Access to Information (Act).

The Access to Information Act became law in 1983. Its purpose is to allow the general public to get information about what the government is doing. It costs $5 to file a request for information and the form needed can be found in most libraries and the offices of MPs. It takes between one and two months to process requests.

While the idea of the Act was to open up government, some officials have found its exclusion clauses are a useful way of hiding information. Under the Act, the public can't get access to Cabinet documents, or documents which could be injurious to Canada's security or economy. Similarly, documents on federal-provincial relations and international affairs are protected.

Bureaucrats who can't find an exclusion clause that will keep sensitive documents out of sight have sometimes resorted to the shredding machine. During the investigation into the 1993 killing of a Somalian teenager by Canadian soldiers many crucial documents "disappeared." The deception of officials and the destruction of evidence made it impossible for the Somalia inquiry to get at the truth.

The Access to Information Act does not carry penalties, such as fines or imprisonment, for people who shred documents or deliberateiy delay their release. At the time of writing, Liberal Colleen Beaumier was sponsoring a Private Members' Bill that would strengthen the Access to Information Act. Ms. Beaumier's bill, if passed, provides for fines and prison terms for public servants who destroy documents.

However, retiring Information Commissioner John Grace is concerned about another tactic. Some senior public servants are refusing to keep a physical record of their activities and decisions. So, if a request for information comes there's nothing to be found.

Mr. Grace says that some officials boast that they now follow the advice supposedly given by a New York Democratic Party boss: "Never write if you can speak; never speak if you can nod; never nod if you can wink."