Transparency in Canada: A Time for Great Expectations Suzanne Legault Information Commissioner of Canada Canada School of the Public service Ottawa November 10, 2011

Introduction “ Transparency is an idea whose time has come.” Shekhar Singh, The Genesis and Evolution of the Right to Information Regime in India Since I last addressed the Armchair Discussions Series, much has happened on the transparency agenda and this is great news. Commissioners joint resolution enjoining all governments across Canada to adopt an Open government Platform – September 2010 Canadian government made its public commitment to Open Government in March 2011 and reiterated its commitment in its Speech from the Throne at the inauguration of the 41st Parliament Government has officially joined the Open Government Partnership – Sept. 2011 7th International Commissioners Conference in October National and International focus on Canada’s performance on transparency agenda Upcoming 30th anniversary of our legislation - 2013 My own personal goal of working with all stakeholders towards restoring and re- establishing Canada as a leader on freedom of information matters Leads to great expectations - appropriately so Transparency: Named Word of the Year 2003 at Webster’s New World College Dictionary

Right to Information - Back to Basics Stephen Lewis at the ICIC Article 19, Universal Declaration on Human Rights (United Nations, 1948) “Everyone has the right to freedom of opinion and expression; the right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers.” Today my conversation with you will be about our Right to Information – where it comes from, where we are in Canada, and what our expectations should be. I will argue that we should, as Dickens would say, have great expectations – not only for ourselves but for the impact that Canada can - and should have - on societies around the world. And transparency is one of the tools that can assist in this endeavour.

Right to Information in the 21st century Accountability “…public access to information is the arteries that keep democracy healthy…” , Right to Know Community recommendations to President Obama and Congress, November 2008 Engagement “…the evolving relationship between the state and its citizens as value creators and the emergence of an expanding public space shaped by modern communications technologies have created networked societies…” Jocelyne Bourgon, A New Synthesis of Public Administration Efficiency “…force multiplier for the effectiveness of government…”, David Eaves Innovation Need to transform our public institutions into platforms for networking, Tim O’Reilly Public sector information = National asset Canada, like all other nations worldwide, is faced with a number of complex public policy issues. These public policy issues arise in the context of a high degree of interdependence among nations. One need only consider public health, environmental and financial issues to understand this readily. Simultaneously, two key change makers are transforming our public institutions. First, public administrations are looking to reduce their own costs of operations and are thus reducing their capacity in many respects, especially in the public policy field. Second, the evolving relationship between the state and its citizens as value creators and the emergence of an expanding public space shaped by modern communications technologies have created networked societies.

Right to Information in Canada Where We Are Section 2 of the Act is consistent with concept of disclosure of public sector information Section 4(2.1) - Accurate, complete and timely, in the format requested ( Federal Accountability Act, 2006) SCC Dagg recognizes quasi-constitutional status SCC Criminal Lawyers’ Association, s. 2(b) of the Charter 2. (1) The purpose of this Act is to extend the present laws of Canada to provide a right of access to information in records under the control of a government institution in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific and that decisions on the disclosure of government information should be reviewed independently of government. (2) This Act is intended to complement and not replace existing procedures for access to government information and is not intended to limit in any way access to the type of government information that is normally available to the general public. (2.1) The head of a government institution shall, without regard to the identity of a person making a request for access to a record under the control of the institution, make every reasonable effort to assist the person in connection with the request, respond to the request accurately and completely and, subject to the regulations, provide timely access to the record in the format requested.

Right to Information Where We Are Open Government - March 2011 Open Data Open Information Open Dialogue Speech from the Throne – 41st Parliament Open Government Partnership – September 2011 Action Plan - Spring 2012

Right to Information Where We Are Declining performance under ATIA Timeliness 69% to 56% Disclosure 41% to 16% National security exemption 5% to 20% Performance of institutions 15 under performing for majority of all requests Investigations Cases in inventory – 2000 DRAP impact

Right to Information Opportunities ICIC has brought focus of national and international community Commissioners, Transparency International, Article 19, Access Info Europe, Centre for Law and Democracy, CCLA, CBA, Advocates, Academics, Journalists, CIOs Open Government Partnership – Opportunity to lead 30th Anniversary of coming into force of ATIA OIC leadership in investigations and international assistance Technology and uniform standards for data collection and publication Social Media Free Trade

Right to Information Where We Should Go Fix ATIA legislation and performance Develop action plan for OG and OGP in consultation with stakeholders, including private sector View our role from an international perspective Share expertise liberally Standardize data - International Aid Transparency Be responsible international actors - Extractive Industries Transparency Initiative Constantly innovate and evaluate Fund adequately

Conclusion Right to information is a fundamental human right Right to information in 21st century has broad implications for the well being of Canadian society Right to information in 21st century has broad implications for the well being of society as a whole Canadians should have high standards, they should have great expectations, international community should have high standards for Canada Should reclaim our leadership role in transparency because it has the power to transform lives at home and abroad