CCRA Real Property

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Open and Controlled Society Access to Government
and Corporate Information University of
Manitoba, Winnipeg May 10, 2002 Constructing an
Effective Access System
Andrée Delagrave, Chair, Access To
InformationReview Task Force
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Todays Presentation
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Task Force Mandate
Conduct a comprehensive administrative and
legislative reviewof access to information and
make recommendationsto government to improve
access to government information for all Canadians
Honourable Lucienne Robillard
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What the Task Force Is Looking At
What needs to be modernized in the Access Act in
light of changes in government, new technology,
globalization, evolution in other jurisdictions,
decisions, and citizen expectations?
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What the Task Force Is Looking At
What dispute resolution and redress mechanisms
would ensure effective and fair resolution of
complaints and foster organizational learning?
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Process Leading to AI Task Force Recommendations
InformationGathering

• Proposals

• Public
• Roundtables

• Public Service

• ATI
• Coordinators

• Provinces countries

• Submissions

• Stakeholders

• IC Reports

• Academic

• Statistics

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FACTS AND FINDINGS
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Facts Findings
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Facts Findings
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Facts and Findings

• In 2000 2001, 20,789 requests were received by
  federal institutions. There has been a steady
  increase in the number of requests under the Act
• In the last 5 years ( from 1995-96 to 2000-01)
  there has been an increase of 64 in requests
• Size, sophistication, complexity and sensitivity
  of requests have increased as well

Over one-half of all requests are made to five
government institutions
Human Resources Development
Citizen Immigration
National Archives
National Defence
Health Canada
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Comparisons 1985 - 2000
Change in Number of Requests From 85-86
Change in Costs From 85-86
Change in ATI Staff From 85-86
Change in Number of Requests Carried Forward
From 85-86
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Facts and Findings Users of the Act
Academic 1
There has been increased use by law firms and
parliamentarians
Media11
A limited number of requesters generate the
majority of requests. In 1998, 35 of requesters
made more than1 request in that year, and 11
made more than7 requests.
Businesses 40
Organizations16
General Public32
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What We Are Finding Requesters

• Informed requesters with focused requests
  generate lower costs. Omnibus (fishing
  expedition) requests generate higher costs
• Frivolous and vexatious requests are very rare,
  but they do exist and give a bad name to access
• Burdensome, unfocused requests more common

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What We Are Finding Effective Requests

• A regular contact with the requester throughout
  the life cycle of request would have a positive
  impact on the precision of requests, satisfaction
  of users and workload of Information Commissioner
• Many jurisdictions have a duty to assist
  requesters

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What We Are Finding Requests
Vast majority of requests are small(less than
100 pages released)
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What We Are Finding Comparisons with Others

• In looking at other jurisdictions in Canada and
  abroad, the performance of the federal access to
  information regime is generally quite comparable
  
• The challenges are strikingly similar
• timeliness
• resourcing
• information management
• transparency of new service delivery bodies
• effective oversight and resolution of disputes
• creating and maintaining support

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Disposition of Requests
9.8
10.03
18.7
3.3
28
35.6
19.5
21
5.6
51.3
49
30.9
45
37.5
15.3
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Facts and FindingsThe Act
In balance and design the Act is sound
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Facts and FindingsPractices
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What We Are Finding Visible and Invisible Issues
LEGISLATION
DATA
SYSTEMS PRACTICES CULTURE
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ACCESS THROUGH DIFFERENT LENSES
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Looking at Access to Information
SYSTEMIC LENS
LEARNING LENS
CULTURAL LENS
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Access to Information Systemic Lens
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The Systemic Lens

• For the system to work well a number of
  components need to work together
• Access needs to be looked at in a holistic
  fashion
• There is no magic bullet for solving the
  shortcomings of the system
• To be effective, improvements have to be made on
  all fronts legislative, administrative, cultural

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Learning Lens

• How much organizational learning is our access
  system generating ?
• For the system to improve, it has to have the
  capacity to learn

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Access to Information Learning Lens
PROBLEMS

• Raw data -- no scrutiny
• Ineffective processes
• Little management information
• IC findings not publicized
• Insufficient central leadership and support
  capacity
• Programs out of the loop
• Insufficient training
• Investigation process unclear for institutions
• Lack of collaborative approaches

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Learning LensTrust is critical to Learning

• Trust requires the parties to have stable
  expectations of each other - interactions are
  routine, predictable and reliable - the parties
  share the same interpretative scheme to define
  situations (G. Corriveau)
• Maximize opportunities to build trust - minimize
  those that destroy trust (R. Snell)
• Trust is a cyclical thing - it needs to be
  rebuilt on an ongoing basis(B. Tuckett,
  Manitoba Ombudsman)

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Cultural Lense
No matter how well crafted an accesslaw may be,
it will only be a good law ifpublic officials
make it work (J. Reid, Information Commissioner)
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Cultural Lense

• External Advisory Committee recommends that
  culture be specifically targeted for reform
• Culture is a critical factor in achieving
  compliance
• Public servants supportive of ATI principles but
  frustrated with process
• Prescriptive legislation and coercive measures
  can deter non-compliance -- not effective in
  encouraging positive compliance

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Access to Information Cultural Lens
CREATING A CULTURE OF ACCESS
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The Cultural Lens What the public servants say
Supporting Factors

• Good information management
• Proper training
• Leadership
• Proactive release policies
• Clearly articulated requests
• Adequate resources
• ATI a senior management priority

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Cultural Lens Constructing a Culture of Access
Tools to do the job

• Providing public servants with the resources and
  the tools required to do access work efficiently
  is not a luxury
• It is an absolute prerequisite to organizational
  cultural change

Embedding access in values of the Public service
Awareness training ofpublic servants
Incentives Accountability
How to serve Ministers
Supportive Management
Corporate leadership
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Cultural Lens Constructing a Culture of Access
Values of the Public Service In the heart of
most public servants lies the conviction that
service to the public, ..., to the public
interest, is what makes their profession like no
other. It is why they chose it, for the most
part, and why they keep at it, with enthusiasm
and conviction, despite difficulties and
frustrations along the way.
Tools to do the job
Embedding access in values of the Public service
Awareness training ofpublic servants
Incentives Accountability
How to serve Ministers
Supportive Management
Corporate leadership
(Report on Ethics and Values in the Canadian
Public Service, 1999)
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Cultural Lens Constructing a Culture of Access

• Democratic values importance of access to
  information as it supports transparency in
  governments, and informed citizenry
• Service values stewardship and provision of
  information are part of the service role
• Professional values excellence in creating and
  managing information is part of the public
  service professional standards

Tools to do the job
Embedding access in values of the Public service
Awareness training ofpublic servants
Incentives Accountability
How to serve Ministers
Supportive Management
Corporate leadership
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Cultural Lens Constructing a Culture of Access
Tools to do the job

• Found a generally low awareness of principles and
  Act
• Should be part of orientation training for new
  recruits
• Training should be tailored for specific needs of
  institutions
• Part of management training
• Training should include the principles of access
  best practices

Embedding access in values of the Public service
Awareness training ofpublic servants
Incentives Accountability
How to serve Ministers
Supportive Management
Corporate leadership
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Cultural Lens Constructing a Culture of Access
Tools to do the job

• When we recruit, we gild the lily, describing
  the great job responsibilities. We sell the
  nice part of the job but we dont talk about ATI.
  Its not really mentioned in the job
  description. (Participant - Public Service
  Discussion Groups)

Embedding access in values of the Public service
Awareness training ofpublic servants
Incentives Accountability
Incentives Accountability
How to serve Ministers
Supportive Management
Corporate leadership
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Cultural Lens Constructing a Culture of Access
Tools to do the job

• In a pressure-driven system of competing
  activities, there are almost no rewards for
  program managers for giving priority to finding
  and then reviewing responsive records (David
  Flaherty)
• Access work needs to be legitimized as real
  work, valued work and rewarded work (Gladys
  Symons)

Embedding access in values of the Public service
Awareness training of public servants
Incentives Accountability
How to serve Ministers
Supportive Management
Corporate leadership
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Cultural Lens Constructing a Culture of Access
Tools to do the job

• Improved visibility, positive incentives, and
  accountability are required
• Organizational culture is constructed in the
  day-to-day routines that are accepted by all

Embedding access in values of the Public service
Awareness training ofpublic servants
Incentives Accountability
How to serve Ministers
Supportive Management
Corporate leadership
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Cultural Lens Constructing a Culture of Access
Tools to do the job
Embedding access in values of the Public service

• Perceived conflict between supporting a Minister
  releasing sensitive information needs to be
  addressed squarely
• Public servants serve Ministers under the law

Awareness training ofpublic servants
Incentives Accountability
How to serve Ministers
Supportive Management
Corporate leadership
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Cultural Lens Constructing a Culture of Access
Tools to do the job
I expect that impending release of
sensitive information will be brought to my
attention in a timely manner so that I may
respond to questions. This requirement however
should not in any way contribute to delays in
responding to access requests
Embedding access in values of the Public service
Awareness training ofpublic servants
Incentives Accountability
How to serve Ministers
Supportive Management
Corporate leadership
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Cultural Lens Constructing a Culture of Access
Tools to do the job
Responding to the request for information from
citizens in a timely manner is essential not
only because of the requirements of the access
legislation, but also to enhance the opinion
Canadian citizens have of this institution and to
promote the Departments objective of
transparency.
Embedding access in values of the Public service
Awareness training ofpublic servants
Incentives Accountability
How to serve Ministers
Supportive Management
Corporate leadership
Minister
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Cultural Lens Constructing a Culture of Access
Tools to do the job
The formula is simple to create a broad
culture of access, employees mustbe encouraged
by their superiors to generate and maintain it.
Embedding access in values of the Public service
Awareness training ofpublic servants
Incentives Accountability
How to serve Ministers
Supportive Management
Corporate leadership
(G. Symons)
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Cultural Lens Constructing a Culture of Access
Tools to do the job

• Right management signals
• Appropriate exercise of discretion in
  decision-making
• Ensuring access training
• Monitoring compliance
• Adequate resources and
• Fostering sense of pride in responsible
  disclosure

Embedding access in values of the Public service
Awareness training ofpublic servants
Incentives Accountability
How to serve Ministers
Supportive Management
Corporate leadership
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Cultural Lens Constructing a Culture of Access
Tools to do the job

• Leadership from the centre required
• Need to rebuild capacity in Treasury Board as a
  centre of excellence expertise in collaboration
  with Justice
• TBS to provide leadership and support to ATI
  community training, expertise, classification,
  promotion of role, succession planning

Embedding access in value of the Public service
Awareness training ofpublic servants
Incentives Accountability
How to serve Ministers
Supportive Management
Corporate leadership
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The Cultural Lens 4 Key Mindsets To Promote

• Access as regular program delivery to Canadians
• Awareness in all public servants of creating
  Government of Canada records
• Focus on responsible release -- instead of
  protection of information
• Providing information to Canadians a valued part
  of every public servants job

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CONCLUSION
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Conclusion

• Our challenges are not unique - but we need to do
  much better
• Act overall is still sound - the basic systems
  are in place
• Needed now not a revolution -- but constant and
  irreversible evolution toward more transparency
• Need for a comprehensive approach - legislative,
  administrative and cultural. An investment of
  time, leadership and resources. And a vision of
  providing information to Canadians that looks
  beyond the narrow purview of the Access to
  Information Act

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Conclusion