Government becoming more open, says departing commissioner
Public pressure and persuasion were key tools in Anne Bertrand's belt as access to information commissioner
In her seven years as New Brunswick's first and only access to information and privacy commissioner, Anne Bertrand believes she's succeeded in using the powers of persuasion and public pressure to convince government to follow its own laws.
When she began the job in 2010, Bertrand would have given the government a grade of three or four out of 10 for its willingness to provide the public with information.
"When it doesn't follow its own laws, it creates an office like mine, to make sure it follows its own laws," she said.
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Now, Bertrand said,thegrade has nearly reached an eight.
"Is it perfect? No," she said.
The public, she added, mostly hears about cases where public bodies didn't follow the law.
"For every one one of those, there's a lot more that they did get right."
Bertrand finishes her term as commissioner on Thursday, after handling more than 4,000 files dealing with the public's privacy and right to know.
Her role will be absorbed by retired justice Alexandre Deschnes, the new integrity commissioner.
In addition to privacy and access to information, Deschnes must also juggle the new provincial lobbyist registry and conflict of interest duties.
More access to briefing notes
As she prepares to leave the job, Bertrand counts greater public access to inner government workings, such as contracts andgovernment briefing notes, as one of her biggest accomplishments.
She attributes the win to her ability to persuade government to do the right thing.
A CBC News series called The Lost Children revealed that New Brunswick has a child death review committee that works in the shadows, telling the public very little about how at-risk children are dying.
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Bertrandwishes she could have seen that process through.
"I know there is keen interest on making that process much more meaningful and informing the public what those recommendations mean and putting a context, a face to it," she said.
The government is now reviewing the system to try to make it more transparent and has promised an update later this year.
Telling the public more isn't about "being nosy" or gossiping, Bertrand said.
"It's about rendering those accountable who can help and putting in place mechanisms to prevent that from happening again. I'm a big proponent of that and I think I'm part of the public base that believes in that."
Commissioner didn't want order-making power
Her office doesn't have order-making power, which means that public bodies aren't required by law to follow her recommendations.
Radio-Canada had to take the Department of Health to court when it refused to follow Bertrand's recommendation to reveal the amount of severance paid to former chief medical officer of health Dr. Eilish Cleary.
The court upheld Bertrand's recommendation and the department eventually revealed the information.
While Bertrand admits it's "absolutely frustrating" when a public body doesn't listen to her advice, she has never wanted order-making power.
She believes she was more successful trying to resolve issues, without telling public bodies what to do.
Four out of every five complaints submitted to her office were resolved before she needed to issue recommendations.
"I put on a fresh coat of lipstick and a smile and I go at it," she said.
NB Liquor threatened to sue Bertrand
In her time as commissioner, Bertrand had to deal with a few hot political issues, including the Larry's Gulch scandal.
Her investigation revealed that two Progressive Conservative government insiders altered the guest list at the lodge, which Bertrandsaid was a violation of the Right to Information and Protection of Privacy Act.
In another case, NB Liquor threatened to sue Bertrandfor a report that said the Crown corporation was acting "above the law."
She fired back, saying the threat was an attempt by NB Liquor to muzzle her.
Politics one of 'many options'
But she believes her own love for politics helped her in her work.
"I think my background helped me to know when there were shenanigans on one side," she said.
In 2006, four years before she became access to information commissioner, Bertrand tried to enter politics. She lost the Liberal nomination in Fredericton-Silverwood to Rick Miles, who later became a cabinet minister in the Shawn Graham-led government.
While she said it was inappropriate to think about a political career during her term, Bertrand she has been approached to return to politics. She didn't say who approached her.
"Politics, for me right now, remains one of many, many options," Bertrand said.
"The first order of the day is to get two weeks off and some sleep."
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