, even years.

“The intent is to frustrate efforts ... and ultimately you're going to go away,” said Michel Drapeau, a retired colonel and expert in access-to-information legislation.

“By the time (the information) is issued, it has lost some of its value and ultimately you have a Canadian public that's not as well informed as it should be.”

People using the legislation to acquire personal information or documents on government activities have found the average wait time for release has risen sharply from 30 to 60 days a couple of years ago to 150 or even 250 days over the last several months.

Some departments, like Defence and Foreign Affairs, are so backlogged they're automatically tacking on extensions of more than 100 days to most, if not all, requests. Further extensions can be applied, pushing some requests beyond a year.

And critics have charged that in many cases, particularly those involving Canada's mission in Afghanistan, the material is withheld entirely or expunged so as to make it meaningless.

A recent report revealed the existence of a special team of military officers that looks at almost every public request linked to the Afghan deployment, limiting what is released and causing further delays.

The extensions are linked in part to additional checks by the Privy Council Office, which advises the prime minister and cabinet, and which now reviews most requests filed with the government. Offices also claim they need to consult with multiple departments before releasing material, which further extends the process.

Donald Savoie, chair of public administration at the Université de Moncton, said the delays are part of a broad strategy to control what information gets out and protect material that could prove damaging.

“There have been so many politically embarrassing stories to come out of access to information, so there's much more effort to manage this process,” he said, citing revelations about the spending scandal and Afghan detainees uncovered through such requests.

“So is it worse today than it was? Yes, absolutely.”

Mr. Drapeau, who files about 1,200 requests a year, laid blame for the delays with information commissioner Robert Marleau, who he said is too timid, has done little to press the government to improve response times and is effectively not fulfilling his main function — to ensure that Canadians have access to information.

“This one has been one of the most passive commissioners that I've seen in my 16 years in the job,” he said from Ottawa, where he teaches and practises law. “I've written him to ask him to take a more aggressive role, because he's the ombudsman, he's the champion and we're relying on him.

“He's there to serve our needs, not to serve the needs of the institution.”

The commissioner was not available to comment, but spokeswoman Nadine Welter said in an e-mail that Mr. Marleau “is committed to undertaking thorough, fair and timely investigations of complaints made against federal institution under the Access to Information Act” and “reviews the overall performance of these institutions by way of report cards.”

There were 1,227 complaints filed with the commissioner last year, with the number of complaints doubling since last April.

The media has complained repeatedly about the delays and costs, accusing Harper of going to great lengths to thwart efforts to obtain information.

“Our members are definitely saying the delays are longer, it's incredibly time-consuming and costly to get the documents and often they're blacked out,” Mary Agnes Welch, president of the Canadian Association of Journalists, said from Winnipeg.

“So the return on investment just isn't what it used to be.”

Mr. Harper promised to beef up government transparency when he won office and introduce separate legislation that would reform the Access to Information Act. That legislation has never materialized.

“Mr. Harper did exactly what he wanted to do, and that is to push the access-to-information process to the back window,” said Mr. Drapeau. “There's been a push back to make it less transparent.”

I thought Harper and the CPC had nothing to hide? What happened to the open and accountable government? Shouldn't this start with Harper? What is he afraid of? Why is he afraid?

You would think that a government that ran an election on the issue of open and accountable government would be ALOT more open, even to the media, maybe even especially to the media. That Harper fears the media so much makes him the biggest political wussy of 2007 with it continuing into 2008.

[ryan29]

don't even get the point of this thread or what you are trying to say or prove by this .

the conservative government has nothing to hide , the media is simply a pain in the butt for him and its so biased anyways .

and i'd love to see the day our media actually had something nice to say about dion and his liberals , but doubt that day will ever come .

[Ripcat]

maybe you should research what access to information is all about then

[Ripcat]

And who gets the most face time on the conservative.ca homepage? It isn't Harper or his party oddly enough. It's Dion. Why does Harper fear Dion so much?

[hurley_108]

ryan29 ryan29:

don't even get the point of this thread or what you are trying to say or prove by this .

the conservative government has nothing to hide , the media is simply a pain in the butt for him and its so biased anyways .

and i'd love to see the day our media actually had something nice to say about dion and his liberals , but doubt that day will ever come .

RTFA. It's not just media requests that are being held up. Personal requests are being delayed too.

[ryan29]

Ripcat Ripcat:

maybe you should research what access to information is all about then

well its not like this is a new problem , previous opposition parties had the same problem when liberals were in power . and opposition parties in ontario have had the same problem as well when trying to get info thru these requests .

think the people making the requests forget that some of this info is not meant for public eye and so governments don't want people to see it or they don't really need to see it to begin with . but guess it depends on the issue .

[ryan29]

Ripcat Ripcat:

And who gets the most face time on the conservative.ca homepage? It isn't Harper or his party oddly enough. It's Dion. Why does Harper fear Dion so much?

well they feature dion cause he does so many flip flops and odd things that they can easily point them out and make public aware of them . he simply changes his mind so much no one knows what he is going to do .

don't think the conservatives fear dion personaly , more he is a weak link of the liberal party currently and want to point that out to the public .

[Ripcat]

ryan29 ryan29:

Ripcat Ripcat:

maybe you should research what access to information is all about then

well its not like this is a new problem , previous opposition parties had the same problem when liberals were in power . and opposition parties in ontario have had the same problem as well when trying to get info thru these requests.

What hurley said.....RTFA.

The complaints from these people seeking information from this Conservative government are the same people that were seeking information from the previous Liberal governments. They say its much harder and takes much longer to get information from Harper's government than the previous Liberal governments and when they do manage to get any info an excessive amount is censored compared to previous releases of information from Liberal governments.

[Ripcat]

ryan29 ryan29:

Ripcat Ripcat:

And who gets the most face time on the conservative.ca homepage? It isn't Harper or his party oddly enough. It's Dion. Why does Harper fear Dion so much?

well they feature dion cause he does so many flip flops and odd things that they can easily point them out and make public aware of them . he simply changes his mind so much no one knows what he is going to do .

don't think the conservatives fear dion personaly , more he is a weak link of the liberal party currently and want to point that out to the public .

The topic at hand, the limiting of access to information, is a HARPER flip flop.....

[1Peg]

Just out of curiosity, If Harper were to change the Access to Information Act to make it harder for information to come out, how would he go about this?

What would the process be?

[Ripcat]

Create a bill to amend the act and get it to pass a vote in parliament.

[1Peg]

Federal Accountability Act Becomes Law



Ottawa, Ontario

Canada’s New Government followed through on a key promise today by delivering on its top priority – passing the Federal Accountability Act – as Her Excellency, the Right Honourable Michaëlle Jean, Governor General of Canada, granted Royal Assent to the Act in the Senate today.

“We promised to stand up for accountability and to change the way government works,” said Prime Minister Stephen Harper. “Canadians elected this government to deliver on that commitment and today the Federal Accountability Act has received Royal Assent. From this day on, accountability in government is the law and we can all be proud of that fact.”

The Federal Accountability Act was one of the Government’s top five priorities on taking office. The Act, which makes substantive changes to 45 statutes and amends over 100 others, delivers on the Government’s promise to put in place a five year lobbying ban, to eliminate corporate and union donations, and to protect whistleblowers, among other reforms. (See attached backgrounder entitled “Federal Accountability Act and Action Plan, Commitments and Actions” for more information).

“Getting this Act passed took nine long months of almost constant battle to ensure we came out of this process with an Act that has teeth,” said Treasury Board President John Baird. “The Federal Accountability Act is a significant and substantive step by Canada’s New Government to help restore Canadians’ trust in government and the democratic process.”

As promised, Canada’s New Government has also moved forward on the commitments included in the companion Federal Accountability Action Plan. (These initiatives are outlined in the attached backgrounder, “Progress on Federal Accountability Action Plan”).

Minister Baird also thanked parliamentarians and public servants for their dedication and persistence in getting this landmark piece of legislation passed into law




Federal Accountability Act and Action Plan - Commitments and Actions

On April 11, 2006, the Honourable John Baird, President of the Treasury Board tabled in the House of Commons the Federal Accountability Act and released the Federal Accountability Action Plan as a companion piece to the Act, which received Royal Assent on December 12, 2006. The table below summarizes the actions contained in the Federal Accountability Act as well as the measures included in its companion Action Plan. It should be read in parallel with the backgrounder highlighting the progress made on the Federal Accountability Action Plan.

As is common for complex legislation, different sections of the Act will come into force at different times. Some came into force at Royal Assent, some will come into force on specific dates and others will come into force at dates to be set out by Order-in-Council.



Reform the financing of federal political parties


* New limits on individual donations to parties and candidates.
* A ban on contributions from corporations, unions and organizations to parties and candidates.
* A longer period to prosecute violations under the Canada Elections Act.

Ban secret donations to political candidates


* A ban on candidates accepting gifts that might be seen as influencing them.
* A ban on transferring trust-fund money to candidates or political parties.
* Powers for the new Conflict of Interest and Ethics Commissioner to order that trusts not be used for political purposes or be wound up.

Strengthen the role of the Ethics Commissioner


* A new Conflict of Interest Act.
* A new Conflict of Interest and Ethics Commissioner, an individual with a judicial or quasi-judicial background, with powers to fine violators and consider public complaints.
* A ban on voting by ministers on matters connected to their business interests.
* An end to the use of “venetian blind” trusts.

Toughen the Lobbyist Registration Act


* A five-year ban on lobbying for ministers, ministerial staffers and senior public servants.
* A ban on the payment and receipt of success or contingency fees.
* Requirements that contacts with designated public-office holders be recorded.
* A new, independent Commissioner of Lobbying with a strong mandate to investigate violations under the new Lobbying Act and Lobbyists’ Code of Conduct.

Ensure truth in budgeting with a Parliamentary Budget Authority


* A new Parliamentary Budget Officer to support Members of Parliament and parliamentary committees with independent analysis of economic and fiscal issues and the estimates of the government.
* Quarterly updates of government fiscal forecasts from the Department of Finance.

Make qualified government appointments


* A consistent appointment process for Agents of Parliament with a meaningful role for Parliament.
* A new Public Appointments Commission to oversee appointments to agencies, boards, and commissions.
* An end to priority treatment for ministerial aides when they apply for public-service positions.

Clean up the procurement of government contracts


* A legislated commitment to fairness, openness, and transparency in the procurement process.
* Inclusion of integrity provisions in all government contracts.
* A Procurement Ombudsman to review procurement practices on an ongoing basis.
* A Code of Conduct for Procurement.

Clean up government polling and advertising


* A requirement to publicly release, in writing, poll findings within six months.
* A ban on verbal-only reports.
* A legislated commitment to fairness, openness, and transparency in the procurement process for advertising and public opinion research.

Provide real protection for whistleblowers


* A Public Sector Integrity Commissioner with the power to enforce the Public Servants Disclosure Protection Act.
* A new, independent tribunal with the power to order remedies and discipline.
* Expanded whistleblower protection for all Canadians who report government wrongdoing.
* More public information on wrongdoing.

Strengthen access to information legislation


* Expansion of Access to Information Act coverage to include:
o Seven Agents of Parliament: the Offices of the Information Commissioner, the Privacy Commissioner, the Commissioner of Official Languages, the Chief Electoral Officer, the Auditor General, the Public Sector Integrity Commissioner, and the Commissioner of Lobbying;
o The remaining parent Crown corporations including: Canada Post, Via Rail, the Canadian Broadcasting Corporation, Atomic Energy of Canada, Export Development Canada, the National Arts Centre, Canada Pension Plan Investment Board, and the Public Sector Pension Investment Board, as well as wholly-owned subsidiaries of all Crown corporations;
o The Canadian Wheat Board; and
o Five foundations: Asia-Pacific Foundation of Canada, Canada Foundation for Innovation, Canada Foundation for Sustainable Development Technology, Canada Millennium Scholarship Foundation and the Pierre Elliott Trudeau Foundation.
* A draft bill that reflects the Information Commissioner’s recommendations and a discussion paper tabled for consideration and debate.

Strengthen the power of the Auditor General


* New powers for the Auditor General to audit individuals and organizations that receive federal money.
* Ongoing departmental reviews of granting programs enshrined in law.
* An independent blue-ribbon panel to identify barriers to access for recipients of government grants and contributions programs.

Strengthen auditing and accountability within departments


* Designation of deputy ministers as accounting officers, within the framework of ministerial responsibility.
* A clear process to resolve disputes between ministers and deputy ministers.
* Strengthened internal audit functions within departments.
* Strengthened governance structures in Crown corporations.
* Tougher penalties for fraudulent misuse of public funds.
* A consistent approach to promote legal and policy compliance and enforce disciplinary measures.

Create a Director of Public Prosecutions


* A new, independent Director of Public Prosecutions has been created to prosecute criminal offences under federal jurisdiction.



Progress on Federal Accountability Action Plan

On April 11, 2006, the Honourable John Baird, President of the Treasury Board released a Federal Accountability Action Plan as a companion piece to the Federal Accountability Act. The Act received Royal Assent on December 12, 2006. The Action Plan outlined the initiatives the Government would undertake immediately, in addition to those components outlined in the Act, to improve accountability in Government. The table below outlines the progress made on these action items. It should be read in parallel with the backgrounder on Commitments and Actions.

As is common for complex legislation, different sections of the Act will come into force at different times. Some came into force at Royal Assent, some will come into force on specific dates and others will come into force at dates to be set out by Order-in-Council.




Reform the financing of federal political parties


* Actions legislated in the Federal Accountability Act.

Ban secret donations to political candidates


* Actions legislated in the Federal Accountability Act.

Strengthen the role of the Ethics Commissioners


* Actions legislated in the Federal Accountability Act.
* The Government will articulate ethical guidelines for all public-office holders, including ministers, through a revised edition of Accountable Government: A Guide for Ministers.

Toughen the Lobbyist Registration Act


* Actions legislated in the Federal Accountability Act.

Ensure truth in budgeting with a Parliamentary Budget Authority


* Actions legislated in the Federal Accountability Act.
* Quarterly updates to fiscal forecasts are being issued through the Fiscal Monitor and the Budget in accordance with the International Monetary Fund’s Code of Good Practices on Fiscal Transparency.

Make qualified government appointments


* Actions legislated in the Federal Accountability Act.



Clean up the procurement of government contracts


* Actions legislated in the Federal Accountability Act.
* On April 18, 2006 the Minister for Public Works and Government Services Canada announced the establishment of six new Regional Offices of Small and Medium Enterprises, to be located in Halifax, Montreal, Ottawa, Toronto, Edmonton and Vancouver. http://www.pwgsc.gc.ca/comm/min/text/sp ... -18-e.html
* A comprehensive accreditation and training program for procurement officers was launched on August 30, 2006. http://www.tbs-sct.gc.ca/pd-pp/site/hom ... anguage=EN
* On July 20th, 2006 the President of the Treasury Board announced the appointment of Robert W. Dye, President and Chief Operating Officer of the Purchasing Management Association of Canada, to review the draft policy on managing procurement. http://www.tbs-sct.gc.ca/media/nr-cp/2006/0720_e.asp
* Public Works and Government Services Canada will soon introduce a new Code of Conduct for Procurement.

Clean up government polling and advertising


* Actions legislated in the Federal Accountability Act.
* On August 11, 2006 the President of the Treasury Board announced changes to the Communications Policy of the Government of Canada that:
o Reflects the statutory requirement for departments to provide written public opinion research reports to Library and Archives Canada within six months of the completion of the data collection;
o Require departments to post executive summaries of public opinion research as well as contract information on these projects;
o Require the bidding process for contracting of public opinion research and advertising activities to be open, fair and transparent; and
o Include a new definition of advertising to distinguish it from collateral services.
* These provisions took effect on August 1, 2006. http://www.tbs-sct.gc.ca/media/nr-cp/2006/0811_e.asp
* Departments were instructed to conduct risk-based audits of their advertising and public opinion research activities on August 24, 2006. http://www.tbs-sct.gc.ca/pubs_pol/sipub ... pnap_e.asp
* The Minister of Public Works and Government Services will appoint an Independent Advisor to conduct a review of public opinion research procurement practices across government.

Provide real protection for whistleblowers


* Actions legislated in the Federal Accountability Act.



Strengthen access to information legislation


* Actions legislated in the Federal Accountability Act.
* The Minister of Justice tabled a draft Bill in Parliament on April 11, 2006 and released a discussion paper on the same day. http://canada.justice.gc.ca/en/dept/pub ... /prop.html and http://canada.justice.gc.ca/en/dept/pub/atia/

Strengthen the power of the Auditor General


* Actions legislated in the Federal Accountability Act.
* We are reviewing the funding and oversight for Agents of Parliament including the Auditor General.
* To strengthen the government’s responses to recommendations of the Auditor General, on November 28, 2006, the President of the Treasury Board announced that Departments would be expected to develop clear action plans and report on their progress in addressing the Auditor General's recommendations. http://www.tbs-sct.gc.ca/media/nr-cp/2006/1128_e.asp
* In May 2006, Treasury Board Ministers approved the Foundation Framework for Treasury Board Policies. This document sets out the management policy accountabilities of Ministers and Deputy Heads and the structure of the management policy suite. Within this framework, seven management policies have been renewed to clarify specific accountabilities of Deputy Heads and six policies that are no longer relevant have been rescinded. http://www.tbs-sct.gc.ca/prp-pep/index_e.asp
* An Independent Blue Ribbon Panel was established on
June 6, 2006 to identify measures required to enhance the efficiency and accountability of the grants and contributions programs. The Panel is on track to report to the President in December 2006. http://www.tbs-sct.gc.ca/media/nr-cp/2006/08-04_e.asp
* The new Policy on Transfer Payments reflecting the recommendations of the Blue Ribbon Panel and the Auditor General’s May 2006 report is expected to be issued later in 2007 after consideration of the report of the Panel.
* On July 20, 2006, the President of the Treasury Board announced the creation of a committee of deputy ministers to review financial management policies. This committee is expected to submit its report to the President of the Treasury Board in January 2007. http://www.tbs-sct.gc.ca/media/nr-cp/2006/0720_e.asp

Strengthen auditing and accountability within departments


* Actions legislated in the Federal Accountability Act.
* Budget 2006 confirmed funding for the implementation of the Policy on Internal Audit, which took effect on April 1, 2006.
* Work is underway to develop a compliance framework including training, certification and tools for employees to enhance compliance with the government’s management policies.
* Work is underway to establish the Deputy Ministers Advisory Committee on Discipline to enable deputies to share best practices and ensure consistency in discipline across the core public administration.

Create a Director of Public Prosecutions


* Actions legislated in the Federal Accountability Act.
* Work on the review of lessons learned and best practices for prosecuting cases of fraud involving governments will be initiated after the new Director of Public Prosecutions is named.



http://www.tbs-sct.gc.ca/media/nr-cp/2006/1212_e.asp

[1Peg]

Ripcat Ripcat:

Create a bill to amend the act and get it to pass a vote in parliament.

Ok, and who votes on the bill?

[ryan29]

1Peg 1Peg:

Ripcat Ripcat:

Create a bill to amend the act and get it to pass a vote in parliament.

Ok, and who votes on the bill?

thats a good point , the federal accountabilty act was a big step in the right direction and has helped to clean up parliament in general .
and anyone who thinks the conservatives haven't done anythign to improve parliament and its level of acountabilty in general and ignoring all facts and bills previously passed during there term in office.

[romanP]

Ripcat Ripcat:

And who gets the most face time on the conservative.ca homepage? It isn't Harper or his party oddly enough. It's Dion. Why does Harper fear Dion so much?

Or, more to the point, why is he advertising for the opposition?