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April 22nd, 2013

Federal Court upholds the PBO’s right to information from the government

In a federal ruling released today the right of the Parliamentary Budget Officer (PBO) to obtain information from the government was upheld.

In clear and unequivocal language Justice Harrington stated:

“Neither on the basis of parliamentary privilege nor on the principles of statutory interpretation has Parliament reserved for itself the right to answer Mr. Page’s questions. That task falls upon this Court”

Reaffirming simply that the government must comply with requests of the PBO for data, and if they refuse they can be challenged in court.

Furthermore, the court sided with Tom Mulcair’s argument that the Accountability Act created a PBO charged with providing independent analysis to individual MPs and Senators.

“The cascading or tumble-down structure of s. 79.2 (Parliament of Canada Act) is such that Parliament not only intended that the Parliamentary Budget Officer be answerable to it and to its committees, but also to every backbencher irrespective of political stripe. In my view, the purpose of the statute is to shield any given member of either House of Parliament from the will of the majority.”

Today’s Federal Court decision is good news for Canadians, and good news for fiscal accountability. This decision also affirmed the independence and role of the PBO as laid out in legislation.

Instead of hiding their cuts and the impacts on services from Canadians and instead of concealing the real data on long-term fiscal sustainability Conservatives need to release this information.

Conservatives must also apologize to Canadians for withholding information necessary for the PBO to complete the work requested by the NDP.

Canadians deserve better.