Information Commissioner Rejects Claims of NDP Secrecy Culture in Defense of Bill 9
British Columbia's Information and Privacy Commissioner Michael Harvey has publicly defended the NDP government's controversial Bill 9 against mounting criticism that it undermines the province's freedom of information legislation. In a recent presentation at Vancouver's Unitarian church, Harvey argued that the proposed changes represent necessary reforms rather than evidence of a "culture of secrecy" within the government.
Defending Legislative Changes Amid Criticism
Harvey addressed concerns that Bill 9 would "weaken" or even "eviscerate" British Columbia's freedom of information framework. The legislation grants public service heads increased authority to delay, narrow, or outright reject information requests—provisions that have drawn sharp criticism from transparency advocates. However, the commissioner maintains these measures are essential for addressing a system overwhelmed by the volume of requests, some of which he described as "exceedingly persistent."
"Public bodies are feeling they are under siege," Harvey explained, emphasizing that the current system has created operational challenges for government departments. "The problem is mainly that administering the system is a lot of work. There are only so many scarce resources, and the FOI system is seen as a tedious distraction."
Restoring Trust Within the Public Service
According to Harvey, Bill 9 represents a crucial first step toward restoring "trust" in British Columbia's freedom-of-information framework. Notably, he clarified that this trust restoration focuses primarily on the public service rather than the general public. The commissioner revealed that government employees have "lost confidence" in the current FOI system due to its administrative burdens.
Harvey extended his defense to include the NDP government's decision to implement a $10 application fee for freedom of information requests—a measure his predecessor Michael McEvoy opposed. While expressing personal preference for eliminating the fee, Harvey maintained that its introduction was "not driven by secrecy, but because the system was bogged down by requests."
Addressing Broader Transparency Concerns
Following his presentation, Harvey engaged with journalist and transparency advocate Stanley Tromp, who referenced a recent statement from the Freedom of Information and Privacy Association. The organization had characterized Bill 9 as part of a Canada-wide "transparency horror show" alongside other restrictive measures.
"I must respectfully disagree," Harvey responded, noting that recent restrictions implemented in Ontario were more severe than those proposed in British Columbia. He emphasized his independent role, stating, "I don't speak for the government," while acknowledging that provincial officials consulted him during Bill 9's development.
Contextualizing Government Challenges
The commissioner expressed sympathy for the operational challenges facing public service leadership, particularly Deputy Minister to Premier David Eby, Shannon Salter, who is managing an $11 billion deficit. Harvey framed Bill 9 as a practical response to systemic pressures rather than an ideological shift toward reduced transparency.
Harvey's defense highlights the ongoing tension between maintaining robust public access to government information and ensuring the practical functionality of administrative systems. As debate continues around Bill 9's implications for government transparency in British Columbia, the commissioner's arguments provide insight into the complex balancing act between operational efficiency and public accountability in information management.
