NB Liquor lawsuit may undermine confidence in accessing information

The threat of a lawsuit against New Brunswick's information commissioner could undermine confidence in the province's freedom of information system, according to a journalism professor.

NB Liquor has threatened access to information commissioner Anne Bertrand with legal action after she issued a scathing report about the agency's handling of a CBC News right to information request.

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"What you're basically doing is you're questioning the legitimacy of the entire process," said Fred Vallance-Jones, who teaches at the University of King's College in Halifax.

"You're now saying that we won't accept the role of the commissioner in doing her job. That's a pretty serious step to take."

In her report, Bertrand said NB Liquor "considered itself above the law"in handling the request and goes on todetaila "culture of secrecy" at the Crown corporation.

Brian Harriman, thepresident and chief executive officer of NB Liquor,has denied the agency broke any rules in handling the 14-month-old request, which asked for records that would explain how NB Liquor decided to continue its Growler beer pilot project.

What you're basically doing is questioning the legitimacy of the entire process.- Fred Vallance-Jones, journalism professor

NB Liquor sent a lawyer's letter to Bertrand's office, which says her report includes statements "made gratuitously, solely to embarrass NB Liquor" and some of its employees, "and therefore have been done in bad faith."

The province's Right to Information and Protection of Privacy Act protects the commissioner from legal proceedings "unless it is shown that he or she acted in bad faith."

Bertrand's office cancelled an appearance on CBC News on Tuesday and has not responded to a request for comment.

Commissioner can't make orders

Bertrand's report on NB Liquor stands out to Vallance-Jones because of the tone.

"This is one of the most scathing reports I've read from any of these commissioners' offices across Canada," he said.

In other provinces, such as Ontario and Prince Edward Island, Bertrand would have the power to order NB Liquor to do what she asked in the report.

But New Brunswick only gives the commissioner the power to make recommendations and apublic body can choose to ignore them.

In an interview earlier this week, president and CEO Brian Harriman said filling right to information requests is becoming a "financial burden" on public bodies.

He alsoquestioned the value of paying someone to handle right to information requests.

"The spirit and intent is right, but the current iteration of that [right to information]system has grown to a point where I think it's wasteful [of]taxpayer money," he said.

'A central tenent of our democracy'

Vallance-Jones regularly files freedom of information requests andreleases an annual audit of how public bodies perform when it comes to providing information.

He said public bodies need to treat right to information as part of doing business.

"This is not some trivial little thing that you do on the corner of your desk while you do other things," he said.

"This is a central tenet of our democracy. People have a right to know how the government is spending their money, how it is administering its programs."

If that costs extra, Vallance-Jones said public bodies need to pay the expense, like it would to fulfil any other right.

"If you're a public agency, transparency is central to your business. Period."