By Greg Duncan
In the realm of journalism, access to information is a cornerstone of investigative reporting. It allows journalists to uncover hidden truths, hold power to account, and provide the public with newsworthy information. In Canada, the process of making an access to information request is governed by the Access to Information Act (ATIA), a piece of legislation that, while essential, presents numerous challenges for journalists.
Understanding the Access to Information Act
The Access to Information Act (ATIA) was enacted in 1983 and grants Canadian citizens, including journalists, the right to access records held by federal government institutions. This includes documents, emails, reports, and other forms of recorded information. The purpose of the ATIA is to promote transparency and accountability within the government, allowing the public to scrutinize the actions and decisions of their elected officials.
The process of making a request
For a journalist or citizen, the process of making an access to information request begins with identifying the specific information they need. This could be related to government spending, policy decisions, or any other matter of public interest. Once the information is identified, the journalist or citizen must submit a formal request to the relevant government institution. This request can be made online through the Access to Information and Privacy (ATIP) Online Request Service or by mail.
The request must be clear and specific, detailing the exact information sought. Journalists often spend considerable time crafting their requests to ensure they are precise and comprehensive. This is crucial because vague or overly broad requests can lead to delays or denials.
Challenges
Despite the importance of the ATIA, journalists and citizens may face several obstacles when navigating the system. One of the most significant challenges is the delay in receiving responses. The ATIA stipulates that government institutions should respond to requests within 30 days. However, extensions are common, and it is not unusual for journalists to wait several months or even years for a response.
Another challenge is the redaction of information. Government institutions often redact sensitive information from the documents they release, citing exemptions under the ATIA. These exemptions can include national security, personal privacy, and cabinet confidences. While some redactions are necessary, excessive redaction can hinder a journalist’s ability to obtain the full picture.
Strategies for success
To overcome these challenges, journalists often employ various strategies. One effective approach is to build relationships with ATIP coordinators within government institutions. These coordinators can provide guidance on how to frame requests and may expedite the process. Additionally, journalists will often file multiple requests simultaneously to increase their chances of obtaining useful information.
Persistence is key. Journalists and citizens must be prepared to follow up on their requests regularly and, if necessary, file complaints with the Office of the Information Commissioner. This independent body oversees the administration of the ATIA and can investigate complaints about delays or improper redactions.
The impact of Access to Information
Despite the hurdles, access to information requests have led to significant journalistic achievements in Canada. Investigative reports based on ATIA requests have exposed government misconduct, wasteful spending, and other issues of public concern. These reports not only inform the public but also drive policy changes and accountability.
For example, in 2016, CBC journalist Dean Beeby used the ATIA to obtain documents revealing the government’s mishandling of a major infrastructure project. The resulting report led to increased scrutiny and changes in how such projects are managed.
Conclusion
Making an access to information request in Canada is a complex and often frustrating process for journalists and citizens. However, it remains an essential tool for investigative reporting and democratic engagement. By understanding the intricacies of the ATIA and employing effective strategies, journalists and citizens can navigate the maze and uncover the information that matters most to the public.
In an era where transparency and accountability are more critical than ever, the ability to access government information is a powerful asset for journalists and citizens alike. It empowers them to shine a light on the actions of those in power and ensure that the public remains informed and engaged.
I hope this column provides a comprehensive overview of the process and challenges involved in making access to information requests in Canada.
Check out these resources for detailed additional information and or to make an ATIP request in Canada and in Quebec:
https://www.quebec.ca/en/access-information
