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Ontario Government Withholds 48 FOI Requests Under New Secrecy Law

Cabinet office denies public access to records on controversial projects using recent legislation.

National Post - RSS Feed2 min

1Systematic rejection of transparency

Ontario's cabinet office denied 48 freedom-of-information requests between April 27 and June 19, invoking new legislation that exempts premier and cabinet records from disclosure. The refusals cover inquiries about Greenbelt development reversals, Billy Bishop Airport expansion plans, and meetings with US officials. This marks a stark departure from FOI laws originally designed to enhance government accountability across Canada's federal and provincial systems.

2Controversial projects shielded

Among blocked requests were investigations into Ontario Place's contested mega-spa redevelopment and the 52-km Highway 413 project northwest of Toronto. One sought records about Ford's private jet usage controversy. The denials span new and older requests, including one for already-released documents. The 30-day response mandate was uniformly ignored, with all requests rejected under the new secrecy provisions.

3Legislative backdrop

The secrecy mechanism was embedded in April's omnibus legislation, which Ford justified as protection against 'communist China' and privacy safeguards—despite existing personal information exemptions. Journalists note the 48 denials exceed expectations for the law's brief tenure, suggesting suppressed demand as requesters anticipate futility. The changes effectively insulate cabinet decision-making from public scrutiny.

4Accountability erosion

FOI expert Dean Beeby warns the law obstructs understanding of governmental decision legitimacy—a core function of public-service journalism. Canadian Civil Liberties Association's Anaïs Bussières McNicoll confirms fears that amendments prevent transparent governance. The mechanism mirrors Ford's Greenbelt scandal, where FOI-revealed wrongdoing now becomes harder to expose.

5Chilling effect documented

The Investigative Journalism Bureau obtained the refusal list through its own FOI request, revealing only cabinet office rejections. Other ministries' denials remain uncounted. Beeby notes the high refusal rate likely underrepresents suppression, as potential requesters deterred by the law never file. The snapshot reveals what Ford's administration actively conceals from public view.

6National implications

Experts warn Ontario's move could inspire similar FOI rollbacks federally and provincially. The federal government considers expanding record exemptions beyond current scrutiny limits, potentially enabling document destruction. Beeby identifies a countrywide 'FOI backlash' threatening investigative journalism's capacity to reveal governmental operations and decisions.

7Journalistic access under threat

The University of Toronto's Investigative Journalism Bureau—which broke this story through collaborative reporting—faces heightened barriers. Their work typically combines academic research with journalism to train new investigators while exposing systemic issues. Such models become more critical as traditional FOI channels close, yet more vulnerable to information blackouts.

8Democratic safeguards weakened

The amendments represent a regression in governmental transparency, removing tools that revealed the Greenbelt scandal and similar misconduct. By shielding cabinet deliberations entirely, the law prevents assessment of decision appropriateness. Civil liberties advocates stress this undermines Canada's democratic framework, where informed public oversight depends on access to power's inner workings.

Original article: National Post - RSS Feed — Ontario Government Withholds 48 FOI Requests Under New Secrecy Law