Lawyers concerned by proposed changes to Canadian access to information system

Lawyers and organizations advocating for environmental issues and migrants’ rights are apprehensive about amendments to Canada’s Access to Information Act proposed by Prime Minister Mark Carney’s government. One of the most concerning changes is the restriction on access to certain documents labeled “ephemeral,” potentially including emails.

Andrew Koltun, an immigration lawyer, argues that excluding such records contradicts the very purpose of the Act. Koltun, a member of the Canadian Immigration Lawyers’ Association, frequently utilizes access-to-information requests to gather information about clients’ treatment, not just immigration decisions. He emphasizes that the context behind decisions is equally important, which can only be discerned through emails and discussions.

The Quebec environmental law center (CQDE) also opposes the exclusion of ephemeral documents, citing the document's transient nature could allow for undue restrictions on access. Céleste Brazeau Houle, an attorney for the organization, highlights this concern. She, too, is worried about the proposed extension of processing deadlines based on an institution’s capacity.

This includes factors like the number of employees and budget size. Brazeau Houle stresses that the effectiveness of a quasi-constitutional right should not hinge on an organization’s budgetary decisions.

Thibault Rehn, executive director of Quebec non-profit Vigilance OGM, points out that processing times have already posed significant challenges. While the law mandates a 30-day response time, extensions are frequent. Rehn’s organization has experienced 360-day extensions and is awaiting a five-year response to a request. They advocate for proactive public disclosure of information rather than relying on access-to-information requests.

Rehn suggests creating public registries detailing the scientific basis behind government decisions on pesticides and GMOs, stating that transparency upfront would eliminate the need for requests and save time for officials.

Koltun is also concerned about the government’s proposal to systematically extend deadlines when multiple requests are received from the same person. This could impact his ability to assist clients. Immigration applicants often need access to previous statements for various reasons, such as dealing with Immigration Canada. These details, accessible via access to information requests, are crucial for new applications.

Koltun notes that the department requests a lifetime of a person’s information, sometimes including records from their childhood. Ottawa’s proposal is still in the consultation phase, with the Treasury Board Secretariat stating its intention to promote transparent, accountable, and participatory governance. However, the secretariat declined to provide further details.

In the House of Commons, Treasury Board President Shafqat Ali affirmed the government’s commitment to transparency, accountability, and fairness, and mentioned discussions with Information Commissioner Caroline Maynard, who has vocally criticized the proposals.