Inkless Wells

Paul Wells on all the latest out of Ottawa—along with the occasional post about jazz. Follow Paul on Twitter: @InklessPW

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Farewell Bob Marleau, we barely knew ye! No really — we really, barely knew ye at all!

by Paul Wells on Tuesday, June 23, 2009 8:37am - 13 Comments

And so Information Commissioner Robert Marleau announces his retirement, prompting a veritable avalanche of how-will-you-be-able-to-tell-he’s-gone jokes.

This corner has been a reluctant critic of Marleau, who is a real gentleman in person and whose contributions to Parliamentary procedure as clerk of the Commons were legion. But he spent a very long time getting ready to criticize this government, even as he would occasionally be heard to whisper that its record on providing a free flow of information was getting more and more alarming. Here’s the combined list of macleans.ca Marleau blog posts. Note especially this post, in which Marleau defended himself against his assorted accusers. I thought that was a really classy move, and I was prepared to give him the benefit of the doubt. In that interview he said:

But those who are waiting for an attack-dog commissioner will have to wait for the outcomes of what I can do because it’s not normally my posture. There’s a time to bite. There’s a time to bark. If all you do is bark, then after a while you don’t hear the dog. I’m not saying you have to wag your tail, but sometimes backing off gives you some results.

Fair enough. So what does he do when it’s time to bite? He retires.

Yesterday’s communiqué cites “personal reasons,” and again I’m inclined to give the benefit of the doubt. There really are personal reasons for making career decisions in Ottawa, and it’s cheap cynicism to discount them. But then Marleau gave an interview to Jim Bronskill, one of the Press Gallery’s most dedicated users of the Access to Information law. And the personal reasons he gives are…well, see for yourself:

“I’ve got a six-year-old grandson who can handle a fishing rod now, so I think it’s time to move on,” said Mr. Marleau, 61.

After working to improve the administration and financing of the commissioner’s office, the job would soon involve more vocal lobbying to improve access to federal information, he said in an interview.

“The next phase for me here would be to go more aggressively into the kind of advocacy I think this commissioner has to do. And I think it would have been unfair to the [access] community to go six months into a kind of personal-style kind of advocacy and then pull out.

Goodness.

To sum up: he spends three years defining his role as one of enhancing the administration of the Access Commissioner’s office. By God, that’s got to be the best-run Officer-of-Parliament office in the whole darned Commonwealth. Ship-shape, ladies and gentlemen! Top of the line! But then, when the moment comes — not a second too soon, some might say — to use this gleaming vessel of office flowchart perfection on behalf of the citizens whose access rights under law are being stymied at every turn — well, that’s precisely the moment Bob Marleau’s gone fishin’.

His stance for three years was that it was too early in his tenure to bark. Now he hands off to an interim commissioner; the government can take all the time in the world finding a permanent replacement; and then the newbie will, in all likelihood, feel bound by the same rookie reticence that made Marleau so mild a guardian of the law. Probably the new guy or gal won’t actually hold his or her tongue for three freaking years, mind you, but still.

The opposition parties need to approve the appointment of a new information commissioner. They should not hesitate to veto the Prime Minister’s choice if they are not satisfied he has found a canine with healthy gums. It is not true that any information commissioner is better than none. As we have seen.

Tags: Robert Marleau

More by Paul Wells

Kaplan

You should throw your hat in the ring, Wells. Seriously.

http://intensedebate.com/people/SisyphusThis SisyphusThis

Heh, heh. You just know the PMO is waiting for that application to come in.

Strelnikov

The Information Commissioner's office is a joke, a toothless tiger. I am still waiting for results of an appeal made nearly 2 years ago.

In contrast, the Quebec Access to Information Commission gets the job done lickety split. The 2 appeals I made resulted in full disclosure.

Shame on the federal office. Mr. Marleau is right to resign, since he wasn't up to the task.

What it needs is not a sycophant, but a dedicated public servant with a backbone. Someone like former commissioner John Reid.
Mulletaur

If the federal Information Commissioner had the power to make orders for complaints to be resolved, it would matter a lot more who is chosen. As it is, who really cares what the Information Commissioner says or does ? Governments are hardly going to become more open merely by virtue of the Information Commissioner's persuasive power.
Earth Man

This appeared two days ago – the net day he is "resigned"

http://www.thestar.com/News/Canada/article/654249

excerpt:
"We were amongst the leaders in the world," says Robert Marleau, the federal information commissioner.

But the leader has become the laggard after 26 years of "static decline," Marleau says.

"Since then it's been the same song and dance, no effort by any government to have this legislation or these processes keep pace with time, change and technology," he said in an interview.

Today, the access to information system is collapsing from a combination of neglect and bureaucrats foiling citizens' right to know through foot-dragging and fees…..
T DIDN'T HAPPEN overnight. Instead, this trend has been in the works over decades with both Progressive Conservatives and Liberals in government, though many observers agree that the worrisome trends have accelerated since Prime Minister Stephen Harper took power in 2006.

University of Toronto political science professor Lorraine Weinrib charges that Harper has an "extended track record" of showing disdain for the principles and practices at the heart of Canada's constitutional system.

"While Harper touts the democratic principle as his ideal, his actions align with another principle – an all-powerful executive authority that makes his own rules," she writes in an essay for a book titled Parliament Democracy in Crisis.

She notes how the Conservatives cancelled the court challenges program, which provided funding for court challenges by rights advocates. Harper himself has challenged the non-partisan officers of Parliament, such as the head of Elections Canada and the ethics commissioner.

Savoie, a long-time observer of parliamentary traditions in both Canada and Britain, bemoans the shift of power away from MPs and cabinet members to non-elected advisers around the PM.

Orson Bean

I'm sure there are some fair points in there re: access to information, but Prof. Weinrib wanders seriously off-topic in bringing up the Court Challenges Program, which has virtually nothing to do with either access to information or, for that matter, "the principles and practices at the heart of Canada's constitutional system".

Earth Man

keep spinning for your CPC Overlords – they never tire of getting smoke blown up their asses.

The rest of us, not so much.

Orson Bean

So let me see if I can summarize your position on this: unless one blindly and unquestioningly supports the Court Challenges Program, one is a tool of CPC Overlords (and I guess that's regardless of whether one is a CPC member or even voted for them).

Like, would you care to actually make a substantive policy argument? Or is flinging poo all ya got?

http://intensedebate.com/people/Inkless Inkless

Just to be clear: Whatever spurred it, Marleau certainly resigned, rather than being fired, because the government can't fire an Officer of Parliament.

http://intensedebate.com/people/madeyoulook madeyoulook

And even if they could (have fired him), would they ever be so daft as to have fired this rottweil–, uh, bulld–, uh, doberm–, uh, cute quiet little puppy as a watchdog?

Robert marleau

Fare thee Wells!

"…there is nothing more difficult to take in hand, more perilous to conduct, or more uncertain in its success, than to take the lead in the introduction of a new order of things. Because the innovator has for enemies all those who have done well under the old conditions, and lukewarm defenders in those who may do well under the new. "
The Prince by Niccolo Machiavelli
Alliances with "for profit data brokers and wanna-be commissioners" may not always be in the public interest.
Here's the link for applications for the post. Feel free to circulate to your friends: http://www.infocom.gc.ca/notice_vacancy-note_vaca…
Cheers!
The Commish
p.s. My communications director did not approve this message…
Dan

Oh Commish…C`mon…quoting Machievelli again…thats getting pretty old and stale…yes and `why not preach us the the sand box rules while your at it! The staff at the OIC might have had to put up with your quotes but in the real world it just comes off as so much fluff from someone who simply was over their head and never took the time to understand what their real job was…that was when he was actually in the office. Next time before you throw dirt at the previous administration make damm sure your in a position to do a better job…Good riddance!