Opinion

Mr. Transparency Now Will Guard Secrets

Four reasons FOI Commissioner Loukidelis was wrong to jump to BC deputy Attorney General.

By Bill Tieleman, 26 Jan 2010, TheTyee.ca

David-Loukidelis.jpg

David Loukidelis: Changing teams?

Related

"Secrecy feeds distrust and dishonesty. Openness builds trust and integrity." -- Gordon Campbell, 1998

The man who has been responsible for ensuring that the provincial government fulfills Freedom of Information requests since 1999 is now deputy attorney general for the B.C. Liberal administration.

David Loukidelis will go from being the independent appointee responsible for ensuring openness and transparency in a government that flagrantly violates FOI rules to being one of the top bureaucrats assigned to keeping documents secret from the media and the public.

And that is seriously wrong in at least four ways.

Reason 1: Reversing roles

Loukidelis has an admirable record as information and privacy commissioner, including fighting B.C. Liberal government funding cuts that have reduced citizen and media access to information that should be readily available.

But the government should not have offered him the deputy attorney general’s position, nor should he have taken it.

Reason 2: Railgate optics

What's more, Loukidelis takes over as the senior administrator responsible for dealing with FOI and other requests for government documents in the B.C. Legislature Raid case -- a disquieting prospect given that he has been ultimately responsible for FOI requests previously made by defence lawyers for David Basi, Bob Virk and Aneal Basi -- who face serious corruption charges.

Who recruited Loukidelis? The former deputy attorney general Allan Seckel, who is now Campbell's own deputy minister.

Reason 3: FOI office shutdown

And the government neglected -- through either sheer stupidity or malicious intent -- to appoint an acting commissioner until Monday afternoon, forcing the entire FOI office to bring all its activities to a halt until then.

You decide which -- because commission executive direct Mary Carlson was forced to write an urgent letter to B.C. Speaker Bill Barisoff Friday after an earlier letter to Premier Gordon Campbell went unanswered.

Only when media attention was focused on the lack of an acting commissioner did the government belatedly appoint B.C.'s conflict of interest commissioner Paul Fraser to temporarily fill in.

Reason 4: A dangerously slippery precedent

But here's what's most important of all. If the FOI commissioner can suddenly take a job in the B.C. government without any restriction, how can the public trust the next person who gets that job won't do the same thing?

And that means the next FOI commissioner may well be a lot more cooperative with the government than their position demands -- in order to seek another and potentially more lucrative job in government afterwards.

Loukidelis is an honourable public servant, and I believe he will continue to act in that manner in his new position.

But let's be clear. He reports directly to both attorney general Mike de Jong and Campbell; he is an Order In Council appointee and can be dismissed without cause at any time.

Anyone who serves as the independent FOI commissioner should be disqualified from subsequently serving in a government position to ensure that the integrity of the office is unquestionable.

As someone who has filed dozens of FOI requests, including several appeals to the commissioner when FOI documents were withheld unfairly and unnecessarily to prevent government embarrassment, I know this government is the most secretive in the country.

Now Loukidelis, the man who often bravely attempted to force Campbell to live up to his own promise that the B.C. government would be the most "open and transparent" in Canada, is part of that same administration that seriously weakened FOI legislation while slashing the commissioner's budget to further hurt access. And that is beyond regrettable.  [Tyee]

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  • G West

    2 years ago

    Bill

    I think there are very good reasons why Loukidelis is the new DAG...

    1) It creates immediate appearances of conflict of interest and slows down the whole FOI process;

    2) Loukidelis has little or no administrative experience running a department which is, in effect, the largest law firm in the province - EDITED -- TYEE MODERATOR
    3) He hasn't actually practiced law for about a decade - hardly the kind of guy you want in the DAG chair.

    4) Although he's certainly clever, EDITED -- TYEE MODERATOR
    Now, why would De Jong pick such a man to be his deputy?

    I'd say for exactly those 4 reasons - this government does not want someone EDITED ready to hit the road running in this important position – in essence, running the Justice system of the province...Loukidelis is perfect for the job.

    Furthermore, by creating uncertainty and chaos in the FOI office the Executive Council also works to get Loukidelis out of a position where he might actually do some good. By pushing him into a position where he will be conflicted out on most issues they have very effectively shut him up.

    Is it a coincidence that the Basi Virk Trial is within a few weeks of actually starting?

    I don't think so.

  • BC Mary

    2 years ago

    Wanted: 3,300 hungry journalists looking for copy

    On my blog today, there's a story about an incident which reveals how news is filtered in British Columbia.

    It illustrates in a few terse lines, how NEWS is product like widgets and made to be sold, not information meant to be shared.

    That little story finally eliminated my last shred of doubt about how these terrible things happen where people betray themselves, and in doing so, betray all of us, their country, their future, and hope itself.

    Some awful quid pro quo is offered, to be sure. Something needed or wanted, perhaps desperately needed or wanted; and so the contract is sealed.

    How is it, then, that some people don't give up ... don't bend?

    Blessed are the journalists who still remember that honest news presented fairly is the essential arm of a democratic government.

    3,300 international media are coming for the Olympics. I hope they are hungry journalists working (here) outside the control of any Mr Big and that they document the stresses and fractures of British Columbia right now.

    I hope they will help to uncover the story of BC Rail which, what a surprise, will have its day in court but, by some strange magic, not until ... drum roll please ... AFTER THE OLYMPICS.

    http://bctrialofbasi-virk.blogspot.com/

  • WHAT

    2 years ago

    Moving the pawns around

    Obviously...slowing up the process so a nasty piece of information doesn't come out till after the Olympics...among the answer to 'Who ordered the destruction of government emails?"
    The public doesn't forget juicy gossip, we have been conditioned to look for it...Back fire!

  • bcliberals_suck

    2 years ago

    Secrets, skeletons and scoundrels

    Just look at the man, he looks haunted and gaunt with the weight of the secrets of the BC government. That's what it does to people - sucks their souls away. These aren't the kind of people you piss off. Good Campbell foot soldiers are well rewarded. Look at Holman's reports of the Ministry of Advanced Education bureaucrats scoring jobs with educational lobbying groups.

    Bill, you're rather more generous in your praise of Loukidelis than I'm inclined to be. The OIPC is a mess and they do their best to obfuscate and delay important and treacherous investigations and requests for information from the most unaccountable of governments in our fair Confederation.

    "Anyone who serves as the independent FOI commissioner should be disqualified from subsequently serving in a government position to ensure that the integrity of the office is unquestionable."

    I couldn't agree more, this is just horse crap. Other offices don't shut down, people's Oath's aren't unsworn, delegations aren't yanked and things shouldn't grind to a halt because the top dog bails.

    G West: I also agree with you, the Peter Principle is alive & well in the Premier's Office appointments. Just why would the AG want to have someone so questionably up to this very, very important role? It definitely bears consideration.

  • Grumpy

    2 years ago

    Gordo is in trouble..............

    .........and all the King's men and all the king's horses can't save him. So scuttle the FOI office, by giving the head chap another job in the bureaucracy.

    Love to know what the editor edited out as G. West is not one to run off the mouth.

    What we see is the most corrupt, the most evil government in BC's history, beginning to implode under the sheer weight of malfeasance. The publics right for the truth is being impeded by the government.

    In short, the BC Liberal government has become an "enemy of the state."

  • The Lastfish

    2 years ago

    Moderators gone Gordoh

    Gee, you think someone was talking about Lara Dauphinee and Gordon Campbell, Loukidelis,perhaps he`s infiltrated? Gordon Campbell is on the run,he doesn`t care how bad he looks anymore.

    The most interesting thing I saw tonight was Gordon Campbell on the 6:00PM evening news, he appears to have grown a familiar little moustache,

    I kid you not, maybe they`ll show the replay of the torch arriving in Penticton, all he now is to work on the salute!

  • The Lastfish

    2 years ago

    Meant to say

    All he needs now is to work on the salute,circa 1936

    Maybe he forgot to shave,funny though,why would only that paticular moustache be apparent?

  • The Lastfish

    2 years ago

    Freedom of information?

    Ida Chong`s brother has been suspended from the Victoria police department for a IN CUSTODY ASSAULT,his second assualt in 18 months,his last assault he was sent to anger management, this latest assault is on video tape, Victoria police is asking Vancouver police to investigate,Ida Chong has made a statement "She stands by her brother" I`ll bet!

    Freedom of info? Lets see the tape!

  • Grumpy

    2 years ago

    There is is a growing public anger.....................

    .......towards Gordo and his band of footpads and the public needs the truth. Gordo is El Supremo and now has sabotaged the FOI office for fear that the truth will come out.

    Every man has his price (and women too) and Gordo flashed a fancy and high paid bureaucratic job his way and he took it.

    We live in evil times, governed by evil people; who hire evil people to spin the truth or act as police. How long will it take the public to wake from their stupor and see what damage El Gordo has done. When the public realizes how evil and vile the Gordon Campbell Liberals have been and are, they will seek revenge and not at the polls.

  • DPL

    2 years ago

    There is an old saying about

    There is an old saying about keeping your enemies in the tent so they are peeing out not in. The guy was an irratent to Gordo so he got bought, but for less pay than he had before as an independent officer. He can now be dropped without warning. So why would a seeingly sharp guy buy into Gordo's crew. Sad way to end a career, sucking up to a bunch of weasels

  • G West

    2 years ago

    With respect, those edits are very curious

    Why were those comments redacted?

    In fact, the excised words expressed the 'OPINION' that:
    a) as an 'administrator' he has no experience with a department of the size and complexity that he will handle as Deputy Attorney General. For anyone familiar with the relative size of the two organizations this is hardly earth shattering - it's simply pointing out a FACT.

    The formation redacted in c) was, again, an opinion about Loukidelis - it referred to the way the POI office actually runs and how investigations proceed. And, again, it makes a legitimate point about whether or not the man is up to the job of being the top justice civil servant in the province.

    4) This redaction simply refers to another 'opinion' about the man's operating style and, acknowledges that despite his brilliance, he's not an easy man to work for. Again, it's an informed 'opinion' and nothing more.

    The last redaction was also far from earth-shattering - the opinion that the current Campbell cabinet might very well like NOT TO HAVE Loukidelis continue on as FOI commissioner at this particular time. Again, it's an OPINION - pls note the words 'I'd say...' at the beginning of the sentence.

    Additionally, that same opinion has been expressed in both opinion pieces and news stories in virtually all the media that have covered these appointments.

    Surely the editors can't have missed them.

  • off-the-radar

    2 years ago

    great article

    I really agree with Bill Tieleman's analysis that Mr.Loukidelis leaving an independent office for the Deputy AG position is a profound conflict of interest.

    He will go from the watchdog side of major sensitive issues (Basi-Virk; sharing information on citizens' etc) to the government's side (and with his watch dog knowledge and experience).

    Mr. Loukidelis will be a very competent AG and he has a very good reputation. However he has crossed over into a very partisan political world and he will be playing a key role in Campbell's political fights.

    It was an inappropriate appointment and should not be allowed.

  • G West

    2 years ago

    Doing my own editing

    That should have been FOI office in para 3 of my comment above, not POI, obviously.

    I'd also point out to off-the-radar that Mr Loukidelis has been appointed DEPUTY Attorney General - not AG.

    The shorthand in the ministry is DAG for Deputy Attorney General; the shorthand for the Attorney General is generally 'ATTORNEY' – although outside the ministry AG is much more common.

    That said, I'd suggest that his appointment will be short-lived. I doubt he'll be around long enough to prove whether or not he'll be competent in the position. He had already been thinking of retiring, as most readers no doubt are aware.

  • Skywalker

    2 years ago

    Something rotten in all this.

    What is it about how he did his job that makes Gordon think the man deserves to work on the inside now? I rather think Gordo has an ulterior motive. Whether it is to drop Loukidelis when it is convenient is hard to say. If a policeman announced they were going in to work for the gangsters, would it not call into question all his past actions.

  • freebear

    2 years ago

    A whirlwind of manipulation!

    As with lies, when there are so many political machinations going on someone is bound to trip up; though it may be after the olympic spending orgy!

  • Fiat lux

    2 years ago

    Both the BC and the federal

    Both the BC and the federal governments are only following the scriptural dogmas licencing their crimes by our university economics departments.

    The Priesthood of the Money God !

    Interesting news how some of our American friends are beginning to wake up

    Ed Deak

    >
    Date: 24 January 2010 10:29:37 AM
    Subject: US Veterans Today: CALL FOR IMMEDIATE ARREST OF 5 SUPREME COURT JUSTICES FOR TREASON

    http://www.veteranstoday.com/2010/01/22/call-for-immediate-arrest-of-5-supreme-court-justices-for-treason/

    CALL FOR IMMEDIATE ARREST OF 5 SUPREME COURT JUSTICES FOR TREASON

    January 22, 2010 by Gordon Duff ·

    THE FIVE THAT STAND AGAINST ALL AMERICANS, THE “MAFIA” JUDGES

    By Gordon Duff STAFF WRITER/Senior Editor

    Five members of the Supreme Court declared that a “corporation” is a person, not a “regular person” but one above all natural laws, subject to no God, no moral code but one with unlimited power over our lives, a power awarded by judges who seem themselves as grand inquisitors in an meant to hunt down all hertics who fail to serve their god, the god of money.

    Their ruling has made it legal for foreign controlled corporations to flush unlimited money into our bloated political system to further corrupt something none of us trust and most of us fear. The “corporation/person” that the 5 judges, the “neocon” purists, have turned the United States over to isn’t even American. Our corporations, especially since our economic meltdown are owned by China, Russia and the oil sheiks along with a few foreign banks. They don’t vote, pay taxes, fight in wars, need dental care, breathe air, drive cars or send children to school. Anyone who thinks these things are people is insane. Anyone who would sell our government to them is a criminal and belongs in prison. There is nothing in the Constitution that makes this “gang of five” bribe sucking clowns above the law. There is nothing in the Constitution that even mentions corporations much less gives them status equal to or greater than the Executive, Legislative and Judicial branches of government.

    Veterans Today Senior Editor Gordon Duff is a Marine combat veteran and regular contributor on political and social issues.

  • Chris Keam

    2 years ago

    Happy Australia Day!

    "The shorthand in the ministry is DAG "

    Strewth, there's a bonzer acronym for taking the piss out of the bloody galahs that keep cocking-up our great country. Fair dinkum mate.

    G,day all.

  • Norman Farrell

    2 years ago

    Bill, you are too kind

    "Loukidelis is an honourable public servant, and I believe he will continue to act in that manner in his new position."

    This is egregious. The conflict of interest is so blatant, it demonstrates that ethics on both sides are non-existent. Loukidelis abdicated any claim to honour.

  • ChrisB

    2 years ago

    An Opportunity to Get Some Answers

    I'm very pleased to see that there's continued interest in what is happening at the OIPC and what Loukidelis's appointment as Deputy A.G. means.

    There's a rare opportunity on February 2 in Vancouver to dig for some answers. The Legislative committee reviewing the FOI/Privacy Act (FOIPPA) is holding a public meeting at the Hotel Vancouver (the Waddington Room) from 10:00 to 17:00. I am scheduled to speak to the committee at 11:45.

    On the 19th, the day Loukidelis tendered his resignation, the OIPC sent me a letter confirming that there would be no "oral" hearing of my long-outstanding FOI case, and stating that a decision (aka "order") is "forthcoming".

    The respondent to my case is the Ministry of A.G., and this is a case without precedent that I will certainly take to judicial review if necessary.

    I will bring my files with me to the meeting on February 2 and will share everything about my case with anyone who is interested (and not afraid of looking at the truth).

  • The Lastfish

    2 years ago

  • samuidave (not verified)

    2 years ago

    Are you kidding us?

    "Loukidelis is an honourable public servant, and I believe he will continue to act in that manner in his new position."

    Whereas I have no reason to believe, and no reason whatsoever to think, he will remain honourable. In fact, Loukidelis has changes his stripes already.

  • Fiat lux

    2 years ago

    The truth is that the world

    The truth is that the world is sinking deeper under global corporate dictatorship every day, encouraged and enforced by pimp governments calling themselves "free enterprise".

    Ed Deak.

  • dorothy

    2 years ago

    You got to be kidding!

    "Anyone who serves as the independent FOI commissioner should be disqualified from subsequently serving in a government position to ensure that the integrity of the office is unquestionable."

    Where did you pick up the notion that giving a tinker's dam for the integrity of anything is in Vogue??

    Integrity is a dinosaur. It has to be. Long dead. Not only dead. Fossilized. Otherwise, why do these people get elected again and again?

    This is a land where we don't want rules that define things too closely, for that would leave little 'wiggle room'. And wiggle room is our favorite commodity. Think of all those little, and maybe not so little, deals you can make everywhere with everyone, if things are open to interpretation. It's just a question of doing what you want, keeping a straight face (also known as 'brazening it out'), and should you really have your back against the wall, fashion some smart semantics. That'll fix everything. Just redefine, call it something else, and, again, brazen it out. There is an end to this? I'll believe that when I see it. I believe I said to a local rep for a politcal party at a local meeting, that I was there, because I felt politically homeless and was looking around, and she quesried commiseratively, whether I had 'been one of David Orchard's followers'!! Talk about disconnect.

  • Skywalker

    2 years ago

    So Dorothy...

    ...have you got your tongue in your cheek ,,,again.

  • crankypants

    2 years ago

    Deja Vu

    It looks as if Campbell and Co. are taking a page out of Harper's book. The only difference is that he coerced his pain in the butt to join the choir rather than just face the guillotine.

    Methinks that we will have a long three-plus years ahead of us before we get to dump this mob of manipulators.

  • Intention Pure

    2 years ago

    Groundbreaking FOI requests

    I am very interested in what the FOI requests were which lead to this abrupt stall tactic and transfer of the commissioner. Perhaps FOIs related to numbers of H1N1 positive samples as per BCCDC, or maybe chemtrail and geo-engineering FOIs? Keep the FOIs coming!

  • RickW

    2 years ago

    dorothy

    Quote:
    This is a land where we don't want rules that define things too closely, for that would leave little 'wiggle room'

    The grist of lawyers. If I am not mistaken, Canada has the 'distinction' of having more lawyers per capita than any other country. If so, it would confirm that the breeding conditions for this particular 'virus' are fertile indeed!

  • Tieleman

    2 years ago

    Bill Tieleman - what needs to be done

    Thanks all for being interested in what I think is a very important part of our democratic system - the right of all citizens to access government information without undue restrictions.

    In answer, somewhat, to Dorothy's cynical posting, I believe that we should all be pushing the BC NDP to move a motion in the Legislature that would eliminate anyone else doing in the future what David Loukidelis just did - jump from FOI Commissioner to a senior government position.

    Let the BC Liberals explain why they won't support it - add another log onto the fire.

    I would hope that the Freedom of Information and Protection of Privacy Association - FIPA - would take on this cause as well.

  • paisley

    2 years ago

    FOI Corruption, no suprise!

    How could anybody trust any of the information coming out of the FOI office? Several years ago I filed some requests for information. To my dismay I found out that a social worker had recorded in an intake that during a long distance phone conversation with that social worker I admittedly confessed I had assaulted my 8 year old son and agreed to attend an anger management course.
    When I read a copy of this intake I was sickened and questioned whether I had lost my marbles or not as I had been engaged in a lengthy divorce and custody dispute and had no recollection of any phone call with any social worker.
    Upon reviewing my phone bill there was no record of any long distance phone calls on my bill made to that government agency. My next step to rebuke this complete falsification was to request through FOI legislation, a copy of that ministry’s phone bill indicating any long distance phone calls to my home.
    The Ministry of Family and Children unequivocally stated that they could not provide any evidence of long distance phone calls because they KEPT NO SUCH RECORDS and received no long distance call logs from Telus.
    Further to this I filed an appeal to the FOI Commissioner about these records and my appeal was denied because as the Commissioner informed me that indeed no such long distance phone logs existed and therefore the information I requested was not available.
    Finally in desperation I requested from Telus a copy of a log containing any calls from that ministry to my home. Telus informed me that they could not provide a call log but they informed me that the Ministry of Family and Children did in deed have logs of long distance phone calls.
    I appealed directly to the Minister of Family and Children, Lois Boone, and finally received conformation there was no phone call to my home according to The Ministry of Family and Children’s phone logs. This entire debacle took 18 months.
    So, if this amount of incompetence and avoidance was used to protect the integrity of a frontline social worker one can only imagine how corrupt the Commissioners Office of Freedom of Information really is. Incidentally, even after it was proved no conversation or phone call took place to corroborate the social worker’s intake report the Ministry refused to remove the false intake record of child abuse.

  • ROBBINS Sce Research

    2 years ago

    "Lucky Luke"

    The decision this man made to betray the confidence of British Columbians by taking a position in government opposite to the expectation would never deem him qualified to be "admirable" - given his last act (leaving) was this one.

  • cfvua

    2 years ago

    Great piece

    The stench of this re-deployment must make the halls of places in Victoria almost unbearable. This is just one more illustration of the callous dis-regard for public scrutiny that the Campbell and his band of fools have. I put in a request regarding who got how much in the way of oil and gas subsidies, sorry "royalty credits" and for what projects over a year ago and have yet to see anything in the way of a response. Information that should be easy to get, but obviously is considered too sensitive for public consumption. The information is hidden supposedly due to "competitive issues" between recipients.???????
    If a company gets a handout, shouldn't the people who give it get to know about it? I realize the embarrassment that might be generated in having people know that taxpayers are funding highly profitable natural gas producers, with essentially no benefits flowing back to the province, but doesn't our right to know trump any of that?

  • ChrisB

    2 years ago

    What We Should Now Expect

    With the FOI "order" that I am expecting (finally) from the OIPC, I have a very specific and personal interest in Mr. Loukidelis's move from Commissioner to Deputy A.G. Given what I've been told recently (verbally and in writing) I should anticipate seeing that order very soon. I see no possibility of any outcome other than one that denies me the access I've sought or grants it to me because I've correctly argued that the A.G.'s submission rests on a single bald lie.

    One reason I'm optimistic about this is that on Jan. 6 I was finally told that the adjudicator is Michael McEvoy, and the following day he issued the first two "orders" of 2010, which are identical except for the identity of the respondent. The A.G. is the respondent in F10-02, which could be a template for what I am seeking. These first two orders therefore provide me with additional supporting material should I need to take this matter to judicial review.

    If the OIPC finds in my favour this will be a serious issue for the Ministry of A.G., quite apart from what I hope to find in the documents I've been seeking. So how this now unfolds may be an indication, to me at least, of what we might reasonably expect from David Loukidelis as Deputy A.G.

    I'm not arguing that he should not have immediately rejected the offer. However, I'm still open to the possibility that he took the offer in good faith, believing that he can serve the public interest in that role.

    I expect it won't take very long for him to demonstrate whether he did accept that offer in good faith or not. What we need to do is keep the spotlight on the Ministry of A.G. for at least the remainder of this year.

  • RickW

    2 years ago

    Tieleman: "I believe that we should all be pushing the BC NDP.."

    .....to do SOMETHING, ANYTHING! We have 3+ years of crap like this to go through, until next election. Wait that long and there won't be much of a province left to salvage.

  • zalm

    2 years ago

    I've got another idea

    Get Gordo to make Leonard Krog the FOI commissioner. Leonard gets to grow a spine, Gordo gets rid of a pain in the ass from the legislature, and we get someone who, if no more effective than Loukidelis, at least is no worse.

    Well, I can dream, can't I?.....

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