How Canada’s FOI system broke under its own weight 🧵 By robyndoolittle and tom_cardoso Data analysis by amiham_singh and Yang Sun SecretCanada
As part of its reporting, The Globe filed a series of FOI requests designed to test precedents that had been set by appeals bodies and the courts, including precedents dealing with contracts. For example, The Globe asked for copies of a waste collection contract between theThe request was fully denied under an exemption that protects business trade secrets.
One provincial senior policy analyst told The Globe that things as simple as workplace politics can lead to documents being withheld. In a typical FOI process, co-ordinators track down files, subject matter experts examine records for exemptions and – particularly with sensitive files – senior officials will have final approval of releases. No one wants to make an enemy of a superior.
In Toronto's financial district, law firms can sometimes find work from public bodies that want to drag out FOI requests.Patricia Kosseim, Ontario’s current Information and Privacy Commissioner, said she regularly sees organizations hiring expensive lawyers as a way of prolonging While a law firm’s billings to a government on FOI matters depend on the type of appeal, a complex dispute over a request for a large amount of correspondence could cost $50,000 to $100,000, Mr. Michaluk said. A narrower appeal focused on a smaller number of documents could cost between $10,000 and $20,000. Those are the kinds of files Mr. Michaluk’s practice specializes in.
Unable to manage the load, governments have taken to hiring out millions of dollars worth of freedom-of-information work, creating a cottage industry of FOI contractors. According to a confidential report that was prepared by the
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