Lawyers concerned by proposed changes to access to information system

Ottawa's proposal to amend the Access to Information Act has sparked concern among lawyers and organizations focused on environmental and migrant rights. One notable amendment would restrict access to certain "ephemeral" documents, potentially including emails. Andrew Koltun, an immigration lawyer, argues that categorically excluding these records would be contrary to the purpose of the act.

He emphasizes that understanding how decisions were reached often requires examining the documents leading up to them, not just the end results. The Quebec environmental law center and Céleste Brazeau Houle, an attorney for the group, share this concern, warning that the exclusion of ephemeral documents could allow for significant restrictions on access.

Another proposed change would extend processing deadlines based on institutional capacity, a concern raised by Thibault Rehn, executive director of Quebec non-profit Vigilance OGM. He notes that processing times are already a major issue and that extensions are common. Vigilance OGM has also been waiting five years for a response to a request, highlighting the need for more efficient handling of access-to-information requests.

Koltun anticipates that the government's authority to extend deadlines when faced with multiple requests from the same person could lead to further delays, particularly for immigration lawyers who frequently file such requests.