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October 3 1977

the other press

page 1§

 

 

 

More

freedom

 

The resolution called for the
enactment of information
laws at all levels of govern-
ment. and it called for a
review procedure in the
courts where the govern-
ment could show why a
document should not be avail
able for release upon
request. This is a reversal of
current practice where
the individual or group
has to show cause why
they want a particular
report.
In February, the Canadian
Bar Association héld a press
conference in Ottawa after
presenting its resolution to
both the Justice Minister and
the Prime Minister. ' Assoc
iation president Boyd Ferris
said the government had no
intention of introducing in-
formation legislation and it
was the Association‘s plan to
actively lobby for such laws.
In August, Ferris called a
press conference to release a
report by University of
Victoria Professor Murray

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Rankin which heavily at
tacked the government green
policy paper. The Rankin
report said ‘‘by the paucity
of its analysis, the blurring of
its stated opinions and the
mis representations of the
goals and practices of free
dom of information legisla
tion will not be forth
coming. ‘‘

There are many issues in

volved-in the freedom of
infor mation debate. These
include accountability of

governments and civil ser

vants, what precisely the
exemptions should be, the
amount of time needed be
tween the request for docu
ments and their actual pro
duction and the costs of
reproducing requested docu
ments. However, these are
all secondary to most obser
vers. For them the central
issue is the type of review
mechanism to be used if a
request for information is
denied. The question is one
of ministerial responsibility
versus judicial review.

The government's green
paper discusses five options
for such a review: a par
liamentary option, where the

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denial would be debated and
decided in Parliament; an
information auditor who

would report to Parliament
once a year on requests
denied; an information com

missioner with advisory pow
ers who would hear cases
and then report them public
ly but would leave final deci
sions to the minister; an
information ___ com

missioner with powers to
order release who would be
able to study a case and
order the minister to release
the document in question
after deciding that a case
was valid; and an appeal in
the courts.

The green paper rules out
court appeals and an informa
tion commissioner with

power to order release of
documents. The document
says these methods are incon
sistent with the theory of

ministerial responsibility and
anything done to advocate
these powers would set a

dangerous precendent at
odds with Canada‘s constitu
tion and traditions.

 

: Its all amatter of taste.

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: Represented in Canada by Sainsbury International Agencies Ltd.

~Sno-Bird

 

 

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the bubbly white wine
for when you next have
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SteMichelle

opurhlng Wate Wine
Wn Blanc Mousse

 

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