Annual Report: 2004-2005

Access to Information Act owes its existence to courageous and persistent backbenchers in the Liberal, Conservative and New Democratic parties. As mentioned previously, the amendment to add an offence of wrongful destruction of records was an initiative of a Liberal backbencher. The impetus in recent years, for a broad overhaul of the Act came, too, from backbenchers from all parties, led by former MP John Bryden. The principle of his private members’ bill received unanimous support in the House (all party leaders stood in a recorded vote) at second reading. The 2004 election put an end to that bill; however, it was revived after the election under the sponsorship of NDP member, Pat Martin. As a result of discussions between Pat Martin and the Minister of Justice, Mr. Martin agreed not to go forward with his private member’s bill on the understanding that the Minister of Justice would introduce a government bill which would be true to the principles of Mr. Martin’s private member’s bill.

Regrettably, there has been backtracking by the Minister of Justice. While continuing to profess that the government is committed to proceeding with long-overdue reform of the Access to Information Act, the minister referred a framework discussion paper to the Committee on Access to Information, Privacy and Ethics, rather than a reform bill. It is also disappointing that the framework discussion paper reveals a government preference for increasing secrecy and weakening oversight. This commissioner’s proposals for reform, and concerns about government proposals to weaken the Act, are set out in a special report to Parliament tabled in September 2002.