A Time For Openness

A new year brings with it new possibilities. This year, the stars are aligning. This is the year for a renewed commitment to transparency in government. This is the year for access to information.

Here in Canada, we have a newly-elected government that has promised to “set a higher bar for openness and transparency.” In part, this will be achieved through a much-needed review of the Access to Information Act towards modernizing it to meet today’s progressive norms.

But it’s not just in Canada that we’re seeing promising developments. In 2016, access to information will be celebrated worldwide. September 28 is already recognized internationally as Right to Know Day, but UNESCO recently voted to add the further designation of “International Day for the Universal Access to Information.” And this year’s theme for World Press Freedom Day, which occurs on May 3rd, is: This is your right! Access to Information and Fundamental Freedoms.

RTK

2016 also marks the 250th anniversary of the world’s first freedom of information law, which was passed in Sweden and Finland in 1766. It was in that year that legislators first recognized the fundamental role that freedom of information plays in a democratic society.

What is this role, and why is it so vital and essential for us all?

Freedom of information – or access to information, as we call it at the federal level in Canada – recognizes the right of citizens to access government information. In 1983, when the Access to Information Act came into force, there were only a handful of global freedom of information laws. In today’s world, openness and transparency have become accepted norms.

Today, we have over 100 access laws around the world. Through our computers, by virtue of our smartphones and tablets, we have at our fingertips access to vast amounts of information. Public information should be no different. It is like the source code of government – it allows us to see behind the curtain; to understand how our government really functions, to get informed and to get involved. It allows us to hold our government to account for its actions and decisions.

Over the past year alone, access to information was implicated in a wide array of matters of public interest, ranging from Senators’ expenses to funding for an environmental organization, to the long-gun registry, even the vandalism of mailboxes. According to the Supreme Court of Canada, which has declared access to information a quasi-constitutional right, citizens must have access to “the information required to participate meaningfully in the democratic process.”

Striking the Right Balance for Transparency - report cover

Over the course of my mandate as Information Commissioner of Canada, I have documented multiple challenges and deficiencies with our current law. As it stands, the Act encourages a culture of delay in providing responses to citizens and is too often applied to deny disclosure. It acts as a shield against transparency. I have recently proposed a comprehensive reform of our Access to Information Act to:

  • Deal with the current realities and expectations of Canadians;
  • Simplify the administration and the application of the Act by focusing only on the interests that legitimately require protection;
  • Increase timeliness in the processing of access requests;
  • Permanently resolve recurring issues;
  • Align the Act with the most progressive and strongest laws in Canada and abroad; and
  • Maximize disclosure in line with a culture of openness “by default.”

The government announced in the mandate letters that it will conduct a review of the Access to Information Act.

It is time for Canadians to become engaged. It is time for each of us to get involved in our democracy. Without access to information, transparency and accountability cannot be achieved.

A new year brings with it new possibilities, and it is up to each of us to ensure that our information rights strike the right balance for transparency.

 

Version française

3 thoughts on “A Time For Openness

  1. Could you please post this on comment on: https://suzannelegault.ca/2016/02/04/a-time-for-openness/

    ~~~~~~~~~
    Commissioner Legault,

    2016 is the 250th anniversary of freedom of information legislation in the modern world (Sweden being the first with it in 1766).
    The Swedish Parliament has commissioned a book about the momentous anniversary. Unfortunately, the book will only be accessible to people who can read Swedish or Finnish. As an academic librarian holding the professional value of access to information, I organized a petition asking the Swedish Parliament to translate the entire book so many more people can read it. I hope students, historians, legal scholars, and legislative researchers will benefit for years to come from the discussions such a translation would make possible. The petition was supported by people from over 30 countries.

    Your post notes the need for a review of the Access to Information Act and that over 100 countries now have FOI laws (and of courses, there’s many more at sub-national levels, such as provinces). A lot of people around the world, including those in Ottawa, are trying to make good decisions about FOI.

    Since you have observed legislative research and review much more closely than I ever have, I’m hoping you can comment on something. I’m sure you interact with or observe people who have studied legal history in university, who consult with scholars regularly, or who prepare legislative briefings based on their reading about FOI. How do you think legislative research around the world would benefit if such a book about the history of FOI legislation was translated so more people could learn from Sweden’s experience?

    Mark Weiler

    Like

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