Alberta FOIP Czar tells city to quit blocking info requests

Alberta’s Information and Privacy Commissioner is requesting the city stop trying to block information requests without the necessary grounds to do so. That’s according to a yet to be published decision involving Community TV.

In her latest of four decisions rejecting applications by the city of Medicine Hat to disregard access to information requests, Diane McLeod said they all lacked an essential part of such measures. She wrote, “I have dismissed all of these applications on the basis that the public body did not provide sufficient evidence to meet its burden.”

She went on to state, “I encourage the public body to ensure it has evidence to support its application before it considers bringing another one in the future.”

The decision comes after the city asked McLeod to disregard two information requests by Community TV filed earlier this year. Those requests sought information on “living expenses” paid or reimbursed to employees of the city. It also sought information on staff turnover and an accounting of the city manager’s reallocation of budgeted funds. Community TV is also seeking information city communications involving the organization amongst other related requests..

McLeod explained to the city in her 10-page decision that, “he who asserts must prove,” and that is a proposition which applies across all areas of law.

She rejected the city’s argument Community TV’s requests are repetitious, frivolous or vexatious as the municipality failed to prove that was the case on a balance of probabilities.

“I accept that the (Community TV) has made the access requests for a legitimate purpose, to participate in the democratic process,” wrote McLeod in her decision.

The decision will be posted on the Alberta Information and Privacy Commissioner’s website in the coming days.

Download the full decision here: