Major access to information deficiencies within two ministries, Premier's Office: Report

(NEWS 1130) There are major deficiencies in the access to information practices of two provincial ministries, as well as the Premier’s office, according to a new report by BC’s information and privacy commissioner.

Negligent searches for records, a failure to keep emails, not documenting searches and destroying records after access to information requests — those are the findings from Elizabeth Denham about how things have been handled at the Ministry of Transportation and Infrastructure.

“In the course of this investigation, we uncovered negligent searches for records, a failure to keep adequate email records, a failure to document searches, and the willful destruction of records responsive to an access request. Taken together, these practices threaten the integrity of access to information in British Columbia,” says Denham.

The commissioner launched the investigation after Tim Duncan, a former executive assistant in the office of the Transportation Minister submitted a complaint that a co-worker deliberately deleted an email after a Freedom of Information request related to the Highway of Tears.

“I found Mr. Duncan to be a credible witness and that, on a balance of probabilities, his account of the events of Nov. 19, 2014 was truthful. In contrast, I did not find Mr. George Gretes to be a reliable witness. He admitted to giving false testimony under oath, and aspects of his testimony were contradicted by other evidence.”

Her office has referred this case to the RCMP for an investigation of possible offences.
Denham is making 11 recommendations in this report, including the introduction of technology to prevent this from happening and better training. The report also found poor practices in the Premier’s Office and the Advanced Education Ministry.

“At the direction of the Premier, I have asked the former BC information and privacy commissioner David Loukidelis to advise government on how to address the recommendations. Mr. Loukidelis will also provide advice and direction on how we can enhance freedom of information training for staff,” says Technology, Innovation and Citizens’ Services Minister Amrik Virk.

He adds the provincial government will address the recommendations immediately.

“Government is already addressing a number of the recommendations. This includes the Ministry of Transportation and Infrastructure’s agreement to provide the additional 36 pages of information and the Ministry of Advanced Education’s commitment to provide the requested 20 email records. Both information releases will be in accordance with the Freedom of Information and Protection of Privacy Act.”

The worker accused of deleting the emails related to the FOI request has resigned.

Critics react

This case came up in the Legislature this morning and things got heated between the NDP and the Liberals. The leader of the NDP says the report is a scathing indictment of the government’s culture of deception.

“It’s a lie, a lie, a lie — that’s what it is, there is no getting around it,” shouted NDP Leader John Horgan.

NDP MLA Doug Routley says this government does whatever it takes to win. “My question is to the minister responsible for Freedom of Information, your staff are breaking the rules, the law and the public’s trust. What are you going to do about it?”

The BC Freedom of Information and Privacy Association says it’s hard to overstate the severity of the findings.