If the City of Victoria hoped to keep a low profile as it seeks to limit media access to information, it picked the wrong time of year.
Last week marked Right to Know Week in Canada, meaning cities across Canada held forums and summits to discuss the strength of freedom-of-information legislation at the federal, provincial and municipal level.
Smack in the middle of the week, news broke of to the Office of the Information and Privacy Commissioner. Under Section 43 of the Freedom of Information and Protection of Privacy Act, the city has requested permission to disregard some requests for information by a local magazine it believes is making repetitious and systemic requests that interfere with city operations.
It may be an unprecedented move in British Columbia, and the timing of the application served to shine a spotlight on the cityB次元官网网址檚 actions. Experts and advocates speaking at a forum held in Victoria on Friday used the event to ground their discussion.
Lawyer Micheal Vonn, policy director for the B.C. Civil Liberties Association, questioned the cityB次元官网网址檚 argument that it canB次元官网网址檛 keep up with Focus magazineB次元官网网址檚 numerous requests for information due, in part, to a lack of resources.
B次元官网网址淲hat is the analysis between the budget of the communications department and the budget (allocated to) Freedom of Information?B次元官网网址� she asked.
David Flaherty, B.C.B次元官网网址檚 first Information and Privacy Commissioner, also criticized the city.
He likens Section 43 to the penalty box.
During his term as commissioner, Flaherty said, he put an anti-abortion lobby group in the penalty box after they filed huge requests for information to the health authority.
B次元官网网址淏ut these are journalists,B次元官网网址� he said, comparing his historical case to the one before the commissioner today. B次元官网网址淭hatB次元官网网址檚 not your usual whacko applicant. I cannot believe that the City of Victoria has got itself in the situation where it is saying to a media organization, B次元官网网址榊ou can (only make one request at a time).B次元官网网址橞次元官网网址�
But Vincent Gogolek, executive director of the B.C. Freedom of Information and Privacy Association, warns itB次元官网网址檚 too early to make any firm conclusions.
B次元官网网址淢aybe (the city) is just a thinned-skinned public body whose freedom-of-information process doesnB次元官网网址檛 work that well,B次元官网网址� he said. B次元官网网址淢aybe theyB次元官网网址檙e tired of the negative coverage (by Focus).B次元官网网址�
This is the more likely reasoning behind VictoriaB次元官网网址檚 actions, but without seeing the nature of the requests filed by Focus, itB次元官网网址檚 hard to tell, Gogolek added.
Being a member of the media doesnB次元官网网址檛 necessarily preclude one of being guilty of what the city alleges, he said.
B次元官网网址淭hatB次元官网网址檚 why we have a commissioner to see what the public body has to say and rule accordingly.B次元官网网址�
The office of the Privacy Commissioner sent out a notice of hearing Sept. 27, but as yet no date for the hearing has been scheduled.
rholmen@vicnews.com
