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| Last updated at 8:48 AM on 27/06/09 |
Bite-lite 
The Telegram
Mr. Ring, are you paying attention? Because there's an article in the Toronto Star you should be reading.
Ed Ring is this province's information and privacy commissioner, the public official whose job it is to keep the government's feet to the fire when the administration decides to keep information away from the public.
His federal counterpart, Robert Marleau, seems actually willing to bring feet to fires. On Thursday, he told the Toronto Star he's going to go right in and get files that the federal government is withholding.
"I'm about to walk into (Privy Council Office) next week ... for files they didn't give us. We're going to take them and they can't stop us," Marleau told the Toronto Star. "I cannot be denied access. I can walk into any federal government premises without notice and take what I need. ... Without serving a subpoena, I can walk in anywhere and get the documents I want and keep them for 10 days ..."
Interestingly, Ed Ring has the same powers in this province, all wrapped up in Section 52 of the access to information act: "1) The commissioner has the powers, privileges and immunities that are or may be conferred on a commissioner under the Public Inquiries Act. (2) The commissioner may require any record in the custody or under the control of a public body that the commissioner considers relevant to an investigation to be produced to the commissioner and may examine information in a record, including personal information." Then, there's section 53: "the commissioner has the right ... to enter an office of a public body and examine and make copies of a record in the custody of the public body."
The Telegram has now been waiting for a year and a half for the access commissioner's office to deal with an appeal of a case where Premier Danny Williams was supplied with so-called "purple" files on reporters before interviews. A request for those was answered by the premier's office with a denial that any such documents existed - even though staff have confirmed in writing that they did, and even though they were in plain sight in the premier's office.
Another request, for documents from the province's Department of Business, has languished for 12 months while the access commissioner's office went back and forth with the department through "informal" resolution efforts. Nothing's been resolved.
Under the act, the access commissioner has 90 days to complete a report on appeals.
It's about time for some formal action, and maybe a little flexing of the commissioner's powers. Otherwise, why even pretend they exist?
Does access to information have value to the citizens of this province? Of course it does.
Just look at today's front-page story on the back-and-forth battle over asbestos contamination at the demolition of the former Janeway property.
It's information anyone in that area of the city would want to know about - and it's information that no one has seen fit, without the prompting of the access to information act, to release publicly.
But if the people's watchdog has no interest in using his teeth or even barking once in a while, it won't take long for government to figure out there's no reason for it to comply.
Lap dog or guard dog?
That's for the incumbent to decide.
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27/06/09
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Graham from NL writes: Just another example of Danny Williams putting one of his friends in a position where they can be manipulated by the little tyrant and do exactly as he wants them to do. Why are we surprised at this? Its the way Danny Williams operates.
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| Posted 27/06/2009 at 8:58 AM | Alert an Editor | Link to comment |
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Bones from NL writes: Dannys lap dogs all of them. No wonder he surrounds himself with these people. When he says jump they all ask , how high sir.
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| Posted 27/06/2009 at 9:02 AM | Alert an Editor | Link to comment |
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W BAg from NL writes: Danny's fall from grace has started with alot of it being his own demise. Recently, people being layed off are disgruntled as we saw on teh norhtern penninsula last night. He has given out money without much thought and now alot of groups are wondering where is ours. This will haunt him in the next election. There is one thing people do not forget and that is money. In addition, his support of Wiseman has alienated another group, his tirade on SImms has hurt open line listeners and let's face it, there is no other medium better for politicians than those. Alot of outsiders were disappointed with the nurses contract dispute, these are not to mention his repeated refusal to grant Access to info requests, we have seen life long POPULAR politicians leave his cabinet only to find similar work elsewhere, Loyola Sullivan for one. Mark my words IF Williams is successful next election, the approval rating will be much much lower and we will see how his ego accepts that.
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| Posted 27/06/2009 at 9:25 AM | Alert an Editor | Link to comment |
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Curious from Nova Scotia writes: Does anyone know how the Privacy Commissioner's lawsuit against the Justice Department is progressing? It is an important case which may enable the Commissioner to put feet to the fire .
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| Posted 27/06/2009 at 11:22 AM | Alert an Editor | Link to comment |
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Peter McBreairty from Corner Brook, NL writes: I was fired from the position of Director of Student Services at the Qatar campus of the College of the North Atlantic (CNA) for allegedly admitting four students without proper documentation. CNA’s witnesses testified under oath at the Public Service Commission Management Grievance that all other students admitted prior to my employment at CNA had been properly admitted with completed applications and all required testing and documentation on file. Ed Ring, then Director of Appeals and Investigation with the Public Service Commission(PSC) oversaw this hearing and I believe that he and the PSC appointed Panel (senior executive members of government) acted with integrity throughout the hearing. Despite the fact that the Panel unanimously found in my favour, Treasury Board accepted the legal opinion of CNA’s external lawyer that the Panel erred in their decision and that CNA could win in court, and this matter is now before the court.
Since I have proceeded to court, two of those four student files have now gone missing.
Last summer, when I was advised that two student files from the Qatar campus went missing, I reported what I believe to be a breach of privacy under Part IV of the Access to Information and Protection of Privacy Act (ATIPPA) to Commissioner Ed Ring. He refused to investigate because the students did not report the breach themselves.
In May 2008 I submitted an application through the Supreme Court, Trial Division for the records of 48 students who had graduated from the Qatar campus of CNA to determine whether or not all students who were admitted prior to my employment had been properly admitted with all required documentation. A year has gone by and now CNA has just recently provided me with the partial files of of approximately 34 of the 48 students. Many of the student applications and requested documents are missing entirely and others are missing the requisite admissions documentation. However it is CNA’s position that even though they can’t locate the records, it doesn’t mean that they didn’t exist. (http://www.thewesternstar.com/index.cfm?sid=264419&sc=23).
It is my intent to file another complaint with Commissioner Ring regarding these additional missing student files. I’m not sure how many student applications and files have to go missing before the OIPC will consider that a breach of privacy has occurred. The files that I am requesting are the files of students who have received a certificate or diploma from the public college of Newfoundland and Labrador signed by the same CNA President as that of our local students. They are in all respects, graduates of the College of the North Atlantic. These are not the files of students who have graduated from a foreign college.
If 2 or 14 or more applications and required documents went missing or were destroyed at the Prince Philip Drive –St. John’s campus of CNA, would the OIPC investigate? Has CNA advised the Qatari students that their personal information has gone missing?
It appears that neither CNA nor the Minister of Education will report this breach on behalf of the student’s whose privacy has been breached. I believe that the real reason that an investigation won’t take place is because it would reveal that the breach is internal at CNA. CNA, the Minister and the OIPC already know that and the Commissioner doesn’t want to be responsible for putting that in a Commissioner’s Report.
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| Posted 27/06/2009 at 11:56 AM | Alert an Editor | Link to comment |
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Bones II from NL writes: So the Telegram is upset because they can't see alleged files that contain information regarding what the premier thinks of them? And they are comparing this information 'that the public needs to know' to the fiasco with the Janeway property and its dangerous contamination that can affect human life?
I'd like the Telegram to print which staff have confirmed in writing that these files have been confirmed as existing. Or is this another case of walking right up to the line but being afraid to step over it, yet again? If you have the proof, print the stuff! A little voice in my head is screaming bok, bok, bok! HA
Peter: I agree with your assessment, it seems there is a serious internal problem at CNA and the well-practised art of a**-covering is well under way, no matter the price, cost, or consequences. Could we be looking at the tip of the next scandal?
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| Posted 27/06/2009 at 12:39 PM | Alert an Editor | Link to comment |
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Neil Bishop from Nova Scotia writes: Unfortunatley, even when the Commissioner does investigate and does a formal review of a case, his findings and recommendations go unheeded. In my own dismissal case with CNA, I have had three formal reviews done and in each case still received either no additional information or very limited information.
A search of the PSS brought me no information at all even though the Commissioner recommended documentation that was important to my case be turned over to me. Meanwhile, CNA who was being represented by Government in my arbitration had access to all the information and documentation that I had and all that I was denied access to.
There is something fundamentally wrong with what's happening with CNA behind the scenes and again I suggest the taxpayers of NL deserve the truth and nothing short of a Public Inquiry can set the record straight.
Even Danny Williams admits his Government Officials have to spend an innordinate amount of time (which equates to taxpayers' dollars) dealing with Access to Information issues. One has to wonder why if there is nothing to hide.
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| Posted 27/06/2009 at 1:11 PM | Alert an Editor | Link to comment |
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don from Newfoundland & Labrador writes: The Freedom of Information and Protection of Privacy Act in Newfoundland and Labrador was enacted to make it appear that Government was serious about more transparency and accountability. What a joke! It was simple smoke and mirrors that's all. Government operates in SECRET and releases only the information which it cannot find ways to conceal or withhold. I know of an investigation which has been ongoing for several years. At first, the Government of Newfoundland and Labrador attempted to ignore the requests for information, then admitted that it had the information, then decided to release some of the information upon payment by the requester of exorbitant costs to cover searching for and photocopying the requested information with no guarantee to the requester that he/she would not receive mostly blacked out copies of the requested documents. Government used third party exemptions, protection of commercial and business information and Cabinet secrecy as reasons not to release much of the requested information. The requester later discovered that the Government had not revealed all of the information in its possession. Considering that the investigation was about approvals from Cabinet and Ministers regarding questionable Government funded projects, it became apparent that these exemptions were designed and used to permit possible wrongdoing to go undetected. It is difficult or impossible to provide grounds for investigations to the proper authorities if the information needed to form the grounds for such investigation of Government is concealed, withheld or destroyed by Government. What is the point of Freedom of Information laws when the Government can exempt itself and any suspected parties from having to reveal information which would provide evidence of possible wrongdoing, incompetence or abuse of process? No wonder it takes years for shady deals, incompetence and corruption involving the Government of Newfoundland and Labrador and its cronies to come to light! I fear that many skeletons remain in the closet and many bodies remain buried which otherwise should have been revealed by truly open and effective Freedom of Information laws. Keeping SECRETS and controlling information is the Governments stock and trade. Without the ability to conceal and withhold information involving patronage, money wasting schemes and corruption, the Government would be out of business. Information is POWER! What this Province needs is a Media, a Privacy Commissioner, an Auditor General, an Attorney General, a Chief Justice and a Police Commissioner who will stop at nothing to uncover ALL of the dirty dealings of the Government of Newfoundland and Labrador. What is done in the dark must be brought to the light. It appears that there is much more to be uncovered!
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| Posted 27/06/2009 at 2:45 PM | Alert an Editor | Link to comment |
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George from NL writes: Bones ll my guess is that you have a lot of little voices in your head most of them telling you the world is screwed up and Danny Williams is the only one that can save you. You refuse to deal with the truth regarding anything this man does. Be patient young man the truth about Danny Williams will come out. My question is are you ready for it? You cant handle the truth anyway.
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| Posted 28/06/2009 at 9:29 AM | Alert an Editor | Link to comment |
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Dave from NL writes: I woulld like to know, who else does Danny keep purple files about? Is it just journalists, or traitors to?
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| Posted 28/06/2009 at 12:23 PM | Alert an Editor | Link to comment |
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Ed Dwyer from Oshawa, ONTARIO writes: Mr ring sir are you reading this? if so will you please response to this editorial, and I would like to hear from Danny Williams as well, I hear Danny calls VOCM open line occasionally.
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| Posted 28/06/2009 at 3:23 PM | Alert an Editor | Link to comment |
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Bones II from nl writes: George: Your guess is wrong, lol. What truth is it I refuse to deal with? Does it upset you that conspiracies about 'purple files' don't interest me? Besides, what does it matter if government has files on Telegram reporters? They have files on you and me too, lol, the more serious, financially oriented ones too!
Do you know which staff confirmed, in writing, that these files exist and where it was confirmed? Do you know why the Telegram is afraid to print this information if it is factual? Are you afraid to print the truth or your proof of your truth too?
My answer; Yes, I've been ready and waiting for a while now, lol, where it at?
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| Posted 28/06/2009 at 4:33 PM | Alert an Editor | Link to comment |
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Guess who from NL writes: Maybe George dosent know but I do Mr Bones. Stay tuned as I am quite sure you will. No excuse mew I have to get back at collecting the evidence you seem to lust after, almost as much as you lust after Danny himself.
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| Posted 28/06/2009 at 6:32 PM | Alert an Editor | Link to comment |
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