Canada: The Perfect Case Study Suzanne Legault Interim Information Commissioner of Canada Panel 2—Specialized Institute, Ombudsman or Court: What Model to Follow? “Transparency in the Americas” October 27, 2009 Mexico City, Mexico

International Principles of Oversight Article 19, Principle 5 Requests for information should be processed rapidly and fairly and an independent review of any refusals should be available. Atlanta Declaration, Key Principle #4k The requester should be guaranteed a right to appeal any decision, any failure to provide information, or any other infringement of the right of access to information to an independent authority with the power to make binding and enforceable decisions, preferably an intermediary body such as an Information Commission(er) or Specialist Ombudsman in the first instance with a further right of appeal to a court of law.

Principles of Independence Non-partisan appointment process Accountability to legislative body Objective funding mechanism Arm’s length relationship to public bodies with the authority to promote compliance and influence change

Factors Determining Choice of Oversight Models “Numerous factors may influence the enforcement model chosen, and several further considerations will likely determine its overall effectiveness and success in enforcing the right to information.” (Laura Neuman, Carter Center, Enforcement Models: Content and Context) Political culture Maturity of bureaucratic structures Legal framework Economic environment Social environment

Canada: The Perfect Case Study

Canadian Oversight Bodies – Selected Authorities AB BC MB NB NL NT NS NU ON PE QC SK YT Order-Making X Ombudsperson Tribunal Independent Body Review Mechanism Investigative Powers Commissioner Initiated Complaints Approaches to Systemic Issues Advice on Proposed Legislation Advice on Information Management Public Education / Research

Measuring the Performance of Oversight Bodies Success factors Accessible and affordable Necessary degree of statutory authority to resolve complaints and enforce compliance with the legislation Capacity, based on an appropriately resourced office, to: Resolve complaints in a timely manner; and Identify and facilitate the resolution of systemic issues Mechanism to advise government on legislative initiatives and influence change Mandate for public education and research Widely recognized results in improving compliance Impediments Lack of standardized definitions and data for performance measurement and comparative analyses

Assessing Compliance Report cards to evaluate the impact of or issues associated with Extensions, consultations and delays Highly sensitive requests Information management Human resources Leadership Systemic issues – findings Chronic delays Deficiencies in information management Insufficient qualified personnel Lack of leadership

Transparency in the Digital Era Open government data must be: Spidered or indexed to exist; Available in open and machine readable format to engage; and In a legal framework to allow it to be repurposed to empower. (David Eaves, Expert in public policy and open source and network systems)

A New Model Is Needed Old model based on government New model based on Managing information on behalf of citizens Disclosing information in reactive mode Disseminating information via conventional communications channels Restricting use and re-use of information, e.g. Copyright New model based on Citizen engagement Proactive disclosure Multi-sector dissemination of information Free flow of information