Tag: long-gun registry

The Harper government moved to retroactively rewrite Canada’s access to information law in order to prevent possible criminal charges against the RCMP, The Canadian Press has learned. 

An unheralded change buried in last week’s 167-page omnibus budget bill exempted all records from the defunct long-gun registry, and also any “request, complaint, investigation, application, judicial review, appeal or other proceeding under the Access to Information Act or the Privacy Act,” related to those old records. 

The unprecedented, retroactive changes — access-to-information experts liken them to erasing the national memory — are even more odd because they are backdated to the day the Conservatives introduced legislation to kill the gun registry, not to when the bill received royal assent. 

The date effectively alters history to make an old government bill come into force months before it was actually passed by Parliament.

 Oh, but this gets better.  It turns out that this is intended to squelch an ongoing investigation by a parliamentary officer – the Information Officer, Suzanne Legault.

In an interview airing later Thursday on CBC News Network’s Power & Politics, Legault expanded on the ramifications of passing these amendments. 

“What this does is that it erases the right of the requester to have ever made this request. It erases the right of the requester to have ever complained to my office. It erases all of the investigative powers that I have used during this investigation. And it erases the referral that I have made to the attorney general of Canada. And it erases the recommendations I have made to the minister. 

“What these provisions do is they actually erase any potential administrative, civil or criminal liability for any actors involved throughout the investigation and in the destruction of those records in contravention to the Access to Information Act.”

Creating retroactive legislation in Canada that reaches back years in time is unusual, although technically legal as long as it isn’t a criminal code change.

“An argument has been made that there are elements in the information act, the Access to Information Act, that contradict something in that other piece of legislation. At best that is a loophole,” he said at an event in Windsor, Ont. 

“I’m not sure there really is a contradiction, but to be perfectly clear, the government is clarifying the information act to make sure it is in full conformity with Parliament’s already expressed wishes on the long-gun registry that the RCMP has executed as they were required to do according to the law.” 

The RCMP also rebuffed Legault’s accusations, saying it did nothing wrong.
“The RCMP disputes the OIC’s (Office of the Information Commissioner’s) view that it denied a right of access under the Access to Information Act by destroying records that were responsive to the request,” Sgt. Harold Pfleiderer said in a statement.   ( CBC )

However, in this case, it is quite clear that Harper is trying to squelch an investigation into possibly illegal actions of the RCMP and other government officials with respect to the Long Gun Registry data. So, even if this legislation is technically “legal”, it doesn’t mean it is right. No government should be using legislative fiat to make its indiscretions “disappear”.