Editorial – Access denied

On March 13, the Ontario government announced sweeping changes to its freedom of information laws. The reforms mainly protect internal communications. These include discussions within the provincial cabinet, the Premier’s Office, and between cabinet ministers and senior bureaucrats.

If passed, this will update the Freedom of Information and Protection of Privacy Act. It will cover electronic communications that did not exist when the previous law was passed.

Premier Doug Ford defended the changes March 16 at a press conference in Brockville, saying that the changes to FIPPA bring Ontario in line with other provinces and the federal government. “If it’s good enough for the federal government, then it’s good for us,” Ford said. The government calls it modernization. In reality, it restricts information that should be public.

The changes to FIPPA have raised the ire of opposition parties at Queen’s Park, journalists and media organizations across Ontario. Ontario’s Information and Privacy Commissioner Patricia Kosseim said the proposed changes, “raise serious concerns about the future of Ontarians’ rights to transparency, privacy, and independent oversight.”

Kosseim is correct. Blocking access to anything having to do with the business of the Premier’s Office, cabinet, or how government operates is indefensible. FIPPA and legislation like it exist to inform Ontarians how the government makes decisions. Ford said he wants to be judged on what the decisions are, not how they are made — but how those decisions are made is vitally important for accountability.

Ford claims he needs a privacy shield, in part, because of the number of daily phone calls he receives from Ontarians with their issues. Laws protecting the content of those calls already exist under the federal Privacy Act, so Ford’s claims are moot.

Ford and his government have been before the courts trying to block FIPPA inquiries into the handling of developer contracts in the Toronto Greenbelt. His government went to court to block FIPPA requests for cabinet mandate letters. That was fought all the way to the Supreme Court of Canada in 2024 — and Ford’s government won.

Ford’s push for secrecy does not stand up to scrutiny. Neither do Ford’s claims that some inquiries are meant to prevent foreign competitors from infiltrating government. Statements like, “We have to protect ourselves from the communist Chinese,” show he is grasping at straws.

If passed, the reforms to FIPPA will apply retroactively. This negates all current unresolved inquiries into this government. Ford is not modernizing FIPPA for our benefit. He is wrapping himself and his government in a restrictive federal Access to Information law for his protection and benefit.