After promising transparency, the provincial government has been largely secretive and unaccountable over the past ten years, a new report states.

The Canadian Association of Journalists (CAJ), along with the Canadian Taxpayers Federation (CTF) and the Manitoba Association of Rights and Liberties recently published a critical report stating the provincial government has not fulfilled promises to amend the Freedom of Information and Protection of Privacy Act (FIPPA). FIPPA outlines the means by which the public can acquire information not released by the provincial government.

“It’s easy in opposition to push for transparency,” said Colin Craig, the Manitoba director of CTF. “But with the NDP at the reigns of power they have been no better than previous governments.”

Access to otherwise undisclosed information is highly important to journalists, who require information that could be in the public interest.

“For people who care about access to information these findings are very disappointing,” said Mary Agnes Welch, a Winnipeg Free Press reporter who is president of the CAJ.

As far back as 1999, the government promised to establish an information and privacy commissioner who would have the power to order the government to disclose information.

The report claims the government is slow to respond to FIPPA requests, with only 58 per cent of requests receiving a response within 30 days.

Under FIPPA, an information request can be made to any public body. If there is no response within 30 days, or if a person feels they were unjustly denied access, they can complain to the Manitoba Ombudsman, which can recommend the government release the information.

The problem is that the government can withhold information despite the recommendation of the Ombudsman, said Craig.

“ For people who care about access to information these findings are very disappointing.

Mary Agnes Welch, president, Canadian Association of Journalists

FIPPA puts exemptions to access in two categories, mandatory exemptions and discretionary exemptions. Information considered a mandatory exemption will rarely be released. Cabinet confidences (like conversations or documents exchanged between ministers) less than 30 years old are considered mandatory exemptions.

“Cabinet confidences are the catch-all justification to deny access to information,” said Welch.

In the face of cabinet confidences and other broad exemptions, the Ombudsman’s office requires adequate power to demand the release of certain information, she added.

The Manitoba government recently passed several amendments to FIPPA. They include reducing cabinet confidences to 20 years and creating an information and privacy adjudicator with the power to order the disclosure of information only through the recommendation of the Ombudsman.

“Transparency is obviously a high priority of our government,” said Eric Robinson, Minister of Culture, Heritage, Tourism and Sport with the added responsibility of enforcing FIPPA. “The adjudicator will be an independent officer with power to order the government to act and I think that is a substantial move forward.”

The authors of the report remain skeptical about the power of the adjudicator.

“As a citizen I cannot appeal to the adjudicator for information,” said Welch.

The adjudicator is merely a middle-man between the Ombudsman and the government, she said.

Published in Volume 64, Number 7 of The Uniter (October 15, 2009)