Thank you, Mr. Speaker. For the past two years I have been committed to seeing access to information legislation in place for the people of the Northwest Territories. Today I remain as committed to that goal as I ever have been.
The formal motion I have placed before the House, Mr. Speaker, would allow the 12th Legislative Assembly to express its support for that goal, as well. It would show the people of the Northwest Territories that its elected officials support the concept of "open government" and that we are willing to legislate access to information as one aspect of that concept.
My motion would also place the responsibility for bringing forward this legislation with the Government Leader and her colleagues. I am asking our House to adopt the principle that the Government of the Northwest Territories should bring forward this legislation during the second session of the 12th Assembly. The basis for my motion is found in the four whereas clauses which Members will see on the page before them. I would like to make a few comments on each one.
Background About Private Members' Bill
Members may know, Mr. Speaker, that during the final session of the 11th Assembly I sponsored a Private Members' Bill that would have given the Northwest Territories its first Access to Information Act. This bill would have given the public a right to access information in certain records under the control of the Government of the Northwest Territories. However, the law would have also prevented the government from releasing information that violated individuals' rights to privacy or interfered with the government's duty to carry out certain executive functions. Perhaps more important, the bill would have given people a "right" to examine what government files say about them and to make sure it is accurate.
I am sure you will remember, Mr. Speaker, that the debate on my Private Members' Bill was long and at times difficult for each one of us. On July 6th the 11th Assembly voted that the bill should not proceed to third reading and the Access to Information Act died.
Other Canadians
With that vote, Mr. Speaker, the people of the Northwest Territories were denied a right that is presently enjoyed by other Canadians. Currently New Brunswick, Newfoundland, Nova Scotia, Manitoba, Saskatchewan and the Yukon have laws which specifically allow people to access government information. The federal government and the legislatures of Ontario and Quebec have also enacted laws that include rights pertaining to the protection of privacy as well as accessibility to government records. In British Columbia, the Harcourt government made the absence of an access to information act an election issue and anticipates that a bill will be brought forward in the new year.
Mr. Speaker, I was truly dismayed last July when the 11th Assembly failed to pass the Access to Information Act. I was troubled not only because of the decision but because of what it said about us. Our debate did not focus on the substance of the bill. In fact, when we tried to carry out a clause by clause review, opposing Members would not present their views on the clauses -- they only shouted, "Nay, nay."
Mr. Speaker, you now that I felt then -- and I still feel -- that this sent the wrong message to political observers across Canada. That message was that the Northwest Territories has not matured to the point where people believe in the right of individuals to know what their government is doing -- that they are still as willing to accept closed-door decision-making by bureaucrats and councillors as they were when Stu Hodgson was Commissioner.
Public Reaction During The Territorial Election
Fortunately, Mr. Speaker, the people of the Northwest Territories sent out a different message during the territorial election. Across the North candidates were asked to take a position on whether or not we should have an access to information act. The voting public demonstrated, I believe, that right-to-information legislation is welcome and important, and something that northern residents desire.
Adopting The Principle Of The Legislation
With this motion we are proposing that the House adopt the principle that the Government of the Northwest Territories should have legislation that addresses access to information. I want to emphasize, Mr. Speaker, that this is not the sort of motion where ordinary Members make a recommendation to the Executive Council and government Members abstain. This is a motion intended to demonstrate that this whole Assembly believes in the principle that there should be access to information legislation.
I plan to vote "yes" because I believe in it. If other Members wish to vote "no" because they do not, then their position will be clear. But I would ask my honourable colleagues, please do not abstain. This issue is too important.
Also, Mr. Speaker, I am sure that you will personally recall that when the final vote was taken on my Private Members' Bill there was a "free vote" so Members of the cabinet could vote with their conscience on the issue. I would strongly encourage my eight colleagues on the other side of the House to follow the same procedure on the motion before us now.
What are the reasons we should embrace the principle that access to information should be legislated, Mr. Speaker? 1) We should do it because the right of the people to know what their government is doing is one of the fundamental principles in a democracy. 2) Without that knowledge, it becomes impossible for voters to assess the performance of their elected representatives. 3) We should do it because right-to-information laws increase government responsibility and accountability. By making elected officials and key public servants aware that government actions are subject to public review, there is less danger that inappropriate or illicit decisions may be made about the use of government resources and public funds. 4) We should do it because in a free society every citizen should have the right to know what the government's records say about him or her and should be able to correct any untrue information, mistakes or omissions.
Mr. Speaker, those are the reasons why I believe strongly that this Legislative Assembly should formally adopt the principle that right to information legislation should exist in the Northwest Territories. Now, from time to time some "hidden voices" have been heard to say that the Northwest Territories does not need to have legislation that gives people the right to access government records. These voices have argued that the Access to Information Act will stimulate government employees to try to sanitize and edit records to stop people from finding out how they perform their work.
Mr. Speaker, I find that this statement insults the overwhelming majority of territorial public servants who are proud of their work and make sound decisions that the public would respect.
When I was drafting my Private Members' Bill, I spent many hours reviewing research studies into what happens to a public servant when right-to-information legislation is introduced. I have found that, after the initial adjustment period, government officials become accustomed to working in an open-government environment and hardly think about it at all. If anything, it motivates them to strive for even higher quality in their work and encourages the government to develop more efficient record-keeping systems.
Mr. Speaker, the proof of this lies in the fact that of all the jurisdictions in Canada to enact right-to-information legislation, not one has ever repealed those statutes without immediately replacing them with another. If this sort of law has such a negative effect on the public service, why have other provinces not gotten rid of theirs? In fact, it is embarrassing to recognize that the Province of Saskatchewan gave assent to its first Freedom of Information and Protection of Privacy Act just 19 days before the 11th Assembly voted ours down. If it is such a bad principle, why did someone not let Saskatchewan know?
No, Mr. Speaker, one cannot avoid the fact that the government will work better when people are able to monitor what is going on. That is why we must embrace the principle of this legislation.
Government's Responsibility To Bring In Legislation
I want to say a few words about my views on the government's responsibility in this area. I originally sponsored the Private Members' Bill to establish an Access to Information Act. Members of the Legislative Assembly tend to use Private Members' Bills when they realize there is a need for law in a certain area that the cabinet is unwilling or not ready to legislate.
Mr. Speaker, throughout my eight years as an MLA, I have noticed that decisions about what should make up the public record have been made by the government Ministers rather than by the public. That is not the way it should be. Yet the Executive Council in both the 10th Assembly and the 11th Assembly did not bring forward the needed legislation. That is why I sponsored my own Private Members' Bill. However, the truth is that there are some definite advantages to having this legislation brought in by the government rather than as a Private Members' Bill. Four main reasons have convinced me that it will be best for the government to bring forward this legislation:
1) The government has a wide range of professional resources it can draw on in the Department of Justice and its cabinet officials. Private Members do not. A Private Members' Bill is costly and time-consuming to develop, and we have now entered a period of fiscal restraint.
2) Through my research I have come to believe that the very best access to information legislation establishes an information commissioner who is charged with responsibility for implementing statutory requirements of the act. A private Member would be unable to bring forward this sort of legislation because it carries direct financial implications. The government, however, is free to explore this promising approach.
3) The "Strength at Two Levels" document proposes broad changes to the organization of several government departments. I believe that this legislation would be most effective if it was developed in conjunction with the new systems and responsibilities for information storage and retrieval that will undoubtedly need to be developed as the departments are reorganized.
4) The Beatty report also carries some implications that, if implemented, may alter the framework for relations between the territorial government and community governments.
For those reasons I think it will be best for the Access to Information Act to be introduced as a government bill. I do not believe it will be necessary for the government to go right back to square one on this initiative. I believe that much of the initial groundwork has been completed when I was preparing my Private Members' Bill. I also believe that the Minister of Justice will give this matter the priority it deserves, and we should be able to have something before us during the second session.
The new process recommended by the standing committee on legislation, if adopted, will allow the House to give this bill an open and thorough public review. I have spoken with the Minister and told him that I am certainly prepared to forward the technical and resource information I have collected and to offer assistance in any way I can.