Ontario's freedom-of-information watchdog has expressed concerns that the provincial government's handling of documents related to the Greenbelt affair is eroding public trust. The Information and Privacy Commissioner, Patricia Kosseim, highlighted several systemic issues in her annual report. These include the deletion of emails, the use of personal devices for government business, and the adoption of codewords that hinder document searches.
The commissioner's report dedicates a significant section to access-to-information appeals related to the government's decision to develop parts of the protected Greenbelt area. This decision is currently under criminal investigation by the RCMP. The report cites findings of potentially illegal email deletions by political staff, as well as the use of personal devices for government business and the adoption of "opaque codewords" in emails.
The report notes a "near-total absence of decision-making documentation" for the government's selection of land for development in the ecologically sensitive zone. This includes a lack of records of meetings involving Premier's Office staff. The commissioner warns that these issues, if unaddressed, risk undermining government accountability and eroding public trust.
While acknowledging these concerns, the commissioner also noted that the government has since tightened procedures and increased staff training on recordkeeping obligations. These actions are seen as "positive movement toward compliance," but ongoing oversight is still needed.
The commissioner has issued rulings in numerous cases related to the Greenbelt, including one ordering the Premier to produce his personal cellphone records, which the government is challenging in court. The Greenbelt plan was withdrawn after reports concluded the decision was driven by political staff, not expert civil servants.
The commissioner stated that the lack of documentation makes it impossible for the public to understand how and why a decision is made. She emphasized that transparency is crucial for maintaining public trust. The report also references a previous probe into the deletion of emails and records related to the cancellation of natural-gas power plants, which resulted in criminal charges. The commissioner urged the government to ensure compliance with its record-keeping obligations.
The report highlights the use of codewords, such as "G," which made it difficult to find relevant records. The commissioner stated that while she does not "impute any intention" to this practice, it frustrates searches for documents and is not a good practice.
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