Successive governments have promised for 10 years to modernize Quebec’s law on access to information. But the only thing that changes… is the name of the minister responsible for the file.
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If the Legault government intends to improve the Act respecting access to documents held by public bodies and the protection of personal information, it is hiding its game well.
The minister responsible for the file, Jean-François Roberge, says little about this file and refused our invitation to talk about a possible reform.
It was necessary to pursue his attaché for several weeks to finally obtain the following statement: “reflections are underway. We will comment when we are more advanced.
The Professional Federation of Journalists of Quebec (FPJQ) has not had any better luck and has still not managed to meet the minister.
“We didn’t feel much appetite for the government to do anything about the law,” says President Éric-Pierre Champagne. In fact, the main problem with this law is that governments don’t care about it.”
No less than four ministers took turns in this matter under the CAQ government. First there was Sonia LeBel, followed by Simon Jolin-Barrette, then Éric Caire. In October 2022, it was Mr. Roberge who inherited it among many other responsibilities, after a difficult time at the Ministry of Education.
It also manages the French language, secularism, Canadian relations and the Francophonie, and democratic institutions.
The Commission for Access to Information (CAI), the watchdog responsible for ensuring the application of the law, nevertheless recommends reforming the latter so that the minister responsible for this file has a greater role and a real leadership, question of strengthening the culture of transparency.
Its new interim president, Rady Khuong, did not wish to grant us an interview.
No bill in sight
In 2014, then newly elected, the liberal government of Philippe Couillard promised to reform the law. But the bill was tabled too late, in spring 2018, a few months before the elections, so that it was never studied.
Since the CAQ came to power in 2018, its deputies have not fought on the buses to change the access law.
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In 2022, on the occasion of Press and Media Week, the National Assembly still unanimously supported a motion recognizing the importance of “carrying out reform”.
In May 2023, questioned by liberal Michelle Setlakwe, Minister Roberge recognized “that ultimately” the law had to be improved.
“You have an ally in me,” he declared while refraining from committing to tabling a bill during his mandate.
“I can’t go any further than that at this point. So, in no way am I refuting that or going in the opposite direction, he said. I think we’re going to have to do it, but I think we have to do things in order for it to go well.”
Many problems
Deadlines not respected, great disparity in the application of the law according to the organizations, extreme redaction, refusal to transmit a document… the problems with the current law are numerous.
It is possible to challenge refusals to disclose documents or unsatisfactory responses, but the delays in obtaining a hearing with the CAI are, in turn, extremely long.
Result: organizations subject to the law do not hesitate to refuse a document then, if the file is contested, information is suddenly transmitted several months later, even years later… on the eve of the hearing.
“This tactic just serves to save time,” said the president of the FPJQ.
The CAI recommends that the government provide consequences for organizations that do not respect the response deadline. It also suggests to the government more uniform, precise and transparent reporting.