In a ruling last month, a judge with the Information and Privacy Commissioner (IPC) found that the information was not protected by solicitor-client privilege, as the Attorney-General’s Office had argued, and told the government to release the total number of hours Crown counsel worked to keep the letters from the public from July 2018 to July 2021.
Instead, the province filed an appeal in Ontario Divisional Court on Friday — just as it did three years ago when the IPC ordered it to reveal the actual letters.
Mandate letters traditionally outline the marching orders the prime minister has for each of his ministers after taking office – and are usually issued by governments across the country.
But since taking office in 2018 and issuing its first letters, the Ford government has asked Crown attorneys to appeal against the IPC and court rulings ordering their release.
The fight over the letters themselves is headed to the Supreme Court of Canada.
It now appears the province is launching a similar fight to prevent the public from knowing how many taxpayer-funded hours went into these efforts.
“It’s outrageous,” said James Turk, director of the Center for Free Expression at Metropolitan University of Toronto.
“The public has a right to know what the government’s investment is in the fight to keep the public from knowing things — and they’re fighting it.”
Turk says it’s another example of the Ontario government’s efforts to limit access to information.
“It’s part of a general principle on their part — a principled attack — that the public should have less right to know than the law provides,” he told CBC Toronto.
Attorney-client privilege
The Ministry of the Attorney General had argued that the number of hours spent on the case fell under the attorney-client privilege exception to Ontario’s Freedom of Information and Protection of Privacy Act. IPC judge Valerie Jepson disagreed, ruling that they could not reasonably disclose privileged information. “A single number revealing only the total number of hours could not reveal more about the points in time where relatively more work was undertaken than would be revealed by awareness of the milestones themselves,” Jepson wrote in her order. In its application for judicial review, the ministry argues that the IPC erred in interpretation and claims that CBC Toronto could infer privileged information, such as the dispute resolution strategy for the case, from the total number of hours. A spokesman for the Attorney-General’s Department said it would not be appropriate to comment because the matter is before the courts. The judicial review of the IPC order will be heard in the Divisional Court at a later date. Documents obtained by CBC Toronto in connection with its original freedom of information request for the mandate letters make it clear that senior officials within the Ford government planned to keep them from public view from the beginning. James Turk, director of the Center for Free Expression at Metropolitan University of Toronto, says the outcome of the appeal on the mandate letter will affect the future of access to information in Ontario. (Zoom) In an email dated July 31, 2018, then-executive director of policy to the prime minister, Greg Harrington, wrote, “the intent is to keep them [the letters] to ourselves as much as possible.” The Supreme Court of Canada agreed to hear the province’s appeal to keep the mandate letters secret in May, but no hearing has yet been scheduled. The high court likely won’t hear the appeal until early next year. At this point, Turk says the issue of the warrant letters is less about the records themselves and more about the future of access to information in Ontario and what might be hidden as cabinet secrets in the future. “[The province’s] The idea of a cabinet trust is like a giant black hole that sucks in anything that is anywhere near the cabinet,” he said. “If that view is true, it will be a bad day for the public in this country, and certainly in the province of Ontario, because it would say you have less of a right to information than I feel – and I think most people feel – that is necessary in a democratic society”.
title: “The Ford Administration Won T Say How Many Hours Were Spent Keeping The Mandate Letters Secret Klmat” ShowToc: true date: “2022-11-28” author: “Mark Rios”
In a ruling last month, a judge with the Information and Privacy Commissioner (IPC) found that the information was not protected by solicitor-client privilege, as the Attorney-General’s Office had argued, and told the government to release the total number of hours Crown counsel worked to keep the letters from the public from July 2018 to July 2021.
Instead, the province filed an appeal in Ontario Divisional Court on Friday — just as it did three years ago when the IPC ordered it to reveal the actual letters.
Mandate letters traditionally outline the marching orders the prime minister has for each of his ministers after taking office – and are usually issued by governments across the country.
But since taking office in 2018 and issuing its first letters, the Ford government has asked Crown attorneys to appeal against the IPC and court rulings ordering their release.
The fight over the letters themselves is headed to the Supreme Court of Canada.
It now appears the province is launching a similar fight to prevent the public from knowing how many taxpayer-funded hours went into these efforts.
“It’s outrageous,” said James Turk, director of the Center for Free Expression at Metropolitan University of Toronto.
“The public has a right to know what the government’s investment is in the fight to keep the public from knowing things — and they’re fighting it.”
Turk says it’s another example of the Ontario government’s efforts to limit access to information.
“It’s part of a general principle on their part — a principled attack — that the public should have less right to know than the law provides,” he told CBC Toronto.
Attorney-client privilege
The Ministry of the Attorney General had argued that the number of hours spent on the case fell under the attorney-client privilege exception to Ontario’s Freedom of Information and Protection of Privacy Act. IPC judge Valerie Jepson disagreed, ruling that they could not reasonably disclose privileged information. “A single number revealing only the total number of hours could not reveal more about the points in time where relatively more work was undertaken than would be revealed by awareness of the milestones themselves,” Jepson wrote in her order. In its application for judicial review, the ministry argues that the IPC erred in interpretation and claims that CBC Toronto could infer privileged information, such as the dispute resolution strategy for the case, from the total number of hours. A spokesman for the Attorney-General’s Department said it would not be appropriate to comment because the matter is before the courts. The judicial review of the IPC order will be heard in the Divisional Court at a later date. Documents obtained by CBC Toronto in connection with its original freedom of information request for the mandate letters make it clear that senior officials within the Ford government planned to keep them from public view from the beginning. James Turk, director of the Center for Free Expression at Metropolitan University of Toronto, says the outcome of the appeal on the mandate letter will affect the future of access to information in Ontario. (Zoom) In an email dated July 31, 2018, then-executive director of policy to the prime minister, Greg Harrington, wrote, “the intent is to keep them [the letters] to ourselves as much as possible.” The Supreme Court of Canada agreed to hear the province’s appeal to keep the mandate letters secret in May, but no hearing has yet been scheduled. The high court likely won’t hear the appeal until early next year. At this point, Turk says the issue of the warrant letters is less about the records themselves and more about the future of access to information in Ontario and what might be hidden as cabinet secrets in the future. “[The province’s] The idea of a cabinet trust is like a giant black hole that sucks in anything that is anywhere near the cabinet,” he said. “If that view is true, it will be a bad day for the public in this country, and certainly in the province of Ontario, because it would say you have less of a right to information than I feel – and I think most people feel – that is necessary in a democratic society”.
title: “The Ford Administration Won T Say How Many Hours Were Spent Keeping The Mandate Letters Secret Klmat” ShowToc: true date: “2022-12-06” author: “Roy Jackson”
In a ruling last month, a judge with the Information and Privacy Commissioner (IPC) found that the information was not protected by solicitor-client privilege, as the Attorney-General’s Office had argued, and told the government to release the total number of hours Crown counsel worked to keep the letters from the public from July 2018 to July 2021.
Instead, the province filed an appeal in Ontario Divisional Court on Friday — just as it did three years ago when the IPC ordered it to reveal the actual letters.
Mandate letters traditionally outline the marching orders the prime minister has for each of his ministers after taking office – and are usually issued by governments across the country.
But since taking office in 2018 and issuing its first letters, the Ford government has asked Crown attorneys to appeal against the IPC and court rulings ordering their release.
The fight over the letters themselves is headed to the Supreme Court of Canada.
It now appears the province is launching a similar fight to prevent the public from knowing how many taxpayer-funded hours went into these efforts.
“It’s outrageous,” said James Turk, director of the Center for Free Expression at Metropolitan University of Toronto.
“The public has a right to know what the government’s investment is in the fight to keep the public from knowing things — and they’re fighting it.”
Turk says it’s another example of the Ontario government’s efforts to limit access to information.
“It’s part of a general principle on their part — a principled attack — that the public should have less right to know than the law provides,” he told CBC Toronto.
Attorney-client privilege
The Ministry of the Attorney General had argued that the number of hours spent on the case fell under the attorney-client privilege exception to Ontario’s Freedom of Information and Protection of Privacy Act. IPC judge Valerie Jepson disagreed, ruling that they could not reasonably disclose privileged information. “A single number revealing only the total number of hours could not reveal more about the points in time where relatively more work was undertaken than would be revealed by awareness of the milestones themselves,” Jepson wrote in her order. In its application for judicial review, the ministry argues that the IPC erred in interpretation and claims that CBC Toronto could infer privileged information, such as the dispute resolution strategy for the case, from the total number of hours. A spokesman for the Attorney-General’s Department said it would not be appropriate to comment because the matter is before the courts. The judicial review of the IPC order will be heard in the Divisional Court at a later date. Documents obtained by CBC Toronto in connection with its original freedom of information request for the mandate letters make it clear that senior officials within the Ford government planned to keep them from public view from the beginning. James Turk, director of the Center for Free Expression at Metropolitan University of Toronto, says the outcome of the appeal on the mandate letter will affect the future of access to information in Ontario. (Zoom) In an email dated July 31, 2018, then-executive director of policy to the prime minister, Greg Harrington, wrote, “the intent is to keep them [the letters] to ourselves as much as possible.” The Supreme Court of Canada agreed to hear the province’s appeal to keep the mandate letters secret in May, but no hearing has yet been scheduled. The high court likely won’t hear the appeal until early next year. At this point, Turk says the issue of the warrant letters is less about the records themselves and more about the future of access to information in Ontario and what might be hidden as cabinet secrets in the future. “[The province’s] The idea of a cabinet trust is like a giant black hole that sucks in anything that is anywhere near the cabinet,” he said. “If that view is true, it will be a bad day for the public in this country, and certainly in the province of Ontario, because it would say you have less of a right to information than I feel – and I think most people feel – that is necessary in a democratic society”.
title: “The Ford Administration Won T Say How Many Hours Were Spent Keeping The Mandate Letters Secret Klmat” ShowToc: true date: “2022-12-18” author: “Martha Justus”
In a ruling last month, a judge with the Information and Privacy Commissioner (IPC) found that the information was not protected by solicitor-client privilege, as the Attorney-General’s Office had argued, and told the government to release the total number of hours Crown counsel worked to keep the letters from the public from July 2018 to July 2021.
Instead, the province filed an appeal in Ontario Divisional Court on Friday — just as it did three years ago when the IPC ordered it to reveal the actual letters.
Mandate letters traditionally outline the marching orders the prime minister has for each of his ministers after taking office – and are usually issued by governments across the country.
But since taking office in 2018 and issuing its first letters, the Ford government has asked Crown attorneys to appeal against the IPC and court rulings ordering their release.
The fight over the letters themselves is headed to the Supreme Court of Canada.
It now appears the province is launching a similar fight to prevent the public from knowing how many taxpayer-funded hours went into these efforts.
“It’s outrageous,” said James Turk, director of the Center for Free Expression at Metropolitan University of Toronto.
“The public has a right to know what the government’s investment is in the fight to keep the public from knowing things — and they’re fighting it.”
Turk says it’s another example of the Ontario government’s efforts to limit access to information.
“It’s part of a general principle on their part — a principled attack — that the public should have less right to know than the law provides,” he told CBC Toronto.
Attorney-client privilege
The Ministry of the Attorney General had argued that the number of hours spent on the case fell under the attorney-client privilege exception to Ontario’s Freedom of Information and Protection of Privacy Act. IPC judge Valerie Jepson disagreed, ruling that they could not reasonably disclose privileged information. “A single number revealing only the total number of hours could not reveal more about the points in time where relatively more work was undertaken than would be revealed by awareness of the milestones themselves,” Jepson wrote in her order. In its application for judicial review, the ministry argues that the IPC erred in interpretation and claims that CBC Toronto could infer privileged information, such as the dispute resolution strategy for the case, from the total number of hours. A spokesman for the Attorney-General’s Department said it would not be appropriate to comment because the matter is before the courts. The judicial review of the IPC order will be heard in the Divisional Court at a later date. Documents obtained by CBC Toronto in connection with its original freedom of information request for the mandate letters make it clear that senior officials within the Ford government planned to keep them from public view from the beginning. James Turk, director of the Center for Free Expression at Metropolitan University of Toronto, says the outcome of the appeal on the mandate letter will affect the future of access to information in Ontario. (Zoom) In an email dated July 31, 2018, then-executive director of policy to the prime minister, Greg Harrington, wrote, “the intent is to keep them [the letters] to ourselves as much as possible.” The Supreme Court of Canada agreed to hear the province’s appeal to keep the mandate letters secret in May, but no hearing has yet been scheduled. The high court likely won’t hear the appeal until early next year. At this point, Turk says the issue of the warrant letters is less about the records themselves and more about the future of access to information in Ontario and what might be hidden as cabinet secrets in the future. “[The province’s] The idea of a cabinet trust is like a giant black hole that sucks in anything that is anywhere near the cabinet,” he said. “If that view is true, it will be a bad day for the public in this country, and certainly in the province of Ontario, because it would say you have less of a right to information than I feel – and I think most people feel – that is necessary in a democratic society”.
