Canada’s access to information laws need to be strengthened to counter conspiracy theories and disinformation, B.C.’s information and privacy commissioner says.
“Our access to information laws, rather than improving, have been eroded, Michael McEvoy told Glacier Media.
Federal, provincial and territorial information commissioners and ombudspersons made the plea in a joint resolution Oct. 4.
The resolution highlights persistent challenges in delivering timely responses to access to information requests, underscoring the need to implement alternative and efficient mechanisms for providing access to records, including through proactive disclosure.
“Access to government-held records has become more critical now than ever in an era of misinformation — and disinformation — that exacerbates divisiveness and entrenchment of views and perspectives, undermines confidence in the legitimacy of democratic institutions, and causes greatest harm to our most vulnerable populations,” the resolution said.
Changes, the officials said, would restore a collective sense of social cohesion and trust in the country’s public institutions.
They said Canadians must be able to rely upon an accurate and truthful source of facts and evidence about present and historical events.
McEvoy is one of the signatories to the resolution. He said fighting conspiracy theories and disinformation is not helped with information laws being weakened rather than strengthened. Canadian democracy is only strengthened when people have access to correct information that can be obtained under such laws, he said.
The new resolution builds on another joint resolution issued in 2019.
The officials said the signing of the new resolution signals a renewed sense of urgency in a drastically changed context.
They want governments to modernize legislation, policies and information management practices to advance transparency and ensure the preservation and dissemination of the country's documentary heritage, so Canadians can better understand the nation's past and present, and together chart a future path towards reconciliation.
The resolution calls on the following principles to be upheld:
• The culture of public bodies/institutions must be founded on the fundamental principle that information under their control belongs to the people they serve, and should be made available by default, including through proactive disclosure, recognizing that the use of exemptions or exclusions from the right of access should be limited and specific;
• Public bodies/institutions must ensure the creation and retention of easily accessible records, regardless of medium, in order to document historical facts and decisions, preserve the truth for posterity, and counter the rising sources of misinformation or disinformation;
• Public bodies/institutions must recognize the unique barriers to access impacting Indigenous peoples and groups and actively work to advance reconciliation by respecting principles of data sovereignty and ensuring full and timely access to records that belong to them;
• Public bodies/institutions must prioritize good information management by investing in robust information management governance systems and programs, adequately resourcing their information management units, and empowering them to ensure that disposition schedules are adhered to by all;
• Public bodies/institutions must further invest in adequate training and education to ensure all public service staff, including political staff conducting government business, understand their roles and responsibilities regarding records retention and preservation;
• Public bodies/institutions must ensure that the use of application fees, where applicable, do not interfere with an individual’s right to access government records, considering that vulnerable groups or individuals may be disproportionately affected by costs imposed on the right of access; and,
• Public bodies/institutions must transfer information of historical importance to their respective archival organization on a timely basis, declassifying documents as appropriate before transfer in order to assist their handling and review, enable their preservation and facilitate public access to Canada’s documentary heritage.
