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Prying open the closed doors of government

Author: Adrienne Batra 2004/05/13
In the days of AdScam and billion dollar boondoggles, public access to government information has become more important now than ever before. In a brief presented to the to the public review process for the Freedom of Information and Protection of Privacy Act (FIPPA) by the Provincial Council of Women of Manitoba, the Manitoba Library Association, the Canadian Taxpayers Federation, the Consumer's Association of Canada - Manitoba Division and the Manitoba Eco-Network, 25 amendments to the Act were recommended. These five groups are leading the charge to restore fairness, transparency and affordability to government information.

The Legislative Assembly expressed its support for freedom of information when it passed the Freedom of Information Act unanimously in 1985. Furthermore, the Legislative Assembly expressed its support for ongoing vigilance on freedom of information by requiring a statutory review by a Legislative Committee of the Freedom of Information Act within three years of its coming into effect - this review was never conducted.

The Government of Manitoba has not provided an independent and detailed review and audit of the FIPPA and the method by which government delivers information, even though modern information technology makes routine disclosure of government information eminently feasible and cost-effective. The Government of Manitoba has not provided access to the submissions of government departments and agencies for its previous review of the Freedom of Information Act in 1997. They also denied a Freedom of Information access request for these submissions.

The current review process makes no provision for access to such critical information again. A proper review requires information about the suppliers of information not just the users. The discussion paper issued brings forward concerns about such supplier issues as cost, time and procedure but without attribution and documentation. This does not foster a fair and full discussion of the issues. The Government of Manitoba has never conducted, or at least disclosed a user survey on access to government information. It is for all of these reasons that it is imperative the government institute an all-party Legislative Committee to hold the public hearings for the FIPPA review and require the testimony of departments and agencies, not just those that choose to do so.

As Leader of the Opposition in 1997, Gary Doer stated that he would commit to "... amend this act and repeal the regressive sections of this act, and we will have a privacy commissioner available to the public as the first steps of public access." Unfortunately, little to nothing has taken place.

Unlike the recently announced public hearings on the Workers Compensation Act, there is no provision for citizens to view each other's written submissions and exchange ideas via a web site. The submission review process leaves the government free to pick and choose advice without being held to account.

Modern information technology means there are no technical barriers for routine access to and disclosure of the government information necessary for citizen participation in the policy-making process and for holding the government accountable.

Freedom of information is a fundamental democratic right which enhances timely access to substantive government information necessary for the full discussion of policy proposals and for holding governments to account for their actions, inaction and performance. An information deficit is a democratic deficit and results in an unlevel playing field between the government and its citizens.

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