B.C.’s Information and Privacy Commissioner is feeling frustrated and demanding legislative changes calling allegations against Citizens Services Minister Jinny Sims exhibit ‘A’ in making his case.
With allegations swirling minister Jinny Sims used a variety of ways to skirt freedom of information laws Michael McEvoy says he finds himself powerless and that is unacceptable.
McEvoy says the legislation dictates in this case it is the minister who is responsible for investigating herself.
“I would describe the situation as absurd. That a minister that is being accused, again without making comment on the validity of those accusations, that she should be the person who is essentially in charge of determining whether or not those allegations are proper ones is patently absurd. That is not a system in which the public can have trust. That is why we need independent oversight.”
He says he will again push for legislative change including in a meeting with the minister.
“I have called for this, my office has called for this, over the last few years. Today is exhibit ‘A’ in terms of evidence as to why my office needs this kind of oversight.”
McEvoy says ultimately it is the politicians that need to act and part of that should be responding to public pressure for change.
The allegations comes from a former staffer who has retained a lawyer.
In response to this story Citizens Services Minister Jinny Sims sent the statement below.
“MLA’s communication on constituency business are not subject to the Freedom of Information and Protection of Privacy Act because they are not government records. Constituency staff are not government employees, and I told my constituency staff that they should not use my ministerial government email for constituency matters – that’s appropriate. While the Opposition continues to focus on gotcha politics, I follow the rules and use government accounts for government business and document government decisions appropriately. I have the utmost respect for the Commissioner’s independent work and am happy to assist in clarifying this matter.
Last month, British Columbia became the first province in Canada to legislate government’s obligation to create adequate records of key decisions under the Information Management Act. These changes respond directly to recommendations made by former B.C. information and privacy commissioners David Loukidelis and Elizabeth Denham. Mr. Loukidelis has thoroughly reviewed B.C.’s approach and stated that this legislated requirement to document decisions will result in a leading-edge framework that meets or exceeds requirements to create records in other jurisdictions around the world. The changes also make Deputy Ministers accountable for records management within their ministries and gives more oversight and training power to the Chief Records Officer.”
