An international human rights organization is calling on all levels of government in Canada to continue answering access to information requests — and prioritize ones that relate to government accountability.
As governments across the country move to offer essential services only due to COVID-19, some are warning of delays in processing access to information requests, while others have stopped accepting new requests entirely.
It means the public has one less tool to understand how those in power are making decisions during a public health crisis.
“We’ve got, on the one hand, this incredible need for accountability and on the other hand, the institutions of accountability are operating well below their normal levels,” Toby Mendel, executive director of the Halifax-based Centre for Law and Democracy, said in an interview.
“So, it’s a cocktail for lack of accountability and at this time, the importance of access to information is much, much greater than ever.”
The Access to Information Act allows applicants who pay $5 to ask for documents ranging from expense reports to briefing papers from government bodies in Canada.
‘Canadians will expect a comprehensive picture’
Last week, the federal information commissioner urged federal agencies and departments to “take all reasonable measures to limit the impact on individuals’ right to access.”
She followed it up with a statement on Thursday, reminding public bodies about their obligation to document decisions and actions, even with many people working from home.
“When the time comes, and it will, for a full accounting of the measures taken and the vast financial resources committed by the government during this emergency, Canadians will expect a comprehensive picture of the data, deliberations and policy decisions that determined the government’s overall response to COVID-19,” commissioner Caroline Maynard wrote in the statement.
Information commissioner Caroline Maynard has released statements urging public institutions to take ‘all reasonable measures’ to limit the impact of COVID-19 on the public’s right to know. (Government of Canada)
But some institutions in the already-clogged federal system are halting access to information requests indefinitely.
“The Access to Information and Privacy Office has decided to put all access and privacy requests on hold until the situation returns to normal,” Public Services and Procurement Canada wrote in an email to an applicant last week.
The email didn’t say what part of the legislation allows it to put requests on hold indefinitely or how it would define “normal.”
A spokesperson for Public Services and Procurement Canada didn’t answer those questions, but said it “is prioritizing support for the government’s response efforts, as well as critical services, including administering pay and pensions, and maintaining building safety as part of its service continuity.”
Toronto not accepting new requests
The access to information system is not just slowing down at the federal level.
CBC News surveyed five cities — Toronto, Ottawa, Halifax, Vancouver and Calgary — and found their approaches to access to information during COVID-19 vary.
Toronto has temporarily suspended the intake of new access to information requests, saying it doesn’t have the capacity to search for responsive records. (Evan Mitsui/CBC)
Calgary, Ottawa and Vancouver say they are continuing to answer requests as usual during the pandemic while trying to minimize delays.
Toronto, Canada’s largest city, says it has “temporarily suspended the intake of any new [freedom of information] requests” so staff can “prioritize COVID-19 response activities.”
“It is not currently feasible to deploy staff resources to conduct the searches necessary to locate records in order to respond to new requests,” City of Toronto spokesperson Beth Waldman wrote in an email.
Waldman said transparency and right to information are still a priority, citing the city’s press briefings and “other communications to the public” during the pandemic. She didn’t specify when the city will start accepting new requests again.
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Earlier this week, the Halifax Regional Municipality’s website said it wasn’t accepting new requests for information or routine disclosure requests, where people can request information that’s already been released.
After CBC News asked why that was the case, the website was changed to say the municipality would accept requests, but applicants should expect delays “as municipal staff are working remotely and will not be in a position to search for records responsive to the request.”
Provinces are also handling the situation differently.
The New Brunswick Ombud’s Office has granted an extension to public bodies, giving them until May 29 to complete active requests.
But in Newfoundland and Labrador, public bodies are getting indefinite extensions, according to a letter sent to an applicant in March.
“The extension is approved for the time until government returns to normal operations,” the letter says, adding that the extension was approved by the province’s access to information and privacy commissioner.
‘Scrutiny from outside makes things work better’
Mendel said public bodies have been too quick to say they can’t handle processing requests.
“It is not appropriate for bodies to simply say we’re not processing requests anymore,” Mendel said.
“We have laws across the country. They set rules for the processing of requests and those rules must either be formally limited by a legal process or they must be obeyed.”
Toby Mendel, executive director of the Centre for Law and Democracy, says access to information is more important than ever to help hold institutions accountable. (Centre for Law and Democracy)
While he said it may be reasonable for public bodies to restrict employees from going into offices and looking for physical files, he believes public institutions should prioritize requests that deal with government accountability, including those from journalists and opposition politicians.
“Scrutiny from outside makes things work better,” said Mendel.
His organization has recently launched a tracker that examines how governments across the globe are handling access to information during a pandemic.
“In Brazil, for example, they sought to suspend the operation of the act and the Supreme Court said, ‘No that’s not legitimate, that is a key accountability institution,'” Mendel said.
“You can see that when the proper rule of law system is being applied to these measures, it doesn’t just allow governments to act as they might wish arbitrarily. “
Crisis could push access to information to modernize
Organizations that already struggled to respond to access to information requests will likely make access to information “an even lower priority” during a pandemic, according to Jason Woywada, executive director of the British Columbia Freedom of Information and Privacy Association.
“That does lead to concerns because those are the same institutions that likely require the highest degree of oversight to improve their processes and operations,” he said.
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But it also could push the country’s access to information systems to modernize.
Woywada supports that, as long as it’s done in a way that doesn’t put privacy at risk.
Nova Scotia learned that the hard way in 2018, after it was forced to shut down its online freedom of information portal after a privacy breach.
More than 7,000 documents, including hundreds with highly personal information, were downloaded in March 2018, but the breach wouldn’t be detected until a month later.
“The key consideration there is making sure that security is maintained and making sure that the privacy is maintained for the information of the individuals that is being used online, that we aren’t seeing a sudden increase in data breaches,” Woywada said.
SANTA CLARA, Calif. (AP) — The San Francisco 49ers placed All-Pro running back Christian McCaffrey on injured reserve because of his lingering calf and Achilles tendon injuries.
The move made Saturday means McCaffrey will miss at least four more games after already sitting out the season opener. He is eligible to return for a Thursday night game in Seattle on Oct. 10.
McCaffrey got hurt early in training camp and missed four weeks of practice before returning to the field on a limited basis last week. He was a late scratch for the opener on Monday night against the Jets and now is sidelined again after experiencing pain following practice on Thursday.
McCaffrey led the NFL last season with 2,023 yards from scrimmage and was tied for the league lead with 21 touchdowns, winning AP Offensive Player of the Year.
The Niners made up for McCaffrey’s absence thanks to a strong performance from backup Jordan Mason, who had 28 carries for 147 yards and a touchdown in San Francisco’s 32-19 victory over the New York Jets. Mason is set to start again Sunday at Minnesota.
After missing 23 games because of injuries in his final two full seasons with Carolina, McCaffrey had been healthy the past two seasons.
He missed only one game combined in 2022-23 — a meaningless Week 18 game last season for San Francisco when he had a sore calf. His 798 combined touches from scrimmage in the regular season and playoffs were the third most for any player in a two-year span in the past 10 years.
Now San Francisco will likely rely heavily on Mason, a former undrafted free agent out of Georgia Tech who had 83 carries his first two seasons. He had at least 10 touches just twice before the season opener, when his 28 carries were the most by a 49ers player in a regular-season game since Frank Gore had 31 against Seattle on Oct. 30, 2011.
The Niners also have fourth-round rookie Isaac Guerendo and Patrick Taylor Jr. on the active roster. Guerendo played three offensive snaps with no touches in the opener. Taylor had 65 carries for Green Bay from 2021-23.
San Francisco also elevated safety Tracy Walker III from the practice squad for Sunday’s game against Minnesota.
BRUSSELS – Canada walked away with some hardware at the Diamond League track and field competition Saturday.
Alysha Newman finished third in women’s pole vault, while Marco Arop did the same in the men’s 800-metre race.
Newman won a bronze medal in her event at the recent Paris Olympics. Arop grabbed silver at the same distance in France last month.
Australia’s Nina Kennedy, who captured gold at the Summer Games, again finished atop the podium. Sandi Morris of the United States was second.
Newman set a national record when she secured Canada’s first-ever pole vault medal with a bronze at the Olympics with a height of 4.85 metres. The 30-year-old from London, Ont., cleared 4.80 metres in her second attempt Saturday, but was unable conquer 4.88 metres on three attempts.
Arop, a 25-year-old from Edmonton, finished the men’s 800 metres with a time of one minute 43.25 seconds. Olympic gold medallist Emmanuel Wanyonyi of Kenya was first with a time of 1:42.70.
Djamel Sedjati, edged out by Arop for silver in Paris last month, was second 1:42.87
This report by The Canadian Press was first published Sept. 14, 2024.
MILAN (AP) — Bologna’s preparations for its Champions League debut are not going well though it managed to spoil Como’s first Serie A home match in 21 years on Saturday.
Bologna came from two goals down to salvage a 2-2 draw to gather three points from its opening four matches.
Bologna hosts Shakhtar Donetsk on Wednesday. Its only other appearance in Europe’s top competition was in 1964 in the preliminary round of the old European Cup.
AC Milan is also winless as it prepares for a Tuesday Champions League match against Liverpool. The Rossoneri hosted promoted Venezia later. Juventus drew at Empoli 0-0.
Como made a great start in the fifth minute when Patrick Cutrone attempted to roll the ball across the six-yard box but it took a huge deflection off Bologna defender Nicolò Casale for an own goal.
Bologna thought it was gifted a way back into the match on the stroke of halftime when referee Marco Piccinini signalled for a penalty following an Alberto Moreno handball, but he revoked his decision and instead gave a free kick because the handball was just outside the area.
Bologna improved after the break but found itself further behind when Cutrone raced onto a through ball and cut inside past a defender and fired into the far bottom corner.
Tommaso Pobega hit the post for Bologna, which finally pulled one back in the 76th through substitute Santiago Castro.
Another substitute helped the visitors snatch a point when Samuel Iling-Junior curled a fine strike into the top left corner in stoppage time.
Unbeaten sides
Juventus, and more surprisingly Empoli, are among six unbeaten sides.
Empoli held Monza and Bologna to draws either side of a shock 2-1 win at Roma. Juventus’ perfect start to the season was ruined by Roma in a goalless draw before the international break.
On Saturday, there were few clearcut chances in Empoli although home goalkeeper Devis Vásquez made spectacular saves to fingertip out a Federico Gatti header and deny Dusan Vlahovic in a one on one with the Juventus forward.
Empoli had a good opportunity in the 73rd minute following an Alberto Grassi one-two with Pietro Pellegri but the finish was straight at Mattia Perin.
The host could have won it right at the death but Gatti flew in with a great sliding block to keep out Emanuel Gyasi’s close-range effort.
Juventus hosts PSV Eindhoven in the Champions League on Tuesday.
