Suzanne Legault calls for tougher rules around deleting, preserving emails

Two recent scandals in Ontario and British Columbia have Canada's information commissioner calling for betterlegislation and enforcement when it comes to how government employees createand store documents.

Suzanne Legaulttold CBC Radio's Ottawa Morninghost RobynBresnahanWednesday that there needs to be "duty to document" legislation requiring governments to create and preserve records that pertain to "important" actions and sanctions in case that legislation is ignored.

"Canadians have a right of access togovernmentinformation andgovernmentdocuments. Now, if those records are not created, the right of access is actually completely nullified," said Legault.

Legaultis making her pitchin the wake of two scandals in Ontario and British Columbiainvolving the inappropriate deletion of government emails.

InB.C., the "triple delete" scandal arose last October after itwas found that some members of the public service were deleting sensitive emails three times: first by moving emails to the system's "deleted" folder, expunging the record from that folder as well, and then manually erasing it from a 14-day backup system.

Ontario is facing a similar controversyafter formerpremier Dalton McGuinty's chief of staff and deputy chief of staff were both charged in December after allegedly deleting files related to a 2011 decision to cancel the construction of two gas-fired power plants in the Toronto area.

Ottawa Morning6:19Canada's Information Commissioner calls for stronger "duty to document" legislation

Should public servants have to keep better records of their work? Suzanne Legault thinks so.

While there are already legal sanctions for failing to observe the Access to Information Act, they are "not quite appropriate," Legault said.

Anyone who failsto preserve a public document or counsels someone else to avoid record-keeping by urging notes not to be taken, for example should be subjected to a "spectrum of sanctions" ranging from disciplinary measures to fines or criminal charges, Legault said.

Asking for 'elevated legal obligation'

Her push for "independent, effective oversight" comes with the support of her provincial counterparts across the country, she told CBC Ottawa.

"What we're asking is that there isan elevated legal obligation topreserve theserecords and to create them," said Legault.

"This isan obligation that [governments]already have to abide by.We're justheighteningit."

Prime MinisterJustin Trudeau promised during his successful 2015 election campaign that a Liberal government would introduce a number of changes to the Access to Information Act, including eliminatingoffees for processing information requests and grantingthe information commissioner the power to order the release of documents.

A spokesperson for the office ofTreasury Board President Scott Brison has said that details of how the act will be reviewed areexpected in 2016.