1. 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

2. 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.

3. 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

4. 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

5. Canada: The Perfect Case Study

6. Canadian Oversight Bodies – Selected AuthoritiesAB 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

7. 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

8. 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

9. 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)

10. 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