Protecting Civic Space and Democracy in the Digital Era

Reforming Access to Information Disclosure Practices When the Government of Canada's web publication standards were established in the early 2000s, they were built on the assumption that posting online content equalled the same as traditional publications with ISBN numbers. However, this approach did not adequately account for the unique characteristics of disclosures mandated by the Access to Information Act (ATIA). Historically, government disclosure processes relied on physical, paper-based methods—such as viewing documents in person, sending mail copies, or fax transmissions—methods inherently different from formal publications like novels or advertisements. Current Challenges and Costs During the 2024 calendar year, over 63,000 informal requests for previously released ATIA packages were made. Some packages received informal requests from as many as 80+ different parties requesting a copy of the disclosure. Presently, some of these disclosures are still delivered physically on USB drives packaged in bubble-wrapped envelopes and transported by courier services. This practice incurs substantial taxpayer costs. Transitioning to posting online would significantly reduce these expenses while simultaneously increasing public accessibility and efficiency. Integrity and Authenticity of Disclosures Citizens request previously released ATIA documents primarily because of their evidentiary significance. Altering or reformatting these documents, such as publishing them as website content, introduces unintended editorial changes that compromise the authenticity and integrity of the disclosures. It is crucial to maintain documents in their original form to preserve their value as trustworthy evidence. Advantages of Online Access Enabling immediate, direct online access to previously processed disclosure packages would yield numerous benefits. Although many of these documents are already accessible through third-party platforms, the government continues to employ outdated, costly, and inefficient physical delivery methods. These outdated practices delay public access and unnecessarily consume public sector resources, exacerbating existing backlogs in formal ATIA requests. Moreover, the current physical delivery process disproportionately disadvantages Francophone populations and individuals with accessibility needs. Citizens cannot preview or easily determine the relevance of the content, often resulting in weeks-long delays with uncertain outcomes. This inefficiency exemplifies bureaucratic waste, creates unnecessary electronic waste, contributes to greenhouse gas emissions, and contradicts Canada's stated commitments to digital efficiency and environmental responsibility. Redirecting the funds currently spent on expensive courier fees towards translations and developing accessible digital formats—including utilizing AI-supported technologies—would far better serve diverse public needs. Policy and Regulatory Recommendations Prompt clarification of regulatory and policy frameworks is essential to clearly distinguish between disclosures and formal publications. Rapidly adopting an online disclosure system must explicitly communicate this distinction and reaffirm citizens' rights to request translations or alternative formats when necessary. Conclusion Implementing these recommended reforms would significantly enhance government transparency, operational efficiency, and equitable access to information. Aligning these practices with the principles established in both the Official Languages Act and the Access to Information Act highlights their quasi-constitutional importance, ensuring each act complements the other effectively. Ultimately, these improvements would reduce costs, minimize unnecessary delays, and foster greater civic participation—critical goals for strengthening democratic governance in the 21st century.We also need to remember Canada's obligation as a Open Data Charter signatory.------------- We will 1. Implement oversight and review processes to report regularly to the public on the progress and impact of our open data initiatives; 2. Ensure that information published as a result of transparency or anticorruption laws is released as open data; 3. Provide training programs, tools, and guidelines designed to ensure government employees are capable of using open data effectively in policy development processes; 4. Engage with the Freedom of Information / Access to Information / Right to Information community to align the proactive release of open data with governments’ obligation to release information on request;   5. Engage proactively with citizens and civil society and private sector representatives to determine what data they need to effectively hold governments accountable; 6. Respect citizens’ right to freedom of expression by protecting those who use open data to identify corruption or criticize governments;7. Encourage the use of open data to develop innovative, evidence-based policy solutions that benefit all members of society, as well as empower marginalized communities.