Freedom of InformationFreedom of Information

By Ariana Wardak

PurposePurposeTo facilitate democracy by:

1. Ensuring citizens have the information to participate meaningfully in the democratic

process

2. Ensuring politicians and bureaucrats remain accountable to the citizenry.

Information laws can help…Information laws can help…

Discover how taxpayer dollars are spent Warn us of public health risks Uncover corruption Hold elected officials accountable Facilitate transparency in government.

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What to ask for:What to ask for: Expense Records Police, justice, and security records Memos, briefing notes, reports, studies Contract Information Meeting Minutes Audit and financial details Polls Inspections and audits

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Expense Records (p.218)Expense Records (p.218)

Most high-profile documents Keeps an eye on how public money is

spent Lisa Raitt (2009)

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Police and justice records (p.219)Police and justice records (p.219)

Most difficult documents for researchers and the public to access.

Many records protected by exemptions. Toronto Star - Race and Crime Series

(2002)

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Memos, briefing notes, Memos, briefing notes, studies (p.220)studies (p.220)

Can show the hidden influences behind important government options.

These records reveal deliberations, decisions and conduct of public servants regarding public policy issues.

Among the easiest records to obtain. Ipperwash issue (1995)

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Contract Information (p.222)Contract Information (p.222)

Documents Public spending. Most often sought when involving public

money spent on contracts with private industry.

eHealth Ontario scandal (2009)

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Meeting Minutes (p.224)Meeting Minutes (p.224)

Shows how governments and agencies respond to and discuss certain issues.

Calgary Herald (2004) - Report on botched land deal.

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Cabinet documents (p.228)Cabinet documents (p.228)

Federal law places a 20-year moratorium on cabinet records.

Provide unique historical insights into government working of the time.

Chrétien and marijuana (1981-2002)

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ExemptionsExemptions Internal government deliberations Business secrets Documents that threaten solicitor-client privilege. Personal information Cabinet confidences National Security Records Documents covering federal-provincial relations

Some of these are “discretionary” and open to interpretation.

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““Amber LightingAmber Lighting””

The process of flagging politically sensitive FOI requests, i.e. requests from the media (goes by different names in different governments)

While these requests cannot be stopped, “amber lighting” delays the requests, and is usually an indication of carefully-planned responses from governments.

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Freedom of Information Freedom of Information Laws in CanadaLaws in Canada

Federal: Access to Information Act Complimented by Privacy Act, granting

the public rights to certain information, as well as providing individuals with a right to privacy.

Provincial: Differs slightly from province to province.

Ontario: Freedom of Information and Protection Privacy Act.

When Making an FOI RequestWhen Making an FOI Request Avoid delays and fees by researching the type of

information you want, and the scope of the information you want.

Say that you don’t need documents which contain specific personal information.

If denied, point out that FOI laws were not designed to replace routine disclosure of information.

Know that you can make an additional FOI request regarding the handling of your original requests. This can shed light on back and forth communications regarding important issues.

Making an FOI RequestMaking an FOI Request

30 days or longer depending on the nature of the file.

$5 per request. Costs for related services can rise into

the thousands of dollars. Feel free to send a letter to a

government agency or department before filing an FOI. Sometimes this is enough.

IPCIPCInformation and Privacy CommissionerInformation and Privacy Commissioner

Ontario, CanadaOntario, Canada Download file from: http://www.ipc.on.ca/images/Resources/up-1request.pdf