Trudeau's creepy tweaks to info laws force filings to prove the right to access documents

In 2015, in his first mandate letter to Canadians, Prime Minister Justin Trudeau promised a more open government and that free access to information was a default position of his government.

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The recent changes to access to information rules now require an additional test for filers for federal documents, which requires a test for proof of a right to see them.

"If the information contained in the request is insufficient to establish that the person making the request has a right of access under section 4 of the Act, the government institution must request additional information from the person in order to confirm their right of access."

The new rules, introduced without consultation, echo New Zealand's:

The amendment that allows additional information to be sought when the request is insufficient to ensure the right of access mostly aligns with New Zealand. New Zealand’s access to information regime allows institutions to make “reasonable enquiries” to ensure requesters’ right to access.

Misalignment of these amendments with the remaining assessed countries (U.K., USA, Australia, and France)is likely due to these countries offering a universal right of access to government records, contrary to Canada.

As well, the aforementioned Canadian provinces (Ontario, Quebec and B.C.) also provide for a universal right of access to government records.

In 2015, in his first mandate letter to Canadians, Prime Minister Justin Trudeau promised a more open government and that free access to information was a default position of his government:

Canadians need to have faith in their government’s honesty and willingness to listen. That is why we committed to set a higher bar for openness and transparency in Ottawa. Government and its information must be open by default. Simply put, it is time to shine more light on government to make sure it remains focused on the people it was created to serve – you.

 

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