Info commissioner calls Colvin's paper trail allegations 'disquieting'

In this issue of Embassy Magazine:

Allegations that senior staff in the departments of foreign affairs and defence ordered Richard Colvin not to write down information about Afghan detainees are "disquieting," says Canada's interim information commissioner.


In an exclusive interview with Embassy on Friday, Suzanne Legault said the allegations reinforce the need for legislation that would require civil servants to leave paper trails—requirements that simply don't exist right now.

...Each year the information commissioner publishes report cards on specific departments and their responses to Access to Information requests. Foreign Affairs has consistently received extremely poor grades over the past five years. The Defence Department has generally fared better, but has prompted its share of frustration by establishing a "Tiger Team" to vet requests on Afghanistan and refusing to divulge readily available information.


During the interview, Ms. Legault said the departments' records are "a huge concern" for a variety of reasons. One is that they are hubs of information and many other departments and agencies have to consult with them when processing ATIP requests they received.


In addition, she said, the war in Afghanistan is a major issue for Canadians and there have been long-standing calls—including, she noted, from the Manley panel—for more information from the government on the mission.

"Canadians want to know what's going on in Afghanistan," Ms. Legault said. "There has to be a flow of information to Canadians."

Ms. Legault said she has uncovered cases of officials intentionally not keeping records, but no proof that it is a systemic problem.

"Do I have a lot of evidence of it?" she said. "Not a lot."

However, the reality is that the information commissioner's ability to investigate such allegations is hampered by the fact there are no legal requirements to keep records. Rather, there is only a government-wide policy.

"It's a gap," Ms. Legault said. "There is no duty to create records."

There have been numerous calls for such legislation going back more than a decade, but successive governments have repeatedly sought consultation.

The current Conservative government also recently refused a series of recommendations on the subject put forward by the Commons' Ethics committee. In particular, the government said giving the information commissioner the ability to launch investigations would turn it into a quasi-judicial body, instead of an ombudsman.

Whether orders not to leave paper trails are systemic or not, however, Ms. Legault said Mr. Colvin's allegations—which she reiterated have not been proven—are "disquieting." She noted the NDP's call for a public inquiry, and said her office will be watching closely.

"We will see how it unfolds," she said. "We'll certainly keep a close eye on this."

A lack of a paper trail is going to allow for a lot of creative testimony, don't you think?