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Public Spending Behind Closed Doors
Private contracts involving public money are insulating government business from needed public scrutiny.
Two months ago, while investigating the provincial government’s new contract with Maximus Ltd. to outsource Pharmacare and MSP services in B.C., The Tyee requested a copy of the government’s contract with the U.S.-based company. Maximus had mismanaged public money in several U.S. states, and a review of the contract’s safeguards seemed to be in the public interest.
Initially, the Ministry of Health Services refused to let The Tyee see the contract for what it said were “proprietary reasons.” However, after The Tyee filed a request under the Freedom of Information Act, the contract became available — for a price tag of nearly $1,200.
To say The Tyee runs on a shoestring budget is an understatement — it barely has enough money to buy the shoestring to run its budget on. It cannot afford to pay $1,200 to see if the government safeguarded citizens’ rights while outsourcing services to an American firm with an uneven record of managing public money.
The Tyee appealed these costs but the provincial government has not yet responded.
The incident highlights the problems journalists face accessing government documents.
Management Services Minister Joyce Murray, whose ministry oversees the FOI process, said a $1,200 price tag on a contract seems excessive, but she assumed it had to do with the complexity of the 1,500-page document. And Murray said she knows of no instance where bureaucrats have intentionally frustrated an FOI request.
Contracting out changes rules
However, government outsourcing, public-private partnerships and the privatization of services like BC Ferries are increasingly putting provincial expenditure of public money beyond the scrutiny of the public, elected officials and even government auditors.
The Coastal Ferry Act puts the new quasi-private BC Ferry Services Inc. beyond the reach of the B.C. Auditor General, the Ombudsman, FOI laws, and in some instances even the independent ferry commissioner who oversees the company.
Two weeks ago, after TransLink granted the contract to build the new Richmond-Airport-Vancouver rapid transit line to SNC-Lavalin, Cambie Street merchants discovered that “cut and cover” construction on the RAV line would result in massive disruptions on the street. During the bidding process, they believed that tunnel-boring methods would be used.
Prior to the bidding process, a PriceWaterhouseCoopers analysis of projected costs and ridership for the line was kept from the public, and even from elected officials on the TransLink board, on the grounds that revealing the information would undermine the bidding process.
Unions concerned about contract language affecting the outsourcing public-service jobs to private contractors have also been frustrated. The Canadian Office and Professional Employees Union went to court to get the details of a provincial contract with Accenture Corporation to operate parts of BC Hydro. The B.C. Supreme Court ruled against COPE, denying the challenge and affirming the rights of private firms to have their dealings, and methods, protected from public scrutiny.
And it’s not just a problem in this province, where in 2001 Premier Gordon Campbell promised “the most open … government in Canada.” Across the country, journalists and elected officials are increasingly frustrated by government efforts to subvert the very rules they’ve created to ensure transparency in public business.
Transparency ‘critical’ to confidence
“The whole system has collapsed in Quebec,” lawyer Mark Bantey, who represents several papers across the country including the Globe and Mail and the Montreal Gazette, told The Tyee. “It’s become a bit of a joke.”
“At all levels, municipal, provincial, federal, [governments] do their best to drag the whole process out. They’ll make preliminary motions to dismiss the access request on technical grounds, or say we’re seeking the information for improper purposes. And this tends to drag it out,” Bantey said.
David Sutherland, a Vancouver-based media lawyer who represents roughly 80 newspapers, magazines, and other media outlets across the province, said B.C. government officials use the same techniques.
Sutherland said many of his cases involve provincial ministries frustrating FOI requests. “The public’s right to know is critical, and it is very vulnerable to exactly the abuses that are endemic at this time. It’s very hard to get the public upset about this type of thing because it’s a bit abstract. But it’s absolutely critically important to the character of our society, to the integrity of government and the honesty within government,” Sutherland said. “Let us assume that there is some.”
Quebec politicians exempt
In Quebec, one FOI issue took 10 years to resolve, and the government got to keep its secrets. According the Bantey, in 1993 a Montreal Gazette reporter investigated how one National Assembly of Quebec member used his $100,000 operating budget to hire his mistresses and buy computer equipment that no one could find.
The assembly member was dismissive of the allegations. In fact, there were no restrictions on how assembly members’ budgets were to be spent. So the Gazette filed a freedom of information request to see exactly where taxpayers’ money was going.
The assembly members were not willing to part with that information. The decade-long fight to disclose the information went all the way to the Supreme Court, where the effort was defeated by a 5-4 vote. The Supreme Court ruled that while the assembly itself was subject to access to information laws, the assembly members were not.
“The dissenting judges said it’s a bit absurd that the national assembly is subject to the access to information law, but not its members. What is the national assembly? It’s the members,” Bantey said.
While leaks and whistleblowers are important, they’re not always there when you need them, so freedom of information requests have become one of the most important tools reporters have to hold governments accountable.
FOI revealed sponsorship scandal
Freedom of information requests are central to some of the most important reporting being done today. Without them, the sponsorship scandal that continues to dog the federal Liberal government might not have come to light.
But as reporters get better and more aggressive in filing these requests, governments have become equally crafty at avoiding them.
Sometimes governments simply delay their response, Sutherland said. Exceptions and exclusions can be used “in the most ridiculous manner,” like the case in Quebec. In B.C., sections 13 and 14 of the Act say certain types of policy and legal advice are protected from being shared. But instead of simply blacking out such advice, the sections are being interpreted to mean any document containing such advice is completely unavailable.
As well, freedom of information legislation has changed how government is run, because officials now simply don’t write down anything they don’t want made available through the act, Sutherland said.
Cost is also used as a deterrent, Sutherland said.
Every freedom of information act has rules to establish the cost of processing a given request. Some exceptions are made, mainly involving issues of public interest or safety. However, these rules are often rigidly interpreted to frustrate a request.
Cost an effective deterrent
Imposing high costs on a request is an extremely effective deterrent, particularly for smaller publications or freelance reporters. The $1,200 price tag has certainly frustrated The Tyee’s ability to examine the Maximus contract to see if it protects the public interest.
“The big dollar demand may be a symptom of not being specific enough in the request, or because you are on to something,” Sutherland said. But unless the publication is willing to fork over the cash for its request, it is impossible to tell.
“By the time you’re phoning a lawyer like me, you’ve already lost. This is something a journalist has to be able to do on their own, because once they hire a guy like me and start paying an hourly rate, the government is publicly funded and they’re going to string it out as long as they can.
“At that point, it’s economically not viable for The Tyee or anyone else to play the role of public watchdog.”
Alasdair Roberts, a professor of public administration at the University of Syracuse, has been studying the FOI process both federally and in B.C.
Roberts said that in an effort to streamline their FOI systems, both the federal and B.C. governments have created a central database to coordinate FOI requests. The data in these central databases are accessible through the act and Roberts has analyzed how the government prioritizes these requests.
Both the federal government and the B.C. government give sensitivity rankings to requests that are based on what is being asked for and by whom.
Governments ‘wising up’
Roberts said that federally “requests that come from journalists and political parties are caught by special procedures” that result in delays that can’t be accounted for because of nature of the material or the breadth of the request.
Although Roberts discovered that in B.C., journalists’ requests receive high sensitivity rankings, and responses time are often longer than for other requests, it’s not yet clear that the B.C. government is doing what the federal government is doing, because he hasn’t analysed the breadth or type of requests involved.
Roberts said governments have become more sophisticated in the techniques they use to minimize the political fallout from the disclosure of politically sensitive material. “Everybody in a sense is wising up about how to use the system,” Roberts said.
B.C. Management Services Minister Murray said the sensitivity rankings are for flagging complex requests that cross ministries or are meant to alert ministers that an issue has been raised so they speak to it if there are any questions. Journalists’ requests often take longer than other requests because of their complexity, not because of an intentional delay, Murray said.
Process is ‘non-partisan’
“It’s non-partisan civil servants who do the assessment of how much work it will take to prepare the records,” Murray said. “This is managed by civil servants. They have legislation that they must adhere to. They have time limits they are required to meet and there are very specific instances when time limits can be extended.
“Fees are not intended to be a barrier to access and yet the legislation does set down a schedule of fees and a price for the per hour cost,” she said.
“I will not tell a ministry how much they should or should not charge or whether there should be a charge. The legislation governs that and the bureaucrats involved make their best assessment to provide the records,” Murray said.
A legislative committee that convenes every six years to examine the FOI act. They last met in 2003 and the amendments they made were largely focused on safeguarding citizens’ records from the U.S. Patriot Act, so government services could be handled by multinational firms.
The federal system is also under scrutiny, and NDP MP Pat Martin has spearheaded proposed reforms. His private member’s bill was headed before parliament before it dissolved last year. Reform has been proposed in part because only 46 out to 249 crown corporations are subject to freedom of information requests, Martin said.
Feds consider broad reform
Justice Irwin Cotler has promised to champion the reforms laid out in the bill, Martin said.
Under the reforms, the act would include all Crown Corporations, including the CBC and the Auditor General. It would also include independent foundations, MPs, ministers and their staff, and any not-for-profit organizations that receive more than two-thirds of their funding from the feds, Martin said.
“I’m of the view we could have headed off a lot of the recent scandals, such as the sponsorship scandal, if the public had the right to know, if the opposition parties had access to, information they are currently barred from,” Martin said.
One of the pieces of legislation brought in with the provincial Patriot Act reforms was a whistleblower amendment to protect anyone who goes to the privacy commissioner with information about abuse of the act or misuse of information by American contractors.
Darrell Evans, a reform advocate with the B.C. Freedom of Information and Privacy Association, believes the whistleblower legislation is a valuable reform. “Anybody who heard of information given or illegal practice, they can go to the privacy commissioner. No one has blown the whistle yet, but it’s bound to happen,” Evans said.
But this one reform doesn’t begin to address the problem created by the wide range of information put beyond public reach by the private contracts our provincial government increasingly employs.
Scott Deveau is on staff at The Tyee. ![]()



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KJ (not verified)
7 years ago
1. Good luck if you think you are going to get it now on the eve of the election, even with the money. 2. The government is politically sensitive, we all know that, and now we also know they are democratically insensitive (& I would't expect much more from the incoming NDP, unless of course they open the flood gates to embarrass the previous administration - just kidding about "incoming") 3. The government and all of its operations, so the fable goes, is an institution by the people for the people, but we know it's really come to be by the people for some people. 4. The provincial government's contracting out, such as the example above, and others like health authorities, and the use of charity foundations, community service agencies, and so on, benefits the weasles in Victoria by off-loading political accountability for bad, socially-indefensible, program management decisions. However, this article shows that the weasles in Victoria is still vulnerable - so don't give up!
P.S. (not verified)
7 years ago
5. If I wasn't so strapped for cash, I'd give it to The Tyee myself. By the way, couldn't some generous souls and orgs out there pony up to an on-going fund to help subsidize these public good FOI requests?
sw (not verified)
7 years ago
Our treachery must be concealed!!!!! (gordo in mr. burns voice)
Peter Dimitrov (not verified)
7 years ago
I, and I'm sure the lawyer for the Hydro Class Action, and Public Power could have saved you $1200 just be telling you how the Fiberals and BC Hydro frustrated all attempts to get full disclosure respecting what has happened to BC Hydro, the Accenture deal, the Transmission Co...it is too bad you Tyee didn't ask around...you would have been the wiser...and the $1200 would have stayed in your pockets. As your article states we have FOI in name only....there is no transparency and no accountability, we live in a very low level democracy bordering fascism...and that in my estimation....is, and ought to be one the main issues of the next BC election campaign....so will someone press the NDP on that ...given that the Tyee is allegedly a pro-NDP site.
Al Lehmann (not verified)
7 years ago
Excellent article! Thanks for doing what journalists ought to be doing. I much prefer investigation to shilling.
hombre (not verified)
7 years ago
Good article. I predict that after the next provincial election, regardless of its outcome, BCers are going to learn just what a horrendous amount of what they once owned has been given to psychotic corporations like Maximus. I wish too that the tyee would detail more just how frightening some of Maximus' abuse of power has been. On a related subject, can anyone explain how the BC liberals are legally allowed to ignore one of the few BC Supreme Court decisions that went against them: the decision that they MUST stop charging poor people receiving legal aid, the PST on legal aid, that in a tail-swallowing maneuver only the BC backstabbers could concoct WAS SUPPOSED TO GO TO FUNDING FOR THE POOR FOR LEGAL AID?? I thought even the BC liars were subject to obey the decisions of supreme court judges, but apparently not. It would be wonderful if the Tyee would runan article about this...
Fi (not verified)
7 years ago
Good stuff, Scott. It is ONLY freelancers and small publications that would even attempt to go after this stuff- the mainstream are too busy writing BS about the hockey lock-out (who f'n cares ALREADY?!) or the latest pittbull nipping someone. What a freakin' JOKE this society is. The price tag of $1500 is meant to keep true journalists frustrated and unable to access this info, no doubt about it.
Anonymous
7 years ago
I mean $1200...
lynn (not verified)
7 years ago
Great article and comments by all. I agree with Peter Dimitrov that we are living in a low level democracy bordering fascism but sometimes I find myself losing hope that anyone is paying attention. It is the rights we have lost, both human and civil ( eg. hombre's reference to legal aid) that must be brought to the forefront in the next election. But as Fi says it seems hard to get past hockey and pittbull headlines...not to mention Charles and Camilla.
Peter Dimitrov (not verified)
7 years ago
Questions, Questions, Questions, ....that is what we the electorate must ask of the BC NDP, the BC Liberals and others. Then we must ensure they will be accountable. So to start off the series, there will be 50 or so questions for the BC NDP, followed by many questions for the BC Liberals---why don't you join in, why doesn't the Tyee join in. Check out the 21 questions thusfar to the BC NDP at 'Speak-Up' at bcpolitics.ca.....I am willing to bet this post gets censored...but that is fine, the questions are up and will be travelling all over the internet. It is time for 'truth-telling' by the BC NDP and the BC Liberals in preparation for our provincial election.
Randall Adams - Vancouver (not verified)
7 years ago
When the BC Liberals sent out new forms for MSP that you "had to sign" or face not getting medical care down the road, I realized that it must have had something to do with a legal matter with Maximus who "manages" MSP. I refused to sign and give over my personal information to a "foreign" company. I wonder if they can really deny me medical services?
Mike (not verified)
7 years ago
Terrible, unless the people of BC dump this government we are stuck with another 4 years of ultra-right wing hidden agendas. In next round will be ICBC early in their mandate, expect to pay hundreds more for car insurance.
Percy (not verified)
7 years ago
The Tyee is asking other people to do research for it. That's essentially what an FOI request is. And any request costs money--lots of money. Every document has to be reviewed by legal counsel first at the relevant institution or ministry, then with the counsel at the FOI. Fees charged to recover some of this cost are only nominal, and represent a fraction of what the public is paying to fund the request. Need I say it again: to do someone else's research. There is no public purpose requirement in any request and, anyone can ask for anything for any reason or no reason. As someone who used to handle FOI requests in a ministry in another province, our own internal estimate was that each request cost the public purse approximately $5,000. The requesters were a mix of news corporations, a large number of people with mental problems, and prison inmates with time on their hands. That's relevant, because you have to make rules for everyone, and its worthwhile to look at who your clientelle is. My guess is, the Tyee was being offered a bargain, heavily subsidized by the public. So I fail to see the outrage, just prudent rules on the disbursement of public funds which could have other uses.
Ranbir (not verified)
7 years ago
With current technology, any government should try to make as much information available to the public, and can call it "freedom of information." The public should also know who's doing what in government. Valuating a F.O.I. request as $5000, makes it seem like it is an unreasonable expense, what is the point of living in a democracy if you do not know what is going on? Freedom of information is a very important part of democracy, and government should better organize themselves and provide as much information as possible via internet or otherwise, even before people make F.O.I. requests.
Bailey (not verified)
7 years ago
That's just silly, Percy. Misfiling and hiding documents that are embarrassing or incriminating, but must be kept is a well established practice among misbehaving functionaries. The alternative is to allow the public in to the files to do their own searches. I'm in favor of that. Are you?
You're completely right, you know. Anybody can ask for any records for any reason or no reason. So also can agencies make records for any or no reason. The error rate in government records is hard to calculate at $1500 a pop, but it's safe to say it's not zero. Suppose a citizen wanted to determine the accuracy rate of government records by double checking some thousands of them randomly? How many could you afford to check, Percy? Yet nobody could seriously argue that citizens have no legitimate reason to want to know that rate.
FOI should be free to all,excepting matters of personal privacy (for citizens, not officials). The only reason to charge for it is to hide things. Governments should not be able to hide things, Percy. It just encourages their worst qualities.
Anonymous
7 years ago
Well, considering Maximus was in trouble at one point re kickbacks (googled info) I'm sure the RCMP are investigating some of these contracts. Also, considering that some of the biggest rats have abandoned ship I would think that more will be revealed probably after the election as now is being done in the US. Of course, all gov't business should be available to the public. If a company feels it's business would be in peril then they shouldn't bid for gov't contracts. This is one reason I'm voting against them and I fully expect the NDP to reveal terms of these contracts and if there is something in the contract that prohibits that to fight those in court. That is where I want my taxes to go at this point. I really do think the RCMP are investigating a lot of this from their commercial crime unit. Good article, Scott.
Anonymous
7 years ago
oh, and another point re the ferry act, what is so easily put assunder, can be again. When laws are so flagrantly disregarded and the rules rewritten, it only takes another act to reverse it and get inside that ferry corp. So, they aren't protected a whit. Woe to those thinking those 'acts' and 'rules' are going to keep their actions from public view. Just as our 'speaker' lays down edicts from ahigh, so can our next! lol That is why it's no to the new porportional system. All forms of gov't depend on good faith. Without it, as we are seeing here in BC and in the US, it is corrupt and it has no legitimacy. We had our checks and balances which this gov't dismantled as much as possible (thank you Jeff Plant. Bruce etal)and now they think we will vote for a system of gov't that will make it so we can't reverse their dishonest enactments? No.
Anonymous
7 years ago
Their gleeful dismantling and contempt for the 'status quo' is ironic because those protections that the 'status quo' gave others, would have afforded them that very same protection. Now, when the investigations begin and become public, they can not depend on that system of 'good faith' and tradition, instead it will be by their rules, only it will be they, who it is working against, this time. Neo-cons have never been known for their ability to think things through to the end game.
Bob.. (not verified)
7 years ago
It is all about pride. Pride for yourself, family, neighbour, province and country. The ability to hold up one's head and not be swayed by dishonest corporations, businesses and people is what life is all about. Once you have to resort too bad language and threats that indicates your argument or point is not worth a darn..Thank you
KJ (not verified)
7 years ago
Percy, persuasive points one one level. But on another level, given the potential for institutional abuse, the need for accountability, etc. then it's imperative that the functions of government be like the administration of justice, in that 'governing' must be fair and seen to be fair. Also, democracy isn't cheap - so the efficiency argument doesn't wash.
BC Mary (not verified)
7 years ago
A daydream: David Basi appears in B.C. Supreme Court (Vancouver) on 11 March having decided to assure his place in heaven by singing like a canary. He will tell the Canadian public everything we need to know to end corruption in government. He could, you know.
Accompanying himself on zither and televised on CBC, he will sing verse after verse (the country, mesmerized, will listen transfixed, blessing the public broadcaster). Basi will tell Canadians everything. Everything! Coast to coast to coast. He unburdens his sorrowing heart to us completely, making it unnecessary to seek further information under the Freedom of Information Act. Like we could get it, anyway!
In verse after verse, Basi in a robe of purest silver trimmed with ermine, will speak to the public interest. He will tell us every political thing he did, with whom he did it, why, for how much, where they got the money, what he did with it, what he/they hoped to achieve, who got dumped and who got promoted, who knew, when did they know it, and how it affected the working of the B.C. government and electoral system.
When, at last, 3 days later, he has told us everything, he bows his head, spiritually exhausted but cleansed and purified. Applause rings through the nation. The governor general arrives with a full pardon and an Order of Canada. His name will be remembered forever. In a good way, that is. In olden times, this was called a duty of honour.
What a lovely dream. And why not?
basline (not verified)
7 years ago
why not!?! because it makes no fucking sense you moron....
hombre (not verified)
7 years ago
Beautiful thoughts BC Mary. Watch your mouth basline, you stupid little hit and run posting coward. I don't even have to ask if you're a BC liberal. Mike, under the miracle of free enterprise in New Brunswick, private insurance is $5000/year. God only knows what truckers and other commercial drivers will pay. ICBC's accounting is already privatized. If, perish the thought, the BC liars get reelected, it'll be interesting to see what the truck loggers association, one of the few groups left profitting from BC timber think of our drunken premier. Percy, if it a file has to be checked for legality, it's already a good bet something's being hidden. Think you'll still have a job if the NDP win?
relayer (not verified)
7 years ago
Prediction: If the Liberals win on May 17th, massive civil disobedience and increasing violence, for the next 4 years. Another prediction: one day, Gordo et al will be in court, answering for their actions.
Percy (not verified)
7 years ago
To Bailey: Of course, you can't simply walk into a government office and ask to go through their filing cabinets, although that might seem light a good idea if you don't reflect on the consequences. To give only one pertinent example, the government holds enormous quantities of personal information, and is under a legal obligation to safeguard privacy. Are you really in favourof anyone being able to paw through documents reflective of your own privacy, just because they want to look? Maybe you don't care, but I assure you most people do. That's why documents have to be reviewed to protect competing rights. And KJ, it's true that democracy costs money. But accessing government information for free at public cost is scarcely an essential element of democracy. Public policy is about making compromises and tradeoffs, since money isn't unlimited. I wonder whether, if every document could be had for free, whether the Tyee might not be decrying it as a subsidy to business and private interests. hee hee
Fi (not verified)
7 years ago
Percy, safeguarding private info has nothing to do with this. FOI requests are PART of a journalist's research. It's gov't info- a gov't contract!! that is there- that is legally open to the public to scrutinize; obviously your average citizen doesn't have the time to do it (or is to busy watching the hockey game to care). One request, for instance, can give you a certain number of hours of research time. If a gov't dept is refusing a request (or putting a huge price tag on it)- you're clearly on the trail of something they don't want you to see. (I just read Bailey's comment- don't see why that one didn't make it clear to you, Percy).
Brian White (not verified)
7 years ago
Just noting another abuce of power in BC. (Duke point). They will probably build a state of the art central generating station there. Problem is it will only be 35 to 50% efficent. The better option is called combined heat and power. The station is smaller, closer to the end users and waste heat is used to heat office blocks condos etc. This option is over 80% efficient. When I lived in germany about 15 years ago they were using this type of power station to heat and power Ludwigshaven or Mannheim. You can read about this option in the Skeptical Inquirer. (Jan-feb edition) Such an option should not be ignored. Basically, you are using the fuel almost twice as efficiently when you do it this way.
Brian White (not verified)
7 years ago
Just noting another abuce of power in BC. (Duke point). They will probably build a state of the art central generating station there. Problem is it will only be 35 to 50% efficent. The better option is called combined heat and power. The station is smaller, closer to the end users and waste heat is used to heat office blocks condos etc. This option is over 80% efficient. When I lived in germany about 15 years ago they were using this type of power station to heat and power Ludwigshaven or Mannheim. You can read about this option in the Skeptical Inquirer. (Jan-feb edition) Such an option should not be ignored. Basically, you are using the fuel almost twice as efficiently when you do it this way.
Percy (not verified)
7 years ago
Response to Fi: Well, I suppose you could write in a provision that "journalists" have special entitlements to free access, but then you would have to establish a legal test to determine who is an eligible journalist. Perhaps license and register them (otherwise its hard to distinguish Joe Journalist from Joe Who). I agree in principle that the fourth estate perhaps should have some advantage, but I'm puzzling how you would determine fairly who is a journalist. Many good ideas can't be translated into practice in any effective way. A Ministry or department doesn't have the right to refuse a request without citing legal authority on the basis of an exemption to disclosure in the Act, and from this there is a right of appeal, as is there with the reasonableness of fees (of which the Tyee is, I note taking advantage). So there is a mechanism for identifying and scrutinizing the predictable self-serving tendencies of the bureaucracy. It's true: some stuff you just can't get (my favourite was prison inmates who wrote repeatedly requesting the architectural and system plans of prisons), and stuff that you probably have to pay a lot to retrieve and review and copy, but that just makes the system fair and workable.
Bailey (not verified)
7 years ago
Percy, you make good points. Some of them are a bit double edged though. The prisoners example is like that. In cases where convicts are later found to have been innocent it very often turns out that police and/or prosecutors screwed with the evidence.
After DNA or something lets the cat out of the cell, so to speak, the records are always still there to be examined, and tell us how these wrongful convictions occurred. But they're hidden in the pile. Any prisoner would have good and legitimate need to see all the files from police and prosecutors. Few could afford any of them at $4 a day. You smile at them, and dismiss them, but they more than anybody are being abused by government. Even if guilty, abuse is still the word when you're locked up and maltreated.
So... how do we balance the public's need to know, to defend itself from abuses of power with the government's wish to be unquestioned? If they charge for legitimate information they simply deny it to those who are it's owners. It's wrong, and it's a dangerous thing to allow power to hide it's actions like that.
KJ (not verified)
7 years ago
"The Castle" - Kafka
john (not verified)
7 years ago
another abuse of power by a worthless , worthless...self serving so called government...that will never make it into the " mainstream " Liberal owned Canwest group of media here in BC so people can ...you know ACTUALLY know whats going on en mass.
Kathryn (not verified)
7 years ago
Not to be a government apologist here, but I happen to know that the health ministry looked far and wide for a Canadian company that could handle the complexity of the MSP system and couldn't find one. Undoubtedly there are problems with Maximus which should be brought to light, but it also should be remembered that the system before was pretty much nonfunctional - I was lost in the bureaucratic madness for months, being billed for things I shouldn't have.
"The Legislature" - Campbell (not verified)
7 years ago
Bailey (not verified)
7 years ago
Not to be impugning government dogma here, but what's wrong with keeping our records in our own hands?
We have had a government service in this province that's the envy of many free people. It's honest, stable, career people who happened to be represented by a union the current government wants to destroy because it thinks they support their opposition. Also, any civil service tends to be genuinely conservative, and has a certain inertia that permits long consideration of any proposed radical restructuring, such as these 'Liberals' undertook from their first day in office. I remember that first day. 40% wage raises for themselves, $2Billion tax cuts to anyone in their own bracket, etc.
I can't think of any honest reason to make our private medical records public like this. It's exactly what a civil service is for.
T (not verified)
7 years ago
The writer should get in touch with Jim Bronskill at the Canadian Press in Ottawa. He's an investigative journalist who knows the access/foi laws extremely well and if there's a way to get around that $1200 fee, he will know what it is.
lisa (not verified)
7 years ago
Kathryn,
The mess was created by these neo-con pawns. They deliberately let too many of their staff go and then the system was 'broken'. They are incapable of making a wise decision because, among other reasons, they are ideologically blinded.
As well, where is your information that they looked 'far and wide' within Canada? Don't tell me that Canadians aren't 'up for it' and our only choice is an American (subject to the patriot act - no European?) company with a terrible reputation. A reputation for not delivering, not handlng public funds appropriately and for kickbacks in one state! It was not a sound decision and it was a decion not needed.
Come on.
lisa (not verified)
7 years ago
I heard the other day that the trickle down theory is not longer even applicable to their stupid ideology, because, because of outsourcing, trickle down has been replaced by trickle out! Only with this bunch is hemmorage out!
Innocent Bystander (not verified)
7 years ago
1. Ask to view the documents in person rather than having them copied. This will save you the reproduction fees.
2. Ask for the list of documents deemed responsive to your request and then cherry pick what you actually want. You may think that just asking for the contract would only produce one document, but a trick that staff have been told to use is to produce various drafts of the contract in order to drive the number of pages and hence cost up.
3. When the Government doesn't produce your documents within the statutory time limits, bitch like hell to get your fees refunded.
Kathryn (not verified)
7 years ago
Hi Lisa,
I work in international development and you will not find anyone more opposed to the "trickle down" theory than I. But I don't think that has a lot to do with the issue here. I know pretty pretty high up at health, and yes, the US firm was their only choice. Like it or not, the Americans have more money to invest in better technology, and they can provide it cheaper. If you think the Canadian economy can provide all the services this country needs, dream on. If something is broken it has to be fixed, regardless of who broke it or why. And if the Americans really wanted that health information, they wouldn't have to use the Patriot Act to get it.
The Campbell government is cold and heartless and if I were in BC I would vote them out of office in a second. I don't agree with where they're coming from at all. But this does not mean I think that every single decision they make is automatically wrong or without merit. I accept that we don't see eye to eye here, but if you let that kind of visceral dislike colour your analysis of every single issue, I'd advise you to beware of your own ideological box.
hombre (not verified)
7 years ago
Good ideas from innocent bystander, I hope the Tyee Editor takes note. Why can't the NDP or the BC fed kick in a few thousand dollars to advertise the Tyee in community newspapers, like the Westender, and even the Courier, and Monday magazine etc? Imagine what an effect this could have on what may well be a close election and on countering Canwest propaganda.
Kathryn, Maximus is a corporation which has faced criminal charges for stealing benefit money from the disabled and from single mothers. The idea that the work couldn't be done in BC is simply nonsense; it WAS done for years, all without siphoning money and privacy out of the country. I have to question your claimed lack of bias.
allan (not verified)
7 years ago
This story and the subsequent comments illustrate quite well the growing readership here at The Tyee. Unfortunately, the spike appears to have been at least partially created by the communications manipulators in Gordon Campbell's premier's offices. Above we have these self-proclaimed government experts who know how the world works, and that Canadians simply can't cope without help from the good ol' US of A. Kathryn, the only problem with our bureaucracies are the people managing them. Our civil servants are quite capable of performing whatever task given them in honest and efficient ways. It is the intentional hobbling of these people by politicians, their appointees and snivelling managers intent on pleasing the people who can advance their careers, who are the problem here. Tell me Kathryn: when was the last time you heard a manager in any ministry state outright that the public's right-to-know or right-to service or right to anything trumps the demands of those involved in political gerrymanding? Perhaps you can elaborate on who and what you know "pretty, pretty high up in Health", as you stated above, because that statement suggests you know things you shouldn't
have access to. Now maybe you're just flapping your gums, so-to-speak, because you are trying to impress us rubes how connected you are, but you come across as an apologist for something. If it isn't Campbell's gang, then what shenanigans have the feds been up to to assist Campbell and those honesty-challenged outfits from the US in acquiring such contracts.
Are you suggesting Ottawa was also involved in this seedy privatization scam as well? Were you personally involved, was it pillow talk or did your doctor fill you in on all this Health info?
Anonymous
7 years ago
Katheryn,
If it is truly broken, hiring back the people who speciously laid off would have fixed it.
If, after careful contemplation, it was felt that this really was the best route (and that means the extremely private information and sensitive subject matter is weighed against $ among other critera) then a call for Canadian companies could have gone out and those companies could have come up with a plan.
This is no more difficult that an insurance business, with the exception of the highly private and personal information so callously tossed to Maximus, so sorry, not buying the bs.
By the way, I call by ideological box, patriotism.
Lisa (not verified)
7 years ago
Obviously, the post above is mine.
Patriotism is loyalty to my country and province. Concern for the citizens of this province and a desire for democracy, not fascism.
It is impossible to evaluate Campbell etal's actions except in the context of what is happening in the Western World right now.
Lisa (not verified)
7 years ago
Sorry for the typos etc - plus my keyboard is sticking.
I guess, what I am saying as well, is what will our society look like if we continue with these policies. What will happen to our beloved British Columbia.
The very people who support Bush, Campbell, Harris etal, enjoy a society which has FDR, Social Democracy, the Trade Union Movement, Women's Sufferage and Liberation to thank. People died for these benefits.
BC's neo-con representatives don't seem to be able to think their policies through to the end. What will our communities look like if wages and working conditions are 3rd world and what will our communities look like if our children don't receive a good education and most important, what kind of society will we live in, if people can't aspire to a rewarding life, where they can breath the air, have the toxic mining company next door, obey safety regulations, and hope for their children? What will it look like when we are held hostage by a few multi-nationals, for our water, our wood, our labour, and our serfs on our own land? The last four years have been a terrible time in BC, not only because the policies have hurt people, but for our sense of community. This is NOT the usual left/right battle we are accustomed to in BC. This is our very way of life and relating to oneanother.
Bailey (not verified)
7 years ago
Lisa; What our communities will look like does not enter into their calculations, since Maui is nice enough for them. Their neighbourhoods will look just fine, and be gated against the hungry rabble. (Look dear, they're out there again staring at our dinner party. Honestly! Why DO people choose to live like that?)
Margaret Thatcher the voodoo queen herself, has been quoted as saying there's no such thing as society. Such is the dogma all the faithful must believe, whatever the evidence or reason might say. They rarely if ever have to actually see, let alone meet the people they destroy, so they can deny that they even exist.
It's left to others to count the bodies.
Innocent Bystander (not verified)
7 years ago
Another issue with outsourced contracts which rarely gets mentioned is what happens when the contract is up for renewal. I believe that I read somewhere that Maximus had been accused of building in outrageous price increases (ie 2-3x) upon contract renewal because they knew that their services had been so tightly integrated that nobody else could now do the work.
baseline (not verified)
7 years ago
someone's starting to look a little less like an innocent bystander
Lisa (not verified)
7 years ago
Baily, I agree with you that that is what some of them think. However, gated communities won't work as well in Canada. Our communities aren't divided into ghettos and separated by freeways.
If it came to that, Canadians are well educated and aren't going to riot in their own neighbourhoods, but instead will go where the action is.
However, a lot of wealthy people believe strongly in a just society, which is why in part, the New Conservative party is losing ground. And, why in the US some big money is going towards true democracy and to fight this ultra-conservatism.
Personally, I really believe the BC liberals will lose this election... if it is a fair one. If it isn't we will find out because once again, this is a different system than in the US.
Really, they were so stupid. They could have ruled for the next twenty years if they had pretended they had fair play. If they had been content to make incremental changes and if they had pretended to listen to the public.
This trend will turn around in our world, but unfortunately, I also believe that more people have to be personally effected (US social security issues are having some effect) and by them many of these crooks will have bled the system and the assets of countries. Some will wind up in jail and some with a fortune. It will end though. In the US critical mass in regards to outsoursing is already beginning to happen. That is why they want to make it into a 'class' war, a religious war, left vrs right etc. Because while we are fighting they are in the vault.
In the Ukraine they are taking back the public assets from the shady private companies which profited from privatization. I think they just passed a law that said the steel company must be returned to the public. In Argentina changes have been happening as well.
Of course, in Ottawa right now they are selling our real estate assets.
Alfred Young (not verified)
7 years ago
Join the Campaign against the privatization.
File an your own FOI request for personal info:
http://www.bcgeu.ca/2380
Sign the petition against privatization:
http://stopprivatization.gotdns.org/
Innocent Bystander (not verified)
7 years ago
Alfred. I don't think that filing your own FOI act request is fair to Ms. Edwards. You send your form letter to Ms. Edwards asking for information and she sends her form letter back to you denying it. Where is the sport in that? I have often thought that Ms. Edwards lies awake at night thinking of new and creative ways to deny access to information and this simply takes all of the fun out of that! Remember to be kind to your civil servants. After all, they are just doing their jobs!
Bob (not verified)
7 years ago
What about provincial judges getting a 28% increase and it was awarded by a nameless judicial committee.
Nice work if you can get it at 198 grand per year..
trew (not verified)
7 years ago
Such private firms that have one majr customer ,namely the Province should be audited by a general gov't civil servant if the province provides 50 percent or more of the revenue ,in an ideal world.Unfortunately we are not quite there yet.Accenture,Compass and Job wave and many others that contract to the province hardly disclose in laymens terms their balance sheets.
No conclusions are made by this typer of the aforementioned firms but clearly a system could evolve as has wit h FOI requests that obfuscates to the public without doing anything illegal.
The legislation is usually written and interpreted as the party in power sees fit.
Where did the 400 thou go that a mr. walls , got from the province,a close relative of the premier's wife.S'pose everthing is OK since the esteemed firm audited the books.That firm just happened to give a sum to the party in form of a donation,natch.
FEar the present gov't,things but things could be worse I'm told,by whom you ask,a Liberal!
Right to Privacy Campaign Coordinator (not verified)
7 years ago
Greetings! I've been reading this dialogue, with interest, since it was called to my attention last week, and realized this would be an excellent arena to introduce The Right to Privacy Campaign (RPC). For those who may not be aware, the Campaign was launched in June, 2004 in response to the government's proposal to outsource the administration and management of MSP and PharmaCare to US owned companies. But our focus has become broader as the number of outsourced contracts and the scope of medical, financial, and other personal information at risk becomes apparent.
The RPC supports community action on this issue, such as Alfred's recommendation to file a FOI request to obtain your personal information. Citizens have the right to confirm exactly what information about us the government and private companies have. Under the USA PATRIOT Act, we already know that our personal information, once in the hands of the US, can be used by the FBI--without our knowledge or consent--for investigative purposes. At the very least, should we not seek to confirm whether or not the information on file is current and accurate? According to the BC Freedom of Information Act, it's our right to know.
Information about the RPC is available on our website: www.righttoprivacycampaign.com. The site will be relaunched in March, as we move into Phase 2 of the campaign: Your Right to Know. If you'd like to subscribe to our email list, and receive regular updates about our activities and how you can support our efforts, please contact: