The Office of the Information Commissioner has experienced increased spending on lawyers due to numerous legal challenges from federal government departments and agencies aiming to block the disclosure of public records. During a testimony to the House of Commons ethics committee, Commissioner Caroline Maynard revealed that the federal government had taken legal action to prevent the office from disclosing records. The commissioner explained that she issued 157 binding orders in 2022 to federal managers who refused to disclose records. In response, some institutions chose to challenge the orders, resulting in increased legal costs for the office.
When asked by Conservative MP Michael Barrett about the financial impact of appearing in Federal Court, Commissioner Maynard stated that she had to hire two additional legal counsels and allocate at least three employees to respond to the challenges. The Privy Council Office, RCMP, Department of Immigration, Department of National Defence, and Library and Archives Canada were identified as the worst offenders in obstructing the disclosure of public records. Commissioner Maynard highlighted the broken state of the information system and emphasized the importance of accurate and timely information for building trust between the government and citizens.
Commissioner Maynard also criticized Canada’s access to information system, describing it as a “40-year-old midlife crisis” that has not been modernized to remain relevant and effective. According to her, government institutions routinely violate the Access to Information Act, with little indication of their intention to address the issue. In an effort to reinforce the public’s right to access government information, including historical records, the commissioner issued a joint resolution with her provincial and territorial counterparts. The resolution highlights the importance of timely access to accurate facts and reliable information in countering misinformation and maintaining confidence in democratic institutions.
Ms. Maynard emphasized that access to information is not only a quasi-constitutional right but also a legal obligation for leaders and government institutions. Without transparency and knowledge of government actions, democratic decision-making becomes compromised. In a 2015 ministerial mandate letter, the Liberal government pledged to empower the commissioner to order the release of government information and promote greater transparency. The letter emphasized the government’s commitment to bringing about real change, setting a higher bar for openness and transparency in serving the people.