Anne Bertrand fires back at NB Liquor in information dispute

New Brunswick's access to information commissioner is firing back at NB Liquor, saying a legal threat from the Crown corporation will not deter her from continuing her work.

Commissioner Anne Bertrand broke her silence on late Tuesday afternoon, issuing a statement that says she stands by a scathing report that concluded NB Liquor "considered itself above the law" in handling a routine right to information request from CBC News.

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Bertrand also says she won't take NB Liquor to court to force it to comply with her recommendations.

"The commissioner will not initiate legal proceedings funded by taxpayers as she believes the public deserves better," the statement says.

NB Liquor did not immediately comment on the statement, which was issued late on Tuesday afternoon.

The commissioner will not initiate legal proceedings funded by taxpayers as she believes the public deserves better.- Statement by information commissioner Anne Bertrand

In September, NB Liquor president and CEO Brian Harriman said Bertrand's characterization of NB Liquor in her report was "completely unfair." He believes the Crown corporation followed the law.

In her statement, Bertrand said that she too has followed the law and her office remains "confident" that its investigation into the complaint about NB Liquor "was the same process as used in any other case."

NB Liquor missed deadline

Bertrand's report, issued last month, details a "culture of secrecy" at NB Liquor, where right to information requests are treated as "an unnecessary inconvenience or irritant."

She questioned whether NB Liquor has ever conducted a thorough search for records that would explain the Crown corporation's decision to continue its Growler beer pilot project, a request CBC News reporter Daniel McHardie made more than 14 months ago.

NB Liquor refused access to those records, saying there are too many records and releasing them would harm "third party business interests."

CBC News then filed a complaint about that response, triggering an investigation by Bertrand's office.

In her report, Bertrand issued a series of recommendations, including that NB Liquor conduct a thorough search for the records and adopt a process to document key decisions and actions.

NB Liquor missed the Oct. 7 deadline to tell the commissioner whether it would accept or reject those recommendations, Bertrand said.

Bertrandthen deemed that NB Liquor has refused to follow herrecommendations, opening up the possibility of challenges in the Court of Queen's Bench by her officeor CBC News.

Commissioner rejects court fight

Bertrand doesn't have the power to force public bodies to adopt her recommendations.

But she can refer the case to the Court of Queen's Bench.

Public funds would be more appropriately directed to ensuring that public bodies follow their lawful obligations.- Anne Bertrand, information commissioner

Bertrand suggested that wouldn't be a good use of public money.

"The commissioner is of the view that public funds would be more appropriately directed to ensuring that public bodies follow their lawful obligations," her statement says.

"These are statutory obligations that government has placed on itself and those obligations apply equally to NB Liquor."

$6,000 in legal fees so far

In September, Harriman said NB Liquor has spent at least $6,000 so far in legal fees to challenge Bertrand and her findings.

When asked if that's a good use of public money, Harriman said he hoped to resolve the case without legal action.

"At this point in time, I'd like to reserve an answer on that one until we know further how we're going to proceed," he said at the time.

Bertrand is protected from legal action under the province's Right to Information and Protection of Privacy Act, unless it can be proven that she acted in "bad faith."

A legal letter sent by Stewart McKelvey lawyer Clarence Bennett to Bertrand in September says her report contains "blatant falsehoods, conjecture, defamatory comments, and baseless accusations."

"Such statements have no basis in fact, are well beyond the commissioner's statutory mandate and have been made gratuitously, solely to embarrass NB Liquor and certain of its employees and therefore have been done in bad faith," the letter says.