Letters of recommendation traditionally describe the prime minister’s marching mandates for each of his ministers after taking office – and are usually issued by governments across the country. The Ford government, however, is struggling to keep its letters of recommendation from the public shortly after taking office as prime minister in June 2018. Although it has been instructed to release the files by the former Ontario Commissioner for Information and Confidentiality and its appeals against this decision have been dismissed at every court level so far, the province has decided to use its last resort to prevent disclosure: the Supreme Court of Canada. Attorneys at the Attorney General’s Office filed their appeal in the Supreme Court on Monday for an appeal. decision of the Ontario Court of Appeal to dismiss the case of the Ford Government. The country’s highest court may refuse to hear the case. If it does, then the government will have to issue the letters of order. But if the Supreme Court agrees to hear the appeal, there is almost no chance that the letters of intent will be made public before the June elections in Ontario. The delay in publishing the letters of mandate until after the election is the only reason that James Turk, director of the Ryerson University Center for Free Expression, can think of to explain the decision to appeal again.
“It is a complete waste of money”
“Whatever is in the mandate, they do not want it to come out,” Turk said. “This is the only thing I can imagine, because it is a total waste of money – they have lost at every level.”
At the request of the government, Crown’s lawyers argue that the Supreme Court should adjudicate the case because it raises issues of public importance, such as what constitutes cabinet discussions.
The Ontario government has applied for permission to appeal against the Ontario Supreme Court ruling in the case of the Supreme Court of Canada on March 28. (Adrian Wyld / Canadian Press)
“This will also be the first time that this honorable court will consider the constitutional role of the prime minister in setting the cabinet’s agenda and whether the prime minister’s debates can reveal the substance of the cabinet’s debates,” the statement said. of the application.
The Ontario Freedom of Information and Privacy Act states that any files that “disclose the substance of the deliberations of the Executive Board or its committee” are excluded from disclosure in accordance with what is commonly referred to as an exception in Cabinet files.
The county used this exception to deny access to Ford’s 23 letters of recommendation when CBC News first requested the files in the summer of 2018.
But in 2-1 decision released in Januarythe Ontario Court of Appeal found that both the initial decision of the Review by the Divisional Courtthey reasonably found that the letters of mandate did not reveal the substance of the cabinet discussions and should therefore be disclosed.
“Letters are the highlight [the] consultation process, “wrote Judge Lorne Sossin. “While emphasizing the decisions made by the prime minister, they do not shed light on the process used to make these decisions or on the alternatives that were rejected along the way.
“Therefore, the letters do not threaten to disclose the cabinet consultation process or policy-making.”
Access to other files is at stake
The Center for Free Speech, the Canadian Association of Journalists, the Canadian Journalists for Free Expression, the Aboriginal Television Network, and News Media Canada have taken to the streets to argue about the dangers of expanding the archive. cabinet discharge from the province.
“[The province is] “Cabinet privacy is treated like this big black hole, where anything near anywhere near the closet falls into the black hole and can be held by the public for years,” Turk said.
James Turk, director of the Center for Free Expression at Ryerson University, says the broad interpretation of the Ontario government’s dismissal threatens future access to files other than letters of intent. (Zoom)
Regardless of whether the letters of mandate are made public before the election, Turk argues that the threat of a broad interpretation by the government could prevent access to other files in the future.
“If [the Supreme Court] “If he accepts the argument put forward by the province, then democracy in Canada will be much worse as a result.”
Ford issued a new series of letters of recommendation to his cabinet ministers last fall.
CBC News requested access to the file information, which was denied. The ruling cited the cabinet’s exception to the provincial privacy law, along with three new exceptions for government advice, a lawyer’s privilege and records that “affect Ontario’s financial or other interests”. CBC News appealed the decision to the Data Protection Commissioner.
Unknown access denial cost
It is not clear how many tax dollars and state resources have been spent to deny the public access to letters of order. For more than two years, CBC News has been trying to get information about how much time Crown’s lawyers have devoted to the case letter. The Attorney General’s Office rejected two requests for access to information, claiming the privilege of a lawyer-client. The most recent access request, which requested the total number of hours that Crown’s lawyers have devoted to the case from July 2018 to July 2021, is now being appealed to the Privacy Commissioner. Documents received by CBC News about his initial request for access to information about letters of intent make it clear that senior officials within the Ford government planned to keep the records from the public. In an email dated July 31, 2018, the then executive director of policy to the Prime Minister, Greg Harrington, says, “here are the letters. As I said, the intention is to keep them to ourselves as long as possible.”
