Access to Information Act must be enforced

OTTAWA– Frustrated with the lack of transparency displayed by the Harper government, New Democrats have asked the Information Commissioner and the Director of Public Prosecutions to look into possible violations of the Access to Information Act by the Prime Minister’s Office and ministerial staff.

“It’s important that an investigation be done by both of these individuals into the deteriorating state of transparency and accountability with our government,” said Bill Siksay, NDP Ethics, Access to Information and Privacy Critic. “Each office has a different mandate to defend the ATI act and Canadians need to be assured that our laws are not being violated.”

Recent allegations that the PMO directed ministerial staff to sanitize access requests are cause for alarm. This political interference is making a mockery of open and transparent government in Canada.

“Conservatives say they believe in accountability but their own staffers are running down hallways to block information that the law says must be released,” said Siksay. “Access to Information is about accountability, not about sanitizing or covering up embarrassing facts.”

(See below for letters to Director of Public Prosecutions and the Information Commissioner)

Mr. Brian Saunders
Director of Public Prosecutions
Public Prosecution Service of Canada
284 Wellington Street – 2nd Floor
Ottawa, Ontario
K1A 0H8

February 22, 2010

Dear Mr. Saunders,

I would like to direct your attention to an article that appeared in today’s Hill Times, entitled “Cabinet ministers' offices regularly interfere in ATI requests, says Tory staffer.”

In the article, Jeff Davis reports that “Cabinet ministers' offices had been under orders [from the Prime Minister’s Office] to pressure bureaucrats to pare down the amount of information released under the Access to Information Act.”

A government staff person Davis interviewed said that the recent incident concerning Ministerial Assistant Sébastien Togneri, at Public Works and Government Services, is in fact endemic. "Sebastian...has not, from my experience, done anything that is significantly different than what ministers' offices are expected to do by the PMO."

I believe that these actions constitute a contravention of section 67of the Access to Information Act, including but not limited to concealing records and directing, proposing, counselling or causing concealment of records.

I would ask that you investigate these allegations and report publicly as you are obliged to under Part 3 section 3.(3)(e) of the Federal Accountability Act.

Yours Sincerely,

Bill Siksay, MP

The Information Commissioner of Canada
Place de Ville, Tower B
112 Kent Street, 22nd Floor
Ottawa, Ontario
K1A 1H3

February 22, 2010

Dear Commissioner,

I would like to direct your attention to an article that appeared in today’s Hill Times, entitled “Cabinet ministers' offices regularly interfere in ATI requests, says Tory staffer.”

In the article, Jeff Davis reports that “Cabinet ministers' offices had been under orders [from the Prime Minister’s Office] to pressure bureaucrats to pare down the amount of information released under the Access to Information Act.”

A government staff person Davis interviewed said that the recent incident concerning Ministerial Assistant Sébastien Togneri, at Public Works and Government Services, is in fact endemic. "Sebastian...has not, from my experience, done anything that is significantly different than what ministers' offices are expected to do by the PMO."

If true, this would represent one of the most blatant and systemic attacks on the Access to Information system in recent years.

I would like to request that you begin a Commissioner-initiated investigation, under the Access to Information Act, into this matter.

Yours Sincerely,
Bill Siksay, MP