Have fun storming the castle!

by kadyomalley on Friday, June 26, 2009 11:14am - 20 Comments

Now this would definitely qualify as going out with a bang. From today’s installment of the Toronto Star’s almost-certainly-eventually-to-be-award-winning “Sham-ocracy” series:

Canada’s outgoing information watchdog is threatening to seize documents after complaints that the bureaucratic wing of the Prime Minister’s Office is stonewalling some access-to-information requests.

The information commissioner served formal notice on the Privy Council Office this week, warning that commission staff would use their legal powers to seize the documents themselves if the paperwork wasn’t provided by today.

“I’m about to walk into PCO next week … for files they didn’t give us. We’re going to take them and they can’t stop us,” Robert Marleau told the Star.

“I cannot be denied access. I can walk into any federal government premise without notice and take what I need.” [...]

“The powers are there for a reason so that where there is … stonewalling or deliberate obstruction, we can break that jam. By and large, I’m here to serve Canadians. So is the department that is being asked to give a response. We shouldn’t have to have a struggle,” he said.

Marleau is probing complaints about the PCO’s handling of access-to-information requests by Canadians. In particular, he wants answers on 150 cases that involve “administrative” issues – complaints that could include the PCO’s demand for photocopying costs, other fees and time extensions.

Marleau, who announced his retirement this week, made clear there’s no reason why such complaints could not have been informally resolved long ago, saving the time and effort of a drawn-out investigation as well as the frustration of those making the requests.

“We should be able to lick administrative complaints at the early resolution stage,” he said, snapping his fingers for emphasis.

He hinted at one possible motivation – the government’s desire to tie up a file and delay the release of information.

“If you overcharge for photocopies and got a complaint, that file was parked for two years. It takes the pressure off,” Marleau said. “I won’t let that happen any more.”

The Privy Council Office was unable to comment in time for deadline yesterday.

Just imagine the liveblogging possibilities! Not that the media would likely be be allowed to join the raiding party, of course — but we could hang around outside Langevin and wait for the wheelbarrows full of documents to start rolling out.  It would be just like the raid on Conservative HQ — without the cheesy Muzak, and with the added possibility of spotting Guy Giorno scowling down at us from the battlement as he boils the oil.  Of course, now that they know he’s serious — I mean, seriously serious — my guess is that the good folks at PCO will hand over the goods before Marleau shows up at the front door, but still. ITQ can dream, right?


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  • rumor

    Who wants to take a bet that the documents in question are misplaced or accidentally destroyed before next week?

    • Anon

      I hope they try it. Then we can put them in jail, where they belong.

  • http://intensedebate.com/people/SeanStok SeanStok

    "You will respect mah authoritaaaay!"

    • http://intensedebate.com/people/tdotlib tdotlib

      Yes – we need an editorial cartoon of that! But what character would Guy Giorno be?

      • http://www.intensedebate.com/people/SeanStok SeanStok

        "Oh my God!!! They killed Dion! You baaaastards!"

        (I know that's not Giorno, but it just came to mind…)

  • http://intensedebate.com/people/DallanInvictus Dallan Invictus

    Well, this will be interesting (as much for the particularly rare "proving Paul Wells wrong" aspect as anything else), but I rather wish it were more common for officers of Parliament and their ilk to exhibit this kind of backbone _during_ their tenures, instead of just before they end..

    (which is why I'm particularly vexed by the Federal Court ruling in the Keen case, but never mind that.)

    • rumor

      On the other hand, it's only because MPs are so muffled and spineless that we need to look to "independent officers of Parliament" to do MPs' work, particularly that of the committees. And now we're forced to bemoan those officers' lack of agressive scrutiny. So far down the rabbit hole we've come.

      • http://intensedebate.com/people/DallanInvictus Dallan Invictus

        It's almost as if there's a common cause to these problems!

        Sarcasm aside (not directed at you anyway: I know you know that), the power imbalance between the PMO and Parliament isn't inherent in the system (though if the only reason Parliament is more independent in Britain is because of the centuries of institutional history giving it additional legitimacy, then we are buggered).

        • http://intensedebate.com/people/Ed_Sweeney Ed_Sweeney

          This is a dispute with the PCO not the PMO. I suspect the vast majority are cases where citizens want an explanation for why the services of the government failed them.

          • http://intensedebate.com/people/DallanInvictus Dallan Invictus

            My mistake – though I actually did mean to use "PMO", it would be more accurate to say "the executive branch, or "the Crown", and thereby include the bureaucracy as well as the PMO as 'part of the problem'..

            As for the content of the requests – I suspect they're less individual than that, given the level PCO usually plays at, but that doesn't detract from their legitimacy.

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

    Uppity household servants. It's like whack-a-mole. Smack down the PBO and some other low-life
    sticks their head up. Commissioners and courts. It's just too much.

    • Dave

      There'll all Liberals, anyway.

  • http://intensedebate.com/people/sea_n_mountains sea_n_mountains

    i hope he does it, if they don't comply. showing some teeth within the limits of one's mandate is needed here.

    and ps toronto star, the PCO is not a wing of the PMO.

    • http://intensedebate.com/people/Ed_Sweeney Ed_Sweeney

      I should get in the habit of reading all the comments before I reply, save myself some typing.

      • http://intensedebate.com/people/sea_n_mountains sea_n_mountains

        i took a risk on this one Ed and barely beat you to the punch. I think it is a good example of my comment to you yesterday… that while i agree the PM's dominance over the cabinet colleagues is a major problem, the fact that so few people have retained an understanding of the system and/pr care to understand the system if facilitates things like PM dominance.

        • http://intensedebate.com/people/Ed_Sweeney Ed_Sweeney

          It may also be a Catch-22. We are never going to get a better parliamentary system until we get better MP's (who demand the power appropriate for their office) and we are never going to get better MP's until we get a better parliamentary system. Committees have to matter, legislators have to legislate, and representatives should be allowed to put the interests of their constituents before the interests of their party.

          • http://intensedebate.com/people/sea_n_mountains sea_n_mountains

            they are certainly interrelated.

  • PenGwen

    I know that the death of the King of Pop is a significant event, but admist the reels of the Hollywood Square of Fame, the Coronors office, and cause of death speculation, wouldn't you think that this would be mentioned in the teeny tinest way?

    Can't we balance our obsession with Hollywood royalty with good governance?

    Thanks Kady! For reporting Canadian News!

  • Wascally Wabbit

    Two thoughts come to mind.
    They have had practice at in and outing – they can probably play pass the parcel quite well when Robert Marleau and his stormtroopers come calling OR
    They can appeal to the highest court in the land…
    Also well practiced…OR
    They could blame the Liberal leaning media for stirring a tempest in a teacup…

  • Anon

    I think this proves that Marleau reads the Maclean's blogs.

From Macleans