The City of Victoria has taken steps to limit the ability of a local media outlet from accessing municipal records, an unusual move that is drawing criticism from freedom-of-information experts.
On Aug. 7, the city applied to the Office of the Information and Privacy Commissioner for British Columbia to cap the number of requests for information made by three individuals associated with Focus magazine, and anyone working on their behalf.
If granted, the magazineB次元官网网址檚 team would collectively be limited to one active request at a time, including the time to resolve any appeal. Given the average processing time for requests, magazine publisher David Broadland estimates the move would limit him to three or four requests per year.
For its part, the city claims requests for information by Focus are B次元官网网址渞epetitious,B次元官网网址 B次元官网网址渟ystemicB次元官网网址 and place an unreasonable burden on the cityB次元官网网址檚 limited resources.
ItB次元官网网址檚 an argument media lawyer David Sutherland doesnB次元官网网址檛 swallow.
B次元官网网址淭ypically what takes significant time is the assessment of the potential for political damage from the information itself,B次元官网网址 he said.
ItB次元官网网址檚 an important issue Canadians ought to care more about, Sutherland added. Freedom of information legislation is a significant part of democracy and the rights of citizens, he said.
B次元官网网址淲eB次元官网网址檙e going to allow our leaders to lead us, but subject to defined rules that require they be open to scrutiny.B次元官网网址
The cityB次元官网网址檚 actions, Sutherland said, essentially represent B次元官网网址渁 bureaucracy seeking to stop what is an appropriate level of scrutiny on the part of the public, and the public does that through journalists. Every member of the public is being denied access. It is not this particular magazine.B次元官网网址
The provinceB次元官网网址檚 former Information and Privacy Commissioner, David Flaherty, had a similar reaction to the development.
In an email to the B次元官网网址, he said it is B次元官网网址渁bsolutely outrageous for the City of Victoria to bring a section 43 application (requesting permission to disregard access-to-information requests) against a legitimate news organization that is simply doing its job and thereby acting in the public interest.B次元官网网址
ItB次元官网网址檚 also an extremely rare step for the city to take.
The B.C. Office of the Privacy Commissioner received approximately 40 applications of a similar nature by public bodies in the past decade. Of those, 16 cases were decided by an adjudicator.
Most of the adjudicated cases were filed by provincial bodies seeking to deny requests for information by past or present employees or clients. None sought to limit information to journalists.
In the City of VictoriaB次元官网网址檚 letter of application, corporate administrator Rob Woodland outlines his reasoning.
Since 2009, contributors to Focus magazine have filed 49 requests for information, he wrote. Five requests are currently outstanding.
B次元官网网址淭hese requests are part of a systemic and repetitious campaign intended to interfere with and discredit the Johnson Street Bridge Replacement Project,B次元官网网址 he wrote, adding that some requests are overly broad in nature.
In total, the city has disclosed 2,000 pages of records to Focus. One recent request took city staff 34 hours to compile, city spokesperson Katie Josephson wrote in an email to the B次元官网网址.
B次元官网网址淚tB次元官网网址檚 important that everyone have timely access to records and information, and currently, requests from the individuals affiliated with this publication are exhausting resources available,B次元官网网址 she wrote.
Broadland points out, however, that Focus has paid thousands of dollars in fees to acquire some of the cityB次元官网网址檚 records. B次元官网网址淩ather than adapting and adding resources, they are trying to stop (requests) from happening,B次元官网网址 he said.
City council was informed of WoodlandB次元官网网址檚 application after it was made.
Coun. Marianne Alto, who has pushed for more open government, said she struggled with the issue.
On the one hand, she is sympathetic with WoodlandB次元官网网址檚 decision.
If requests for information come in waves, she said, it affects the cityB次元官网网址檚 ability to respond in a timely way.
At the same time, she would support devoting more financial resources to B次元官网网址渙pen governmentB次元官网网址 initiatives, including the freedom-of-information process.
But this is just one priority among many important to this council, she qualified.
B次元官网网址淲eB次元官网网址檙e dealing with a finite number of resources.B次元官网网址
rholmen@vicnews.com