Environmental Bureau of Investigation
THE TORONTO STAR,  Tuesday 15 June 1999
EDITORIAL 

Harris should rid government of secrecy 
 

                  With a victorious Premier Mike Harris deciding the kind of 
                  government he'll offer next term, Information and Privacy 
                  Commissioner Ann Cavoukian has issued a timely report. 

                  Cavoukian finds ample room for more openness. But openness 
                  isn't what she found in 1998. 

                  Which will it be post-election? 

                  Any doubt about the importance of openness was removed by 
                  the government's admission, last week, that arsenic is 
                  poisoning the old gold mining town of Deloro, near Madoc. 

                  The environment ministry never told residents that arsenic in 
                  the soil, home-grown vegetables and the dust is 30 times what's 
                  healthy. Now, lawsuits loom. 

                  But Cavoukian found an even more pervasive problem - bad 
                  service. 

                  The province answers 42 per cent of information requests in 30 
                  days, against 84 per cent by municipalities. In part, that's a 
                  legacy of staff cuts - also blamed by the Ombudsman for bad 
                  service. 

                  But service would be slower still if excessive fees didn't 
                  discourage many from even asking. 

                  If he wants, Harris can use Cavoukian's report as a basis for 
                  better service and lower fees. More staff cuts will tell us, 
                  however, that the door is closing. 

                  The report, unfortunately, is less helpful to the public than to 
                  Harris. That's because Cavoukian reveals the departments 
                  doing well but not the ones doing badly. 

                  The Ministry of Labour, for example, is doing well in answering 
                  70 per cent of requests in 30 days. 

                  Presumably - because she doesn't mention them - the 
                  environment and health and solicitor-general's ministries all are 
                  doing badly. 

                  These three, plus labour, get 76 per cent of all the public's 
                  information requests. To drag the average down to 42 per cent 
                  from the labour ministry's 70 per cent rating means the worst 
                  could be hitting deadlines only once in six requests. 

                  But Cavoukian won't say which is worst. Too bad. It doesn't 
                  become information commissioners to withhold information, 
                  and tar the merely mediocre with the same brush as the utterly 
                  appalling. 

                  She says the numbers - bad and good - will be published next 
                  year. Harris, meanwhile, can find out where the fixes are needed, 
                  even if the public can't. Cavoukian also set out other needed 
                  fixes, such as Harris' 1995 Labour Relations Act. It contains 
                  such broad exemptions to access to information laws that 
                  employees can be denied their own retirement records. 

                  She is unhappy the public can't get safety records for elevators, 
                  amusement rides and gasoline handling. An independent 
                  corporation now inspects them. ``The important public safety 
                  issues have not changed, so why shouldn't the public continue 
                  to have access to these records?'' 

                  And she hits the government for exempting two of five 
                  companies replacing Ontario Hydro from information and 
                  privacy laws. 

                  What will Harris do? His response will be a telling comment on 
                  how open and accountable he thinks his government has to be 
                  with another majority in hand. 

 

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