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  • Archives for OpenGovernment (3)

post #44

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Published on: March 22, 2007
This response to Darce’s query on right to know views is from Mike Smith, the first from one of the four candidates in the Nova Scotia Liberal Leadership Race 2007. We greatly appreciate Mr. Smith taking the time and making the effort to provide us with his opinions on freedom of information.

Greg Pemberton
RTKNS Web Admin



Received: Thursday, March 22, 2007 10:31 AM

Dear Mr. Fardy,

Thank you for your email. Thank you also for your recent article in the Herald.


One of the most significant and important changes brought in with the Municipal Government Act was clarity around the practice of in camera decisions. I support the principles set out in the legislation and as Mayor and Warden adhered strictly to the principle of openness and to the belief in the limited application of the exceptions when an in camera meeting can be held. I am confident the media that covered Council in the last ten years support that view.

The cost of providing access to public records is part of the cost of doing the business of government. The fees in place presently are a disincentive to access. I cannot comment specifically on the fees that should be imposed but I do believe that the costs should be limited to a modest recovery of actual out of pocket costs like photocopying. With access to electronic storage it seems to me that even those costs would be unnecessary.

I am reminded of the recent controversy between AIMS and various school boards and the difficulty that they encountered in getting access to basic information critical to issues of accountability. In that case I recall it was not just the cost of access, which would have been in the thousands of dollars, but the fact that the school boards were not keeping information in a way that was easily accessible to the public. This suggests an institutional embrace of openness is required.

Regards,

Mike Smith

post #32

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Published on: December 6, 2006

Report on freedom of information (FOI) workshops sponsored by the Commonwealth Parliamentary Association in Roseau, the capital of Dominica, from November 27 to December 1

Representing the Right to Know Coalition of Nova Scotia it was a real honour for me to join Caribbean cabinet ministers, other politicians, government employees, university representatives, representatives of the Carter Center and a citizens’ rights group Jamaicans for Justice; and journalists at the four-day freedom of information workshop.

I participated on four panels. Other panelists included a senior specialist with the Organization of American States and the co-ordinator with the Commonwealth Human Rights Initiative in India.

Caribbean countries represented were Guyana, Jamaica, Anguilla, Barbados, Belize, Antigua & Barbuda, Turks and Caicos, Montserrat, Trinidad and Tobago, Cayman Islands, St. Kitts & Nevis, Grenada,, Saint Lucia and St. Vincent and the Grenadines. They are all members of the Commonwealth.

On the first day the panel discussed a favourite topic of Canadian Information Commissioners: How to overcome political and bureaucratic cultures of secrecy. I repeated what I have said many times, and it reflects the mission of our coalition: the culture will not change until citizens show they care. A sub topic for the panel was one on which I found little to say: How are parliamentarians employing innovative techniques and strategies to address the culture of secrecy and involve public officials in promoting openness. I had to concede I knew of no such parliamentary initiative in Canada, again, perhaps, because they feel no pressure citizens.

On another panel, this one discussing the role of the independent administrative bodies like Canadian Information Commissions and in the case of Nova Scotia, the review office. I stressed the importance of ensuring that these offices are completely independent of government, and are seen to be independent. “Without that,” I said, “and without public faith in the integrity of the body, the whole process will be suspect” and, I might have added, of little use. Some delegates were able to point to oversight bodies that were not truly independent.

As the conference ended delegates approved the conclusions drawn up by the Commonwealth Parliamentary Association, the representatives of the OAS and the Carter Center and myself. They included:

• FOI laws must be based on presumption of maximum disclosure;
• Countries without FOI laws should implement them as soon as possible;
• The development of FOI laws should be done through a participatory process and ensuring the widest possible consultation with the public;
• As far as possible information should be provided free of charge;
• If governments already have helpful access to information policies and procedures they should not be abandoned when FOI legislation is implemented.
• FOI education programs should be devised for government employees and the public.
• The FOI law should ensure that the appeals process is not so cumbersome or costly as to act as a deterrent to the public.

I believe the conference was well worthwhile and I believe it will result in increased awareness of the need for FOI legislation.

During the week I was invited to meet with local journalists to discuss FOI legislation and why it is important for journalists to know it and use it.

post #31

Categories: Uncategorized
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Published on: November 27, 2006

Where is Darce today?

Roseau, Dominica

from the Chronicle Herald
Nov. 5, 2006
Fardy to attend parliamentary association workshop on FOI

The head of Right to Know Nova Scotia has been invited to attend a freedom-of-information workshop organized by the Commonwealth Parliamentary Association.

Darce Fardy, the province’s former review officer for the Freedom of Information and Protection of Privacy Act, will head to Dominica later this month.

The Commonwealth Parliamentary Association’s mission is to advance parliamentary democracy in Commonwealth countries. The number of these countries adopting freedom-of-information legislation is growing every year.

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Secrecy, being an instrument of conspiracy, ought never to be the system of a regular government. - Jeremy Bentham
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