Review of ‘broken’ freedom-of-information system to finally get underway in P.E.I.

Toby MacDonald has dedicated the past six years of her life to uncovering the truth behind the multiple asbestos breaches that occurred during renovations at her daughter’s high school, Three Oaks Senior High, in 2017. These renovations took place while students were still attending classes, without the initial notification to families. In a recent video posted on social media, MacDonald displayed numerous pages from a response to one of her many freedom of information requests. She highlighted the extensive redactions made by the P.E.I. government, indicating withheld information.

Expressing her frustration with the lack of transparency and accountability, MacDonald described the freedom of information system on P.E.I. as “broken” in a private message to CBC News. Her relentless pursuit of answers has led her to believe that the system is failing the public in providing access to crucial information. This sentiment is further echoed by concerns raised by Peter Bevan-Baker, a member of the standing committee on health and wellness.

The committee is set to begin discussions on a review of the province’s Freedom of Information and Protection of Privacy Act, a process mandated by law to commence in 2024. However, Bevan-Baker fears that the review may not delve deep enough to bring about the necessary reforms. Despite his efforts to establish a separate committee dedicated to the review, the initiative was stalled due to procedural issues.

The challenges faced by P.E.I.’s freedom of information system are evident in the prolonged processing times for government information requests, with documents often heavily redacted, making it difficult for applicants to access pertinent details. Bevan-Baker cited an example involving the province’s contract with the NHL, where critical information was redacted, necessitating a subpoena to reveal the unredacted version.

The privacy commissioner’s office is overwhelmed with appeals and reviews, with CBC News reporting multiple cases dating back several years. The significant backlog has prompted the commissioner’s office to increase its staff capacity to address the mounting workload. Despite these efforts, delays in decision-making persist, hindering public access to essential government information.

Paul MacNeill, publisher of Island Press, emphasized the detrimental impact of prolonged processing times on public interest, noting that access requests that previously took months now extend to years. The lack of transparency and accountability within P.E.I.’s freedom of information system underscores the urgent need for comprehensive reforms to ensure timely access to government information.